Ban as a result of removal

[forex_dealer]

Hello guys,soliciting some feedback and hopefully can get some advise from the board.
My sister came to the US in 2006 as a Master's student, she spent couple of semesters at school but dropped out due to financial difficulties. She went out of status,obviously and later married Australian citizen and left for Australia in 2008. Before she left for Australia, she was summoned to Immigration court and was going through removal procedure, she was supposed to go to the court but left the country before the court date. However, she didn't go and tell immigration that she was leaving the US before the court date.
So fast forward 2011, she is now in Australia and will become Australian citizen in October, she plans to come to the US again but we don't know if this is possible. We are assuming that she was ordered to be removed because she didn't appear at the court and it is possible that a 10 year ban has been enforced on her.
Do you think that the ban can be lifted since it was voluntary departure and she wasn't deported? There is a visa waiver program for Australian citizens, do you think she could risk and fly to the US without a visa and try to enter the US?
Any feedback would be appreciated.
thanks in advance.

 

[speakamericano]

Hello guys,soliciting some feedback and hopefully can get some advise from the board.
My sister came to the US in 2006 as a Master's student, she spent couple of semesters at school but dropped out due to financial difficulties. She went out of status,obviously and later married Australian citizen and left for Australia in 2008. Before she left for Australia, she was summoned to Immigration court and was going through removal procedure, she was supposed to go to the court but left the country before the court date. However, she didn't go and tell immigration that she was leaving the US before the court date.
So fast forward 2011, she is now in Australia and will become Australian citizen in October, she plans to come to the US again but we don't know if this is possible. We are assuming that she was ordered to be removed because she didn't appear at the court and it is possible that a 10 year ban has been enforced on her.
Do you think that the ban can be lifted since it was voluntary departure and she wasn't deported? There is a visa waiver program for Australian citizens, do you think she could risk and fly to the US without a visa and try to enter the US?
Any feedback would be appreciated.
thanks in advance.

I would not advise her using the Visa-Waiver as she was in removal proceedings before and just didn't show up to the court. She needs to go to the nearest US embassy in Australia and see what's her status as far as her ban goes. If she tries to enter US without a visa on a visa-waiver then she might lose the visa-waiver benefits for other countries (maybe a few or maybe all) as she will be violating the law. Before getting a lawyer, she needs to visit the US Embassy and see what's her status. Can she enter the US or there's a bar. You cannot just call it voluntary departure as she never went in front of a judge. She just left the country. Not going to the court might cause hiccups in her journey to the US.

 

[PRAHA]

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