Overstayed in US before, now fiance is a greencard holder - can I enter the US again?

[wharton]

Hello,

I need some advice.
I went to the US in the end of 1990's with my family to flee political turmoil that was happening in my home country, and was 11 years old at the time. My mother then applied for a political asylum and I was part of her application. After waiting for processing and administration which took quite some time (about 4 years), we found out that our asylum was denied. There was also some issue with the mail losing our application and interview invites. We then received a letter of deportation.
Then we applied for an appeal, and remained pending with no further notice. After an additional year, we checked back for our status and found that our appeal was also denied.

I stayed for a few more years after that to finish my education, and voluntarily left the US after completing my undergrad. It has been about 5 years since I left the US, and since then I met my fiance who is a greencard holder and is/will be based in the US. Is it possible for me to enter the US again? I had read that there was a 10-year ban for overstaying...

 

[TheRealCanadian]

How long did you stay in the US after your 18th birthday?

 

[Sm1smom]

Hello,

I need some advice.
I went to the US in the end of 1990's with my family to flee political turmoil that was happening in my home country, and was 11 years old at the time. My mother then applied for a political asylum and I was part of her application. After waiting for processing and administration which took quite some time (about 4 years), we found out that our asylum was denied. There was also some issue with the mail losing our application and interview invites. We then received a letter of deportation.
Then we applied for an appeal, and remained pending with no further notice. After an additional year, we checked back for our status and found that our appeal was also denied.

I stayed for a few more years after that to finish my education, and voluntarily left the US after completing my undergrad. It has been about 5 years since I left the US, and since then I met my fiance who is a greencard holder and is/will be based in the US. Is it possible for me to enter the US again? I had read that there was a 10-year ban for overstaying...

Which exactly is your reason for seeking re-entry/re-admission into the US?

Hello,

I need some advice.
I went to the US in the end of 1990's with my family to flee political turmoil that was happening in my home country, and was 11 years old at the time. My mother then applied for a political asylum and I was part of her application. After waiting for processing and administration which took quite some time (about 4 years), we found out that our asylum was denied. There was also some issue with the mail losing our application and interview invites. We then received a letter of deportation.
Then we applied for an appeal, and remained pending with no further notice. After an additional year, we checked back for our status and found that our appeal was also denied.

I stayed for a few more years after that to finish my education, and voluntarily left the US after completing my undergrad. It has been about 5 years since I left the US, and I applied for MBA in one of well-known universities in the US. I was accepted and now have an invite letter to study in the US.

My question and concern is, is it possible for me to enter back into the US and apply for a student visa?

http://forums.immigration.com/showthread.php?554395-Underage-political-asylum-denied-but-overstayed-can-I-enter-back-into-US

 

[ananga73]

Cut the fluff and give specific dates. What is a few more years? Noone can give you any pertinent answer with such evasive broad statements you've given.

Hello,

I need some advice.
I went to the US in the end of 1990's with my family to flee political turmoil that was happening in my home country, and was 11 years old at the time. My mother then applied for a political asylum and I was part of her application. After waiting for processing and administration which took quite some time (about 4 years), we found out that our asylum was denied. There was also some issue with the mail losing our application and interview invites. We then received a letter of deportation.
Then we applied for an appeal, and remained pending with no further notice. After an additional year, we checked back for our status and found that our appeal was also denied.

I stayed for a few more years after that to finish my education, and voluntarily left the US after completing my undergrad. It has been about 5 years since I left the US, and since then I met my fiance who is a greencard holder and is/will be based in the US. Is it possible for me to enter the US again? I had read that there was a 10-year ban for overstaying...

 

[wharton]

Hi ananga73: "a few more years" is about 4 years after the denied appeal.

Sm1smom: both reasons, one is to go to school (which I purposely applied to knowing that my fiance will be based in the US), and the other one to have the option to live with him in the US.

TheRealCanadian: after my 18th birthday, I stayed for 3 years.

Many thanks for reading the post, I greatly appreciate it.

 

[ananga73]

wharton,

Yes you can reenter the USA again. The bad news is only 10 years after you left.

Best.

Hi ananga73: "a few more years" is about 4 years after the denied appeal.

Sm1smom: both reasons, one is to go to school (which I purposely applied to knowing that my fiance will be based in the US), and the other one to have the option to live with him in the US.

TheRealCanadian: after my 18th birthday, I stayed for 3 years.

Many thanks for reading the post, I greatly appreciate it.

 

[Jackolantern]

I stayed for a few more years after that to finish my education, and voluntarily left the US after completing my undergrad. It has been about 5 years since I left the US, and since then I met my fiance who is a greencard holder and is/will be based in the US. Is it possible for me to enter the US again? I had read that there was a 10-year ban for overstaying...

Yes you are banned for 10 years, so you have to wait about another 5 years. However your fiance (or spouse, if you marry outside the US before the 10 years are up) can file a petition for you before the 10 years are done, as long as the consular interview is after the 10 years. So if applying before completing 10 years, the petition must be timed properly based on the situation; timelines vary based on whether you're applying for a spousal visa or fiancee visa, and whether your fiance/spouse is a US citizen or permanent resident.

Note that the fiancee visa is only possible if your fiance is a US citizen. So right now he can't file anything; either he must marry you or become a US citizen to be eligible to file for you. And filing anything right now would be too soon because you still have 5 years of waiting left.