Deportiation and Pending 1-130

M

michael1love

New Member
I enter the US in 2001 with B1/B2 Visa, my family thought about me staying in the country legally. So one of my family member introduce us to someone he said about him that he is an attorney and he can help. This guy was Crocker; he filed an asylum petition for me BEFORE my visa got expired. Instead of advice us to have me with my mother in my US citizen sister petition who made petition for my mom. I was 17 that time, so they did not add me to that petition listing to that Crocker. Then I went with that asylum case which I was not the one who filed for and I got denied from the immigration court and immigration appeals and the 6th circuit court.
Adding, that I went through 3 bad attorneys who gave me hope and took a lot of money from me.
On 2009 my mother who is a US citizen applied for 1-130 petition for me and on august 2010 ICE contacted me and told me that I will be deported the end of that month and I have to meet them in the airport. I obeyed and I got I went to the airport in the time and day they told me and they deported me. In NY airport they made me sign a 10 years bar documents. I spend over 9 years with no criminal records and I obeyed all of the immigration laws and orders.
My question here ..what is my chances to go back to the US. And can I go back before the 10 years expired.
thank you
 
You can go back before the 10 years, only after getting permission from the Attorney General of the United States, just like it is written on your I-294.
 
If you are unmarried, the FB-1 category would still have you waiting another 4 to 14 years (depending on country) for visa availability anyway.

If it was your sister filing for mom, then your sister was a USC.

As mom was an Immediate Relative of a USC her minor children don't get a derivative visa anyway. You were not mislead on THAT point.

Hopefully, your asylum claim was not ruled frivolous because that would have meant you would be permanently barred from ANY benefit under the Immigration and Nationality Act for life.
 
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Hopefully, your asylum claim was not ruled frivolous because that would have meant you would be permanently barred from ANY benefit under the Immigration and Nationality Act for life.[/QUOTE]

thank you BigJoe,
when i was deporting , they ade em sign on papers had a 10 years check mark on it
 
michael1love said:
Hopefully, your asylum claim was not ruled frivolous because that would have meant you would be permanently barred from ANY benefit under the Immigration and Nationality Act for life.
Click to expand...

thank you BigJoe,
when i was deporting , they ade em sign on papers had a 10 years check mark on it[/QUOTE]

Good for you, when the visa becomes available you will no longer be barred because of unlawful presence! An FB-1 visa, unlike your mother's visa, DOES allow you to bring any children if you have any. However, if you marry, you move to the FB-3 category, check the wait time for that on the Visa Bulletin and take that into consideration in your life choices in that regard.
 
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IS that means i can be able to go back when a visa vaild for me and that will wave the 10 years bar? do i have to file for waviers? if so which one and how hard or easy its

thank you








Good for you, when the visa becomes available you will no longer be barred because of unlawful presence! An FB-1 visa, unlike your mother's visa, DOES allow you to bring any children if you have any. However, if you marry, you move to the FB-3 category, check the wait time for that on the Visa Bulletin and take that into consideration in your life choices in that regard.
 
michael1love said:
IS that means i can be able to go back when a visa vaild for me and that will wave the 10 years bar? do i have to file for waviers? if so which one and how hard or easy its

thank you
Click to expand...

Michael,

You will have COMPLETED the 10 years and that's the end of the bar. Nothing was or will need to be waived, you served your 10 years abroad. It becomes irrelevant and a non-issue, ancient history, nada....

When a visa becomes available for you, you just have to be otherwise eligible for an Immigrant Visa (no bad criminal history, not a terrorist, no communicable disease that cannot be treated, not likely to become a public charge {meaning that a sufficient and approved I-864, Affidavit of Support, has been filed for you}, not coming to practice polygamy or gamble or be a prostitue etc......). Although you don't have a visa avialble now, read the DS-230 Application for an Immigrant Visa. Read all the questions and evaluate your eligibility ahead of time. Be prepared.

Mom filed for you and has to file an I-864 even with zero income. If she needs help with that she can get co-sponsors and/or joint sponsors. If, God forbid, she dies, a family member could step in as a substitute sponsor. Read up on that aspect of immigration, start with the I-864 form and INSTRUCTIONS.

Good Luck,
 
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