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What happens after waiting out the 5 year barr?

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  • What happens after waiting out the 5 year barr?

    I am outside of the US. I went through an expedited removal at the port of Entry. I was given a 5 year bar(Noted on my record FOIA). I understand that I need a waiver if I want to re-enter within the bar period...HOwever, what happens after the bar(5 years in my case)has been waited out?

  • #2
    I am outside of the US. I went through an expedited removal at the port of Entry. I was given a 5 year bar(Noted on my record FOIA). I understand that I need a waiver if I want to re-enter within the bar period...HOwever, what happens after the bar(5 years in my case)has been waited out?

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    • #3
      You still need a waiver . you can state that you complete the bar period so INS can lift the Bar. Removal of Bar is not automatic.

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      • #4
        And IF you need to enter before Bar period elapse , you need a good excuse why the Bar sholud be lifted?
        Hope this helps

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        • #5
          Thank you Mohan for your kind reply. Please clarify and tell me what kind of waiver needed. Is it still the I-601 waiver and my USC spouse still need to show extreme hardship? Or is it a different waiver?

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          • #6
            I guess the good excuse that you are reffering to is the extreme hardship that the USC needs to provide. How about filing that such waiver after the ban period? As I noted on my previous post, does the USC needs to show extreme hardship?

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            • #7
              You only said expedite removal. you did not mention the base of expedite removal.
              Are u dependent/spouse of USC/LPR? if yes then what paper work you filed?
              any approval.
              I-601 is to be filed when INs ask you to file. sometimes you file on the discretion that INS is going to ask for it. ( depends upon the case, one can determine after the study of the case.) 601 is the waiver for extreme hardship to USC.
              I-212 is Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal

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              • #8
                Yes, it is the I-601 hardship waiver that would need to be filed, unless there is some other crime that would qualify you as necessitating the I-212.

                After the five year bar is up (presuming it was based on some sort of misleading information in your passport, and that there is nothing that would make you eligible for the 10 year bar, such as staying in the United States for over a year without propoer documentation) you should be able to file for immigrant status without any problems.

                You will need to go through the normal pathways, but will have already "served your time" As things currently stand, if there is no bar, you shouldn't find the process overly difficult.

                (This was told to me via a lawyer)

                Good Luck!

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                • #9
                  oh yes I-212 is correct if you were "deported" but if you were simply sent back from a port of entry (as I am assuming you were) then it is generally the I-601 that you need to file!

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                  • #10
                    The expedited removal was based on my altered Visa. This was discovered upon entry. Yes I was not able to enter the US at all. I was immidiately sent back to my country. Yes my FOIA shows that I was expedited removal due to Visa fraud and Yes it stated that I was barred for 5 years. My lawyers said that I still need the I-212 along with the I-601.

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                    • #11
                      you need I-212 because you was deported from the port of entry. without entry.
                      you need waiver 601 because you are inadmisanble under misrepresentation of fake document.
                      Now to get this all you have to have a base first.
                      What ground you want to get in , Are U sponsored by USC/LPR/Employer etc?

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                      • #12
                        Yes I am sponsored by a USC Fiancee. I got my K1 interview and was denied ofcourse due to this problem and was given a form that I need to acquire a waiver(i-601). None of the paper given to me stating that I need a i-212. At any case, I am in the brink of filing the waiver but I my Fiancee is currently gathering all the supporting documents that we would need to provide extreme hardship case. It is quite difficult but I know it can be done and yes we do have a lawyer. I just came from a consultation from another Atty. and he was asking way too much money to file it for us...in case you are wondering...its Atty. Gurfinkel. He was labeled as the Atty of last hope and he seems to have won cases that are almost imposible.
                        However it may be, my true concern is what would I need if my fiancee and I just waited out the bar? Are we in the same dilema even if we waited out the bar period? I hope not. I thought it was a sentence that if you already done your time...then the processing should be fairly straight forward.

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                        • #13
                          Attorney of last resort...LOL.
                          IF you wait for the bar period you can cure only one thing deportiblity but ,misrep, you still need waiver I-601.

                          What is your email.

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                          • #14
                            Yes...I did the same thing..oh well...I had to spend 200 dollars today just to talk to the guy.

                            Anyway, what would be the waiver for? if so, do you still need to show extreme hardship to the USC?

                            my email is adrallan@msn.com

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                            • #15
                              Mohan...could you please clarify and substantiate...isn't it that waiting for the bar will cure the inadmisability but yes I do agree that it would not cure the misrep.

                              It does not make any sense. INS gives us sentenses and at the end of the sentence that they impose to us...they say we still have to be in jail?

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