Overturning a 10-year ban?

O

Obi-Wan Kenobi

Registered Users (C)
I entered the US at age 11. While there, several applications that my parents filed, along with the help of bad lawyers put us in an illegal situation. We were awaiting our priority date to become current from a sibling filing my Uncle made for my father, but it was too long of a process, and since I further understood the "aging out" principle, I voluntarily left the US just after my 26th birthday. There was no court order, no request, no formal deportation... nothing. I just bought a ticket and left along with my sister (who is five years older than me).

It looks like my father is about to recieve his green card (he's a victim of the visa priority date retrogression, but still relatively close as his PD is June 2000).

I have now been out of the country for nearly three years. I live in Europe, but I would like to return to the US, even if just for a visit. My company would be interested in bringing me into the US, but I don't want to disclose my former situation to them as they're a good company and I have a good place/future with them.

Also, I'm thinking of all my friends/family in the US. What if one of them dies? What if one of them gets married? Can I do anything to get this ban overtuned? I travelled into the US on my parent's passport and I left as soon as I financially could. Any advice? Please help!

Thanks.
 
Okay, thanks.

Let me ask this: would a ten-year ban on the US affect me being able to move to somewhere else? Like Canada, for example?
 
Obi-Wan Kenobi said:
Okay, thanks.

Let me ask this: would a ten-year ban on the US affect me being able to move to somewhere else? Like Canada, for example?
Click to expand...

I think you may be confusing this with the 2 yr HOME residency requirement of a J-1 non-immigrant who can't fulfill that in a 3rd country.
 
Thanks for all your help here, guys. It's a very sad feeling being locked out of a country... I know many here are going through similar things. Most times you feel very, very depressed, and no one ever cares... so just answering a few questions to a stranger might not seem like a big deal, but it's greatly appreciated.

I have a lot of things to figure out for the rest of my life now.
 
Final question, I promise: the next step is to have my father (hopefully a soon to be LPR) sponsor me. I know the wait time is c. 7+ years, maybe closer to 8 now with the retrogression. Let's assume things move faster than that and during that time my priority date becomes available, but the 10 year ban hasn't ran it's course. What would/should I do? Can I still file for adjustment of status at that time? Please advise.

Thanks!
 
Also... also... also... how can I prove I've been out of the country for 10 years? Is there anything I will need specifically, or is the fact that I left in 2008 enough?

Lastly: let's say I'm taking a flight to somewhere else, and they have a layover in the US... is that a problem?

Sorry for all these questions, thanks for your help.
 
Obi-Wan Kenobi said:
Final question, I promise: the next step is to have my father (hopefully a soon to be LPR) sponsor me. I know the wait time is c. 7+ years, maybe closer to 8 now with the retrogression. Let's assume things move faster than that and during that time my priority date becomes available, but the 10 year ban hasn't ran it's course. What would/should I do? Can I still file for adjustment of status at that time? Please advise.

Thanks!
Click to expand...

In order to file for ADJUTMENT:
1. you have to be in the country after a lawful admission and
2. as F2B you have to still be in a lawful nonimmigrant status
 
Obi-Wan Kenobi said:
Also... also... also... how can I prove I've been out of the country for 10 years? Is there anything I will need specifically, or is the fact that I left in 2008 enough?

Lastly: let's say I'm taking a flight to somewhere else, and they have a layover in the US... is that a problem?

Sorry for all these questions, thanks for your help.
Click to expand...

Entry into the U.S. via legal means is recorded.

If you have to transit the U.S., they might not let you off the plane, or restrict you to the airline's lounge at the airport.
 
BigJoe5 said:
In order to file for ADJUTMENT:
1. you have to be in the country after a lawful admission and
2. as F2B you have to still be in a lawful nonimmigrant status
Click to expand...

I guess this is why I'm confused, because if I was in the country, couldn't I just file for an adjustment of status while in the country and pay a penalty fee?

It really does seem to be a broken system because I've seen people adjust their status internally and spend a lot less in moving country and have their lives a lot less uprooted... these people have even done crimes and acted foolishly.
 
You must log in or register to reply here.
Top