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  • 10 year ban question

    Hi friends!

    I've heard there is a ten year ban on those who overstayed for over a year, which is my case I guess. I left the states around 5 years ago w/o order of deportation, and after that applied for fiancé visa with my fiancé and was denied. It said visa was denied due to previous visa overstay. It didn't say anywhere I was a subject to a 10 yr ban. The waiver was available to us but my fiancé has cheated and we broke up. Our mutual son is USC born overseas. His American grandparents want me to bring him over. I called the consulate and asked what are my options and they said I can apply for visitor visa (my country is on visa waiver program) and at the interview they'll decide if to allow me to bring my son for a visit. Now the question is if the immigration law says I'm banned for 10 years, why would consulate make me come and pay $160 visa fee if they know in advance I'm not admissible. They told me I may try: does it mean they can go around the law and treat every case individually ?

    Thank you.

  • #2
    the law stay current!!! but u can try is up to you if u want thow your money hehehehe... but i'll wait 10 years befor i apply...good luck!!!

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    • #3
      waiver denial first then...

      I understand that when you apply for a waiver because of illegal presence and you get interviewed, you will be automatically denied then you must file I-601 and show that inadmissibility would cause extreme hardship. you must make a case of how being married and living apart would be an extreme hardship. Having said that, however, there is discretion involved here and it seems to me that its a roll of the dice. I'm wondering what the success rate is for waivers in cases of marriage or fiance situations.

      Originally posted by Myname View Post
      Hi friends!

      I've heard there is a ten year ban on those who overstayed for over a year, which is my case I guess. I left the states around 5 years ago w/o order of deportation, and after that applied for fiancé visa with my fiancé and was denied. It said visa was denied due to previous visa overstay. It didn't say anywhere I was a subject to a 10 yr ban. The waiver was available to us but my fiancé has cheated and we broke up. Our mutual son is USC born overseas. His American grandparents want me to bring him over. I called the consulate and asked what are my options and they said I can apply for visitor visa (my country is on visa waiver program) and at the interview they'll decide if to allow me to bring my son for a visit. Now the question is if the immigration law says I'm banned for 10 years, why would consulate make me come and pay $160 visa fee if they know in advance I'm not admissible. They told me I may try: does it mean they can go around the law and treat every case individually ?

      Thank you.

      Comment


      • #4
        You did not need an I-601 waiver unless you are applying for a green card. You can apply for a nonimmigrant waiver. Please see http://www.cbp.gov/xp/cgov/travel/id...s_can_info.xml

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        • #5
          The consulate officer will suggest you allow the child to travel alone. They will not permit you to accompany the child due to a presumed intent to stay. As far as the child being a USC, that's not automatic given the circumstances as you described. You'll need to do some legal maneuvering to affect the child's citizenship status if you haven't done so already. Once done the child will not need a visa to return here. Depending on your country, the child may need a visa to return to you.
          This message brought to you by the vast right wing conspiracy.

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          • #6
            Since you are applying for a non-immigrant visa, you will be denied.

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