10 years ban or not?

[Boiler 43,427]

I thought you had a lawyer.

[schizzo_fg 1]

I thought you had a lawyer.

I did, my case is currently closed, so I don't really need him anymore and I most likely will be leaving the US by July 15. I will need one, in case I get slapped with the 10 year ban w/CO.

Do you know if there is anything that can be done right now with a lawyer to not get a ban?

[Boiler 43,427]

I forget the proper term, maybe Advisory Opinion?, but that is something a Lawyer can do and send to a Consulate which an individual can not.

[belinda63 2,981]

So you were/are here on a student visa but have not attended class since 2005. You have probably also been working illegally. You are trying to use the D/S status on the I-94 to justify that you should not have a ban if you leave the US. The problem is you have already been found deportable by an immigration judge. You have been found to have overstayed long enough to incur the 10 year ban. I don't think a consular officer has the authority to overturn a decision made by an immigration judge.

[Boiler 43,427]

So you were/are here on a student visa but have not attended class since 2005. You have probably also been working illegally. You are trying to use the D/S status on the I-94 to justify that you should not have a ban if you leave the US. The problem is you have already been found deportable by an immigration judge. You have been found to have overstayed long enough to incur the 10 year ban. I don't think a consular officer has the authority to overturn a decision made by an immigration judge.

Probably working illegally?

I assume the plan is that the overstay does not kick in until the IJ finding and that VD period does not count.

[belinda63 2,981]

The immigration judge found he has been in overstay status since 2005. Just because he wasn't found for years doesn't forgive his overstay. Unless his wives were very kind and hard working how did he survive here for 10 years with no job? Yes, this is an assumption on my part but I feel pretty safe making it.

[Boiler 43,427]

Begs the question does the finding all other things being equal date from the judgement or the breach?

I guess there are some understanding wives out there?

[schizzo_fg 1]

The immigration judge found he has been in overstay status since 2005. Just because he wasn't found for years doesn't forgive his overstay. Unless his wives were very kind and hard working how did he survive here for 10 years with no job? Yes, this is an assumption on my part but I feel pretty safe making it.

However, the law is the law and when the law states that unlawful presence doesn't kick in automatically until the judge declares you out of status, I'm only following US immigration law, so... ... when the judge after my overstay, even allowed me voluntary departure, it means just that. He forgave the violations, if he didn't.. .. .I'd have an order of removal on me!!!

Only a CO will tell me if I have a ban or not and if he does, I'll have a "lawful" argument to fight it. An immigration judge has more authority than a consular officer. He can not NOT see that the judge granted Voluntary Departure to someone who overstay for 10 years... ... that I worked illegally has no saying once I'm out of the country!!!! Voluntary Departure is a benefit given to an alien in violation. I consider myself blessed to some extent and now I will have an argument to avoid the ban, by the time USCIS write s that letter... ...

[Boiler 43,427]

An immigration judge has more authority than a consular officer.

That is wrong. That I know for certain.

VD is given to people who never had status.

[belinda63 2,981]

Many illegal or out of status criminals were given VD. It is cheaper for the US government since they don't have to pay to remove them.

[schizzo_fg 1]

Many illegal or out of status criminals were given VD. It is cheaper for the US government since they don't have to pay to remove them.

One of the requirement to be granted VD is to have shown good moral character in the past 5 years!

[schizzo_fg 1]

That is wrong. That I know for certain.

VD is given to people who never had status.

Example: if a judge or the BIA decide to waive the 10 year ban in a final order in an immigration case (based on their humongous discretion given), the CO will have to comply with that.

[schizzo_fg 1]

Probably working illegally?

I assume the plan is that the overstay does not kick in until the IJ finding and that VD period does not count.

The overstay is an overstay, but the unlawful presence element (which makes you "barrable" for 3/10 years) only starts from the moment a judge declares you out of status in removal proceedings, or from the moment USCIS denies a certain immigration benefit you applied for, the unlawful presence starts the day of that publication/communication.

In my case, since the USCIS letter of denial was a burecratic mistake, (they didn't detect my departure and following re-entry that re-instated my status), if that can not be used for their mistake to count unlawful presence against me, then by law I haven't accrued one single day of unlawful presence. EVen more so, the IJ granted VD, which stops the clock of unlawful presence if I timely depart within the date the IJ gave me.

Technically, someone who enters with a D/S status, can overstay 20 years and if the overstay stays undetected, not one day of unlawful presence is accrued for that alien, which makes it easier to come in with a different type of VISA.

It'll be a fight to get back in from outside of the US, but if there is no ban, chances just increased 70% for someone to get back in, especially if they have a US spouse!

[Boiler 43,427]

One of the requirement to be granted VD is to have shown good moral character in the past 5 years!

I have seen many get VD who could not meet that requirement. You have to work pretty hard to get deported.

That is a requirement to get citizenship.

Example: if a judge or the BIA decide to waive the 10 year ban in a final order in an immigration case (based on their humongous discretion given), the CO will have to comply with that.

Never seen that happen but no.

[schizzo_fg 1]

I have seen many get VD who could not meet that requirement. You have to work pretty hard to get deported.

That is a requirement to get citizenship.

Never seen that happen but no.

The CO has authority to go against what even the BIA orders in a final order? Really?