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  • removed ordered in absence

    Please Help

    Please Help

    I was been ordered removed in absence by the Immigration Judge in 04/2005,I left Usa in oct/2004
    under section240(b)(5)(A) of the Immigration &nationality act.
    I did a Foia request,but i need your help,because I dont kow if i can apply for a waiver?
    or if I need to wait untill the 10 years?

    Thanks in advance

  • #2
    Why were you placed in proceedings in the first place? The underlying reason may be dispositive of the outcome. You need to see a competent immigration lawyer and ask if you fall under INA 212(a)(9) at all.

    How and Why did you depart after having been served with an NTA? Did you not even know about it? What's the rest of the story?

    When you provide too little detail, you will not get a useful response.
    Last edited by Joe Whalen; 09-10-2012, 08:59 AM.


    • #3

      I have seen above post around all sort of misleading c.rap so ignore it.

      Many people who actually get served NTA leave the country before the hearing to avoid facing a judge in the court. What they don't understand is the need to inform of their departure or else RIA may be entered.

      Because you have departed the ban applicable to those RIA subjects who stay in defiance of court order does not apply to you.
      You can overcome it by presenting a verifiable and indisputable evidence of your departure.

      The 10 year ban typically is a separate from RIA ban ,and is applicable for an overstay of the visa for 365 days or more.
      Whether you are subject to it or not depends on whether you have violated specific section of INA that imposes it.

      Since your question does not fully detail your situation this is all that anyone can tell you.

      Good luck and try to find a good attorney to get a worthwhile advise. If money is not an issue try
      [IMG:left][/IMG] [i]When Andre Breton discovered for himself my paintings, he was clearly shocked by excremental details polluting it. I was surprised.


      • #4
        Are you wishing to return as a nonimmigrant (tourist, student, etc.) or as an immigrant? Are you currently outside of the U.S.? You can apply for a nonimmigrant waiver if you want to come to the U.S. temporarily.


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