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Question for Mohan???

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  • Question for Mohan???

    Posted: Wed Mar 22, 2006 4:17 am Post subject: Re-Entry Under Visa Waiver Program, While under Deportation

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    I had violated Voluntary Departure in 1994 which was defaulted to deportation. Later 1995 I married to US Citizen and had approved I-130, but never able to adjust status in US because of deporation order. In 2001, I left country after I got Canadian papers. While I was under deportation I entered in US legally using my Canadian paper that did not require visa and stayed about 5 months and left United States again for good. Now I will be getting my immigration Paper through Counseler processing, If I declare about my second re-enty which was legal because y Canadian landed immigrant did not require visa in 2001. However at the time of my second reentry I was still under deportation and subject to 10 year bar.
    My question is when Visa Counseler will know about my second re-entry at the time of visa processing what kind of consequences I should be ready for?

  • #2
    Posted: Wed Mar 22, 2006 4:17 am Post subject: Re-Entry Under Visa Waiver Program, While under Deportation

    --------------------------------------------------------------------------------

    I had violated Voluntary Departure in 1994 which was defaulted to deportation. Later 1995 I married to US Citizen and had approved I-130, but never able to adjust status in US because of deporation order. In 2001, I left country after I got Canadian papers. While I was under deportation I entered in US legally using my Canadian paper that did not require visa and stayed about 5 months and left United States again for good. Now I will be getting my immigration Paper through Counseler processing, If I declare about my second re-enty which was legal because y Canadian landed immigrant did not require visa in 2001. However at the time of my second reentry I was still under deportation and subject to 10 year bar.
    My question is when Visa Counseler will know about my second re-entry at the time of visa processing what kind of consequences I should be ready for?

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    • #3
      You did not enter legally. You may have had legal documents but you were required to obtain an I-212, permission to reapply after deportation. If you did not have this prior to reentering you entry was unlawful and subjected you to additional penalties. You need to disclose this and file the appropriate paperwork to allow you to enter. If you obtain a legal entry (which is highly unlikely since the fingerprint check is bound to reveal the existence of another file containing your deportation record), you STILL have not complied with the requirement of obtaining an I-212 and 1) can lose your status for failing to disclose information that precluded a material line of inquiry 2) could find yourself deported and permanently barred. Do the right thing and your marriage to a USC will probably get you a waiver.

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