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Marrying on VWP +Divorce before Interview = 10 years bar????

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  • #16
    Yeah I guess it ***** about the bar, can't you work it out? I posted the rules from the INS website below-- it sounds like you will be barred.

    Who Is Eligible to Use the VWP?
    To qualify for the VWP, you must:

    * Intend to enter the U.S. for 90 days or less;
    * Have a passport lawfully issued to you by a VWP country that is valid for six months beyond your intended visit;
    * Be a national of the VWP country that issued your passport;
    * Have been checked using an automated electronic database containing information about inadmissible aliens to the United States;
    * Have a return trip ticket to any foreign destination other than a territory bordering on the United States or an adjacent island (unless (1) you are a resident of an adjacent island, (2) this requirement is waived by the Attorney General under regulations, or (3) you are a visitor for business who arrives aboard a private aircraft that maintains a valid agreement guaranteeing to transport you out of the U.S. if you are found to be inadmissible or deportable);
    * Present to the Immigration Inspector a completed and signed Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form (Please see How Do I Get an Arrival Departure Document? for more information about Arrival/Departure Records.);
    * Not pose a safety threat to the United States;

    this is the one that would bar you I think:
    * Not have failed to comply with the conditions of any previous admission under the visa waiver program;

    * If arriving by air or sea, arrive on a carrier that signed an agreement (signatory carrier) guaranteeing to transport you out of the U.S. if you are found to be inadmissible or deportable;
    * Convince the examining immigration officer that you are clearly and beyond a doubt entitled to be admitted and that you are not inadmissible under section 212 of the Act (for reasons that would make you inadmissible, please see the Immigration and Nationality Act at INA § 212 (a));
    * Waive any right to review or appeal an immigration officer's decision as to your admissibility, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and

    also--this one means you can't do anything if they want to deport you
    * Waive any right to challenge your removal, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.


    Anyway-- you could call and find out if you're unlawfully present, if you abandon your petition, it may not kick in until they say you are unlawfully present. Someone on the board might know.

    Comment


    • #17
      to Katie: to your credit (which will probably not offset any 3 or 10 yr bar) you are about the first and only one who has violated the terms of a privilege, visa or otherwise, who at least admitted that the fault lay at your doorstep. So many others whine about:
      a) "unfair" laws that separate families (though in most case the separation was initially caused by one member of said family scamming a visa, working illegally and overstaying! -but they always forget about that part!!)
      b) somehow feeling that they (the illegals) have some kind of inalienable (now there is a term for you) right to stay here
      c) some other people "told" them to stay and work, etc
      d) "I didn't know".....blah blah blah
      e) everyone else is to blame and that fact that only Native American Indians are true "citizens" of the US (although where and how this argument makes any sense is lost upon me)
      f) "I should be able to live and work wherever I want because God says so..." again, another hopeless "Argument" since that particular diety does not control entry into the US (nor any country that I am aware of)
      Anyway, you are certainly likely to be facing some problems , but you recognize how they came about. So, good luck to you.

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