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Reentring Under Deporation

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  • Reentring Under Deporation

    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
    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
      Just wait for the Amnesty, you are covered by the bill if it passes the House.

      (A) paragraphs (5), (6) (except for subparagraph (E)), (7), (9), and (10)(B) of section 212(a) may be waived for conduct that occurred before the date on which the Secure America and Orderly Immigration Act was introduced;
      (B) the Secretary of Homeland Security
      may not waive"” (i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of section 212(a)(2) (relating to criminals);
      (ii) section 212(a)(3) (relating to se23 curity and related grounds);

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      • #4
        "may be waived" is not "Is waived". Sounds like he'd have to apply for a waiver.

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        • #5
          If it "may be waived", then "good" lawyer will make it work.

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