10 Year Inadmissible Bar!!

ikaur08

Registered Users (C)
Hello,
This might be a very confusing situation so here it goes. My family including me, my father, mother, and sister together applied for asylum in the year 2006, and I was the only one who became an asylee in the year 2009. My parents both recieved withholding. Here comes the confusing or the complicated situation. My sister while in process of our asylum case married a Canadian citizen in the year 2008, and recieved her Canadian visa within 4-5 months. She waited in the US for the Master hearing till May 2009, and decided to ask the IJ for voluntary departure thinking she would not recieve the inadmissible bar. She told the whole situation to the IJ, and even asked if she would be able to return to the US after leaving. The IJ told her that voluntary departure is not good in her situation and that she was going to give her withholding as she gave my parents. And that if she wanted to return to US she would need to apply for some sort of a waiver. The IJ seemed to be unsure with the situation as well. So after recieving withholding status, my sister left for Canada the next day of the hearing. Now a couple of months back after getting her PR card she applied for a Visa along with the waiver. The counslate first told her that looking at her situation she might recieve a visa (since her family is here..) but for a short period. But after a couple of weeks she called my sister to the counslate and told her that she has a 10 year inadmissible bar on her!! And that she can not enter US. I know and heard that when you leave US with only withholding status or even asylee w/o greencard you basically give that up. But she was asking for voluntary departure which the IJ didn't give. Can anyone please tell me if there is ANYTHING she can do to come visit us here?? Any sort of waiver, appeal, etc. just anything??

Thank You.
 
Can someone please reply to this post..

Inadmissible bar section 212(a)(9)(b) is triggered if the person is out of status for 180 days or more and makes a departure (leaving the country after unlawful presence).

The waiver might be available for asylees/refugees and immediate relatives of US citizens.

Asylees and refugees who had previous unlawful presence for 180 days or more and make a departure by using RTD may also trigger section 212(a)(9)(b). Asylees and refugees are permitted to re-enter the US but they will need a waiver when they apply for I-485. Waiver for asylees and refugees might be granted without the need to apply for a waiver.
 
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Hello,
This might be a very confusing situation so here it goes. My family including me, my father, mother, and sister together applied for asylum in the year 2006, and I was the only one who became an asylee in the year 2009. My parents both recieved withholding. Here comes the confusing or the complicated situation. My sister while in process of our asylum case married a Canadian citizen in the year 2008, and recieved her Canadian visa within 4-5 months. She waited in the US for the Master hearing till May 2009, and decided to ask the IJ for voluntary departure thinking she would not recieve the inadmissible bar. She told the whole situation to the IJ, and even asked if she would be able to return to the US after leaving. The IJ told her that voluntary departure is not good in her situation and that she was going to give her withholding as she gave my parents. And that if she wanted to return to US she would need to apply for some sort of a waiver. The IJ seemed to be unsure with the situation as well. So after recieving withholding status, my sister left for Canada the next day of the hearing. Now a couple of months back after getting her PR card she applied for a Visa along with the waiver. The counslate first told her that looking at her situation she might recieve a visa (since her family is here..) but for a short period. But after a couple of weeks she called my sister to the counslate and told her that she has a 10 year inadmissible bar on her!! And that she can not enter US. I know and heard that when you leave US with only withholding status or even asylee w/o greencard you basically give that up. But she was asking for voluntary departure which the IJ didn't give. Can anyone please tell me if there is ANYTHING she can do to come visit us here?? Any sort of waiver, appeal, etc. just anything??

Thank You.

why she needed to say anything at the master hearing ??..I mean ..what kind of game you guys playing??...was someone twisting her arm to say she needs to go to canada ??
 
Inadmissible bar section 212(a)(9)(b) is triggered if the person is out of status for 180 days or more and makes a departure (leaving the country after unlawful presence).

The waiver might be available for asylees/refugees and immediate relatives of US citizens.

Asylees and refugees who had previous unlawful presence for 180 days or more and make a departure by using RTD may also trigger section 212(a)(9)(b). Asylees and refugees are permitted to re-enter the US but they will need a waiver when they apply for I-485. Waiver for asylees and refugees might be granted without the need to apply for a waiver.

Thank You for your reply! But what about people who have recieved withholding? When she left US did it mean that she gave up her withholding status? And is it only when I become a US citizen can she apply for the waiver? I am getting a bit confused here..
 
why she needed to say anything at the master hearing ??..I mean ..what kind of game you guys playing??...was someone twisting her arm to say she needs to go to canada ??

Woah! No one is playing any games mister! Even if she have not said anything at the master hearing she would have gotten withholding anyways which she already did, so she wanted voluntary departure just so she won't get the 10 year inadmissible bar. She lived without her husband for a year, unless he came to meet her in US. So ofcourse she would go and live where her husband is! Right? If you can not help with giving a reasonable answer I request you to not post anything on this topic especially not some immature questions. Thank You.
 
Woah! No one is playing any games mister! Even if she have not said anything at the master hearing she would have gotten withholding anyways which she already did, so she wanted voluntary departure just so she won't get the 10 year inadmissible bar. She lived without her husband for a year, unless he came to meet her in US. So ofcourse she would go and live where her husband is! Right? If you can not help with giving a reasonable answer I request you to not post anything on this topic especially not some immature questions. Thank You.

uh oh ..I'm sorry I hurt your feelings ..again ..who said you have to say anything on MH about leaving to canada ??..if you were so sure you will get a ban anyways then at least try to infuence outcome by keeping your mouth shut ..now thats mature way of thinking in my book ...
 
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