Was deported from US, how to come back in this case ?

[johny3 0]

I came to USA in 1999 as an immigrant, had a green card, and lived legally for almost 5 years 1999-2004. I was still young that time and did some mistakes. I was convicted of possession of stolen property, was given 5 years of probation. I was found inadmissible due to conviction. But immigration judge saw some future for me and gave me a bail... I couldn't pay a bail and was deported. It was more than 7 years ago. The bar is 10 years.

In jail I became a Christian. After being deported I studied in 3 different Bible institutions, finished 5 years of Theological studies. I became a best student in one Bible College. I have few diplomas and license as a Christian minister. Today I'm in East Africa, doing mission work and ministry, helping people.

I have lots of contacts in USA, even support is from USA. Many Christian organizations are in USA. Some would invite me to conduct some seminars.

My questions:

1. I was deported more than 7 years ago, but bar is for 10 years. Is it ANY WAY to come back before 10 years bar is expired?? What should I do in this case?

2. If it is only way to wait for 10 years bar expiration, what should I do in order to apply to come back?

Thank you!!!!!!!!!!!!

[canadian_wife 1,791]

Do you have a qualifying relative in the US that could petition for you? A spouse, parent, etc?

Why do you want to come back to the US? Do you have a job? Is a company willing to offer you a work visa?

Good luck

[johny3 0]

I don't have any relatives in US.. just many Christian friends... Intention is to do short missionary trips, but a job offer would be possible in case of me being able come back to US

[Krikit 1,163]

I believe you should contact your US Embassy to see what's involved in overcoming this. You may also want to read to the bottom of this:

CBP FAQ - Denied Entry

[Brother Hesekiel 2,235]

My questions:

1. I was deported more than 7 years ago, but bar is for 10 years. Is it ANY WAY to come back before 10 years bar is expired?? What should I do in this case?

2. If it is only way to wait for 10 years bar expiration, what should I do in order to apply to come back?

Thank you!!!!!!!!!!!!

Let me answer your two questions in one. There is no way for you to enter the US again on a non-immigrant visa as long as you live.

Even after the 10-year bar is served, your petition for an non-immigrant visa will be denied every time you apply. The only way for you to enter the US again would be with an immigrant visa, for which you'd need a sponsor.

[momof1 205]

Look into filing a non-immigrant visa waiver under section 212d3. If you can prove ties to your home country you *may* be able to get a tourist visa and the non-immigrant waiver. It may be a long shot, but this could be your only chance. Immigration doesnt care if you're a good christian, a bad christian, or no christian at all.

Criminal inadmissibilities under section 212(h) have no defined period which makes them a lifetime ban. The deportation ban is separate from the criminal inadmissibility ban.

Consult with a qualified immigration lawyer. One Daniel Green claims some success with NIV waivers.

[johny3 0]

Thank you Bob for you advice !!! Does I-212 make any difference or play any role in may case ??

Bob you were very confident in your advice ! , how do you know ? just want to be competent a bit ... thank you !!!!!!!!!!!!!!

[Brother Hesekiel 2,235]

The bar is mandatory. It can be overcome with an I-212 waiver, of course, but I don't see a basis for it here. Once the bar is served, any petition for a non-immigrant visa is evaluated on its own merit.

You are an ex-immigrant, so you are somebody with clear immigrant intent. You have also been convicted of a crime and been deported from the US because of it. We live at a time where parents of LPRs and US citizens oftentimes can't get a visa to be with their child when they get married in the US. Taking that into consideration I evaluated your chances for getting a non-immigrant visa as being close to zero.

Of course, some of it may have to do with your country of residence, as getting a visa from the U.K. is certainly easier than getting one from Pakistan, but in any case you'd have to make a heck of a case for yourself. Perhaps you can, when showing invitations to hold a seminar, but I wouldn't hold my breath.

[momof1 205]

Thank you Bob for you advice !!! Does I-212 make any difference or play any role in may case ??

Bob you were very confident in your advice ! , how do you know ? just want to be competent a bit ... thank you !!!!!!!!!!!!!!

