Re-entry after Deportation

[ksnet]

Hello,

I entered the US on a student visa in Aug 97 which expired in Dec 2000. I was arrested by the INS in Dec 01 and later placed in removal proceedings.

During this time, I got married in Oct 02 which ended in a divorce in Sep 03. My last removal hearing was in Feb 04 which had my voluntary departure set for Jun 04. I filed an appeal with EOIR in Mar 04 which was considered.

The EOIR decision finally arrived in Feb 05 and they rejected my appeal stating that I had agreed for voluntary departure on the day of my removal proceedings and referred the matter back to the immigration judge. The EOIR decision was sent to my previous address in Feb, at the same time I sent a change of address to EOIR. I wasn't informed regarding any 3/10 bar. I came back to India in August 2005.

1. Would I be subject to the 3/10 bar?
2. Since the EOIR decision was mailed at the same time that I informed them my change of address, would I be subject to overstaying the voluntary departure date?
3. How long do I have to wait to reapply and what forms do I use?
My uncle is a US citizen and my brother's currently on a H-1.
I'd highly appreciate your responses.

[ksnet]

Hello,

I entered the US on a student visa in Aug 97 which expired in Dec 2000. I was arrested by the INS in Dec 01 and later placed in removal proceedings.

During this time, I got married in Oct 02 which ended in a divorce in Sep 03. My last removal hearing was in Feb 04 which had my voluntary departure set for Jun 04. I filed an appeal with EOIR in Mar 04 which was considered.

The EOIR decision finally arrived in Feb 05 and they rejected my appeal stating that I had agreed for voluntary departure on the day of my removal proceedings and referred the matter back to the immigration judge. The EOIR decision was sent to my previous address in Feb, at the same time I sent a change of address to EOIR. I wasn't informed regarding any 3/10 bar. I came back to India in August 2005.

1. Would I be subject to the 3/10 bar?
2. Since the EOIR decision was mailed at the same time that I informed them my change of address, would I be subject to overstaying the voluntary departure date?
3. How long do I have to wait to reapply and what forms do I use?
My uncle is a US citizen and my brother's currently on a H-1.
I'd highly appreciate your responses.

[aneri]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ksnet:
3. How long do I have to wait to reapply and what forms do I use?. </div></BLOCKQUOTE>
for an immigrant visa I assume? What would be the basis (who would sponsor you)?

[ksnet]

Thank you for your reply Aneri.

Need not be necessarily be Immigrant visa, initially I plan to apply for a tourist visa(to visit my uncle who can be my sponsor).

[Rough Neighbor]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ksnet:
1. Would I be subject to the 3/10 bar?

Sorry for the bad news, but yes.

2. Since the EOIR decision was mailed at the same time that I informed them my change of address, would I be subject to overstaying the voluntary departure date?

Again, yes, sorry. There is a doctrine in a democracy that says: "ignorance of the law excuses no one." It applies in your case in the sense that your non-receipt of the appeal rejection letter doesn't excuse you from any of its provisions.

3. How long do I have to wait to reapply and what forms do I use?

If you're applying for another nonimmigrant (tourist) visa, you may calculate the length of time you've been out-of-status on US soil and you'll know which bar applies to you. But even after then, well, it's an uphill climb for you. Sorry.

My uncle is a US citizen and my brother's currently on a H-1.

At first glance, both don't provide any single merit in your visa re-application. Your uncle may execute an (Affidavit of Support) Form I-134 for you but any qualifying person can do that, no need to be a relative, but then, even a dozen Forms I-134 can't replace your strong ties to your country, which you can't abandon, that you should establish during the consular interview.

I'd highly appreciate your responses. </div></BLOCKQUOTE>

[Someone12]

no consul in his or her right mind will give you, a visa cheat, a tourist visa...after all, you have already demonstrated that you cannot follow the simple rules we have...so forget the 3/10 year bar, anyone looking at your sordid visa history would have to ask themselves..."why should I trust this $hithead again?" -- and guess what the answer will be...

[ksnet]

Thank you for your responses
@Davdah: My final hearing was in Feb'04 and I was given time till Jun'04 to leave the country. But the time to file the appeal with EOIR was within one month from the final hearing.
I filed the appeal in Mar'04, the decision was mailed in Feb'05.

[ksnet]

This was the response

"PER CURIAM, The Appeal will be dissmissed. Record reflects that the respondent waived appeal. The summary of the judge's **** decision dated feb 19/04 noted that the respondent had waived appeal. Also the counsel for the respondent waived appeal. Mar 18/04 resp filed a notice of appeal. Upon review, we find that this case is not properly before us, as the resp has made no ARGUEMENT THAT THE DECISION TO WAIVE APPEAL WAS NOT A KNOWING AND INTELLIGENT ONE.
Thus, the judge's decision became administratively final upon the respondent's waiver of the right to appeal, and the board lacks jurisdiction over this case. Accordingly, the appeal is dismissed and the record is returned to the court without further Board action."

[aneri]

as I read it, you overstayed from June 04 til Aug 05; over a year.