Deported. Procedure for Legal Re-Entry.

#1
Hi Everyone,

Hope someone could shed some light on my current situation. I was deported for overstaying my Tourist (B1/B2) visa for about 3 months. ICE officers came knocking on my door. My Tourist Visa was revoked and I am banned from re-entry for 10 years if I recall correctly. (No way to find out?)

Since then 12 years has passed, been settled in my home country, and currently am thinking of going to the US for holiday. What will be the procedure for me to apply and enter the US legally? I read that I-212 waiver needs to be applied? I read that the I-212 is for people who wants to apply for a visa before their banned period ends i.e. less than 10 years if they are banned for 10 years.

Will I be able to just walk to the US Embassy and apply for a Tourist Visa without any other forms submitted?

Thank you
 

newacct

Well-Known Member
#2
Since your ban is over, you do not need to apply for a waiver or for permission to reapply. Yes, you can just apply for a tourist visa. There is still a good chance they will deny it under INA 214(b) for "failure to overcome the presumption of immigrant intent" especially give your past overstay.
 

1AurCitizen

Registered Users (C)
#3
You can't just walk to the US embassy and apply for a tourist visa.
Procedures have changed in the past decade. You now have to submit form ds160 online to apply; there is no paper form. It could take several weeks for an interview, depending on interview slots availability in your country.

*Did you have any other charges or criminality in the US? ICE usually doesn't just show up and pick up and deport a months-long B2 overstayer.
*A 3-month overstay in itself does not trigger a bar, let alone a 10-year bar or visa revocation. There is more to this story than a mere overstay.
 
#4
Thanks for your reply. I will try to check on that ds160.

I have never been convicted of any crime in the US, my home country, or anywhere else. Some traffic violations like speeding, parking, but never anything else. I suspect ICE came knocking on my door because previously I was there on a student visa (legally) for a couple of years, and the first time I entered the US with an f1 visa, after passing Immigration, they sent me to another immigration check inside a room where they asked documents and checked me more rigorously. This is why I suspect that I was on their "radar", not sure why, perhaps random checking and I got unlucky. I travelled with 4 of my other fellow students and 3 of us got checked again and the other 2 didnt have to. So when I entered with a B2 visa and overstayed, I suppose they could track me.
 

1AurCitizen

Registered Users (C)
#5
There could be any number of reasons that led to Secondary during F1 admission, and that's not uncommon. A factor could be the type of school that issued the i20. Were any of the the other 3 fellow students involved in something?

Although it is theoretically possible, I've never heard of an ICE raid, B2 revocation, and deportation for a 3-month overstay. Just doesn't work that way. ICE has bigger fish to fry than showing up at someone's doorstep for overstaying a b2 for 3 months.

Did you pay all the monetary traffic fines? Any DUIs? Were you charged with any crime, etc? Did you work while on the b2? Did you leave the US right after F1 status was over, or did you attempt to COS?
 

SusieQQQ

Well-Known Member
#6
Although it is theoretically possible, I've never heard of an ICE raid, B2 revocation, and deportation for a 3-month overstay. Just doesn't work that way. ICE has bigger fish to fry than showing up at someone's doorstep for overstaying a b2 for 3 months.
I also wondered about this, sounded very strange. If there was anything underlying this it will be on the record.
 
#7
Not that I know of. I was never involved in any crime or gang, neither did my family. During orientation in the school, there were other fellow International students who got into Secondary as well. Perhaps the fact that I come from a Muslim majority country may be one factor? I entered with my F1 in 2003 which is only 2 years after 9/11, and the US beefed up the immigration procedure since then.

I paid all my fines, never worked in the US. after my F1 status was over, I went back home. When I was about to be deported, the ICE officer didn't handcuff me and I remembered he said to the airline officer and security in the airport that I was only an Overstayer, not a criminal. So he only escorted me to the gate and waited for me to fly back.

When I appeared in front of the Immigration Judge, he told me that while I had no criminal records or other negative thing in the US aside from overstaying my tourist visa, he found no reason to let me stay in the US (I didn't have any wife, or children of US citizen) so he ordered a removal. Which to me, if I were him, made sense.
 

newacct

Well-Known Member
#8
*A 3-month overstay in itself does not trigger a bar, let alone a 10-year bar or visa revocation. There is more to this story than a mere overstay.
However, removal of a non-arriving alien triggers a 10-year ban under INA 212(a)(9)(A)(ii)(I) for the first time.
 

newacct

Well-Known Member
#10
Do these routinely go before immigration judges ?
Removal proceedings are in immigration court in front of an immigration judge.

If they had let him leave without placing him in removal proceedings (or if he was granted Voluntary Departure by the immigration judge in removal proceedings), he wouldn't have had a ban.
 

SusieQQQ

Well-Known Member
#11
Removal proceedings are in immigration court in front of an immigration judge.

If they had let him leave without placing him in removal proceedings (or if he was granted Voluntary Departure by the immigration judge in removal proceedings), he wouldn't have had a ban.
Sounds like an awful lot of effort for a few months overstay with a B visa, in light of how they generally behave (and did back then too). I knew someone who got picked up with a fake green card (and long overstay, not sure exactly but over a year) and they just put him on a plane back - didn’t go through this rigmarole. You’d think that would get a worse outcome.
 
#12
Thanks for all the sharing and insights on this issue. Perhaps I was quite unlucky to have to go through what I had gone through. Anyway, the US Embassy should have my record in the system right? So it is impossible for them to issue me a visa if my ban is still valid. (Which I want to make sure that my banned period is over).

If this is the case, then I will try to apply as per the current procedure to the US Embassy.
 

1AurCitizen

Registered Users (C)
#14
Not that I know of. I was never involved in any crime or gang, neither did my family. During orientation in the school, there were other fellow International students who got into Secondary as well. Perhaps the fact that I come from a Muslim majority country may be one factor? I entered with my F1 in 2003 which is only 2 years after 9/11, and the US beefed up the immigration procedure since then.

I paid all my fines, never worked in the US. after my F1 status was over, I went back home. When I was about to be deported, the ICE officer didn't handcuff me and I remembered he said to the airline officer and security in the airport that I was only an Overstayer, not a criminal. So he only escorted me to the gate and waited for me to fly back.

When I appeared in front of the Immigration Judge, he told me that while I had no criminal records or other negative thing in the US aside from overstaying my tourist visa, he found no reason to let me stay in the US (I didn't have any wife, or children of US citizen) so he ordered a removal. Which to me, if I were him, made sense.
The timing, and student status from a muslim majority country, could have been a factor in being pulled into Secondary post-9/11. I don't get why the overstay on B2 when you claimed to have done everything else by the book. Were you given 6 months but stayed for 9? Why invite scrutiny when you were on the govt's radar?

Anyways, all you can do is try for a B2. Of course the CO would have access to your visa history. And if denied, 190+ other countries for a Holiday.
 
#15
The timing, and student status from a muslim majority country, could have been a factor in being pulled into Secondary post-9/11. I don't get why the overstay on B2 when you claimed to have done everything else by the book. Were you given 6 months but stayed for 9? Why invite scrutiny when you were on the govt's radar?

Anyways, all you can do is try for a B2. Of course the CO would have access to your visa history. And if denied, 190+ other countries for a Holiday.
Yes. I stayed for 9 months when I was only permitted for 6. It was a stupid thing by young me back then; it was short-sighted and I didn't think thoroughly on the consequences.

Thank you for all the insights. Actually I am also applying for some Graduate Schools in the US, and If I got accepted, then I may apply for F-1 visa.
Appreciate all your comments.

I will provide updates if and when I apply for a Visa and its decision.
 

1AurCitizen

Registered Users (C)
#16
Thank you for all the insights. Actually I am also applying for some Graduate Schools in the US, and If I got accepted, then I may apply for F-1 visa.
Appreciate all your comments.
I will provide updates if and when I apply for a Visa and its decision.
Going by your post, you seem intent on the US. First as a student and as a tourist, now again as a potential tourist for Holidays and potential Grad student. Only the US, come what may?
 

SusieQQQ

Well-Known Member
#17
Somewhat unusual to be going back to grad school full time more than 12 years after undergrad (as compared to the many who do it part time while working at that kind of stage), I’d expect this to be asked about at the interview as well.
 
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