Please pay attention to what I'm saying. If you were deported for a criminal offense, then you are inadmissible not only for the deportation but also for the criminal offense. Deportable offenses aka Crimes involving Moral Turptitude(CIMT) come with a lifetime inadmissibility under section

212(h).

The 212 waiver(permission to reapply after deportation or removal) will only overcome the deportation ban. A 601 waiver of inadmissibility(including an approved immigrant visa petition with extreme hardship) is the only way to overcome the ban permanantly.

As I said before, it can be overcome for the purposes of a non-immigrant visa with a NIV waiver under section 212d3. Your chances of success depend on how effectively you can prove ties to your home country.

Once again, I'd suggest that you get your information for this type of caes from a well qualified immigration lawyer. If you do choose to get your advice on the internet, I highly recommend that you go to www.immmigrate2us.net for more reliable and experienced information.

[Sergi9 110]

I came to USA in 1999 as an immigrant, had a green card, and lived legally for almost 5 years 1999-2004. I was still young that time and did some mistakes. I was convicted of possession of stolen property, was given 5 years of probation. I was found inadmissible due to conviction. But immigration judge saw some future for me and gave me a bail... I couldn't pay a bail and was deported. It was more than 7 years ago. The bar is 10 years.

In jail I became a Christian. After being deported I studied in 3 different Bible institutions, finished 5 years of Theological studies. I became a best student in one Bible College. I have few diplomas and license as a Christian minister. Today I'm in East Africa, doing mission work and ministry, helping people.

I have lots of contacts in USA, even support is from USA. Many Christian organizations are in USA. Some would invite me to conduct some seminars.

My questions:

1. I was deported more than 7 years ago, but bar is for 10 years. Is it ANY WAY to come back before 10 years bar is expired?? What should I do in this case?

2. If it is only way to wait for 10 years bar expiration, what should I do in order to apply to come back?

Thank you!!!!!!!!!!!!

As Momof1 said 212(d)3is what you would apply on.

File this with proof of rehabilitation, character references and the invitation to conduct seminar from a legitimate entity here in US, along with all other proof of ties, and required B2 VISA documents to the Embassy. A couple months ago a member of this forum got one after a couple days. It should take no longer to decide it than the normal B1/2 VISA processing times at your appropriate Embassy, and any AP if you are from the list of 26.

If you have copies of your court dispostion's they might ask for them. If you don't you should try to obtain them.

Here is some links:

The INA 212(d)(3) Nonimmigrant Waiver – Available To All?

by Christina B. LaBrie, Esq.

Section 212(d)(3) of the Immigration and Nationality Act ("the Act") is a broad waiver provision that allows applicants for admission as nonimmigrants to overcome almost any ground of inadmissibility found in Section 212(a) of the Act. The only inadmissibility grounds that can not be overcome by the 212(d)(3) waiver relate to foreign policy considerations and participation in Nazi persecutions.

The Section 212(d)(3) waiver is thus available to the vast majority of inadmissible individuals. The 212(d)(3) waiver must be anchored to a nonimmigrant visa, such as a tourist, student, H-1B or L visa. For example, an individual who has been deported from the United States because of a criminal conviction but has since returned to his or her home country and now has an offer of professional employment from a US company can petition for an H1B visa.

Of course, it is within the discretion of the Attorney General to grant or deny the waiver. However, this waiver is important because it includes few statutory grounds of ineligibility. It could be used to obtain admission on a nonimmigrant visa for an applicant who had previously been deported from the United States or who had been found to have committed fraud, for example.

The Board of Immigration Appeals has set forth criteria to be evaluated by the Attorney General in making a discretionary determination under Section 212(d)(3). In Matter of Hranka, 16 I&N Dec. 491(BIA 1978), the BIA listed three criteria for determining whether to approve or deny a Section 212(d)(3) waiver:

1. The risk of harm to society if the applicant is admitted;

2. The seriousness of the applicant's prior immigration law, or criminal law, violations, if any; and

3. The reasons for wishing to enter the US.

The BIA did not elaborate on these basic factors in its decision. However, it did make clear that the reasons for wishing to enter the US need not be "compelling." This sentiment is reflected in the Foreign Affairs Manual at 9 FAM Section 40.301:

"The law does not require that such waiver action be limited to exceptional, humanitarian or national interest cases. Thus, while the exercise of discretion and good judgment is essential, generally, consular officers may recommend waivers for any legitimate purpose such as family visits, medical treatment (whether available abroad), business conferences, tourism, etc."

In Hranka, the BIA did not include rehabilitation as a criterion, but clearly based its decision in part on the rehabilitation of the applicant. Therefore, for applicants with criminal records, evidence of rehabilitation would certainly improve a 212(d)(3) waiver application.

The procedure for filing a 212(d)(3) waiver application is set out in 8 C.F.R. 212.4. The regulations provide two different procedures: for filing under Section 212(d)(3)(A)(for those nationalities requiring a visa) and under Section 212(d)(3)(B)(for certain visa exempt applicants).

The 212(d)(3) waiver is available to inadmissible individuals that do not have an immigrant waiver available. For example, an alien who has been convicted of a crime involving moral turpitude within the last 15 years and who has no qualifying US citizen relative for a 212(h) waiver might still be able to enter the United States on a nonimmigrant visa with a 212(d)(3) waiver. Alternatively, if an alien has a qualifying relative but is not able to show sufficient hardship for a 212(h) waiver, he or she could maintain status as a nonimmigrant and wait for the 15 years to pass so that the 212(h) immigrant waiver would be available again.

Unlike most provisions of the Act, the 212(d)(3) waiver contains no bar for those convicted of aggravated felonies. Clearly, an individual convicted of an aggravated felony would have a difficult burden in satisfying the Hranka criteria. But for many people with no other options, it is certainly worth a try.

For individuals who have been deported from the US, an I-212 application for permission to reapply for admission to the US is required within five years of deportation (or 20 years in the case of an aggravated felon). The regulations governing I-212 applications are found at 8 C.F.R. 212.2. An individual who has been deported and who is subject to a ground of inadmissibility would need to apply for permission to reapply (the I-212) and for a 212(d)(3) waiver.

It should be noted that 8 C.F.R. 212.2 specifically states the following: "A temporary stay in the United States under section 212(d)(3) of the Act does not interrupt the five or twenty consecutive year absence requirement." As a result, one could conceivably spend the entire absence requirement in the United States in nonimmigrant status.

The benefit of the 212(d)(3) waiver lies in the broad range of eligible applicants. However, these waivers are not always easy to obtain, particularly in the case of individuals with criminal convictions. In addition, the applicant must be eligible for a nonimmigrant visa. For inadmissible individuals with no other way to return to the United States, the 212(d)(3) waiver might provide a temporary solution to what can be a very difficult and lengthy time separated from family, friends or business matters.

[johny3 0]

Thank you very much Momof, Bob and Sergi !!

Question to Sergi, as I understood, the 10 year bar has to be expired first !!!! then I apply for 212(d)3 ???

Thank you !!!!!!!

[Sergi9 110]

Thank you very much Momof, Bob and Sergi !!

Question to Sergi, as I understood, the 10 year bar has to be expired first !!!! then I apply for 212(d)3 ???

Thank you !!!!!!!

Read the FAM link, not sure that is the case as this is a "non-immigrant" VISA, the only case in 212(d)3 where the I601 appears to come into play is in the case of the K VISA which is a quasi-non-immigrant, meaning its a non-immigrant conditional VISA that allows AOS.

For individuals who have been deported from the US, an I-212 application for permission to reapply for admission to the US is required within five years of deportation (or 20 years in the case of an aggravated felon). The regulations governing I-212 applications are found at 8 C.F.R. 212.2. An individual who has been deported and who is subject to a ground of inadmissibility would need to apply for permission to reapply (the I-212) and for a 212(d)(3) waiver.

It should be noted that 8 C.F.R. 212.2 specifically states the following: "A temporary stay in the United States under section 212(d)(3) of the Act does not interrupt the five or twenty consecutive year absence requirement." As a result, one could conceivably spend the entire absence requirement in the United States in nonimmigrant status.

Edited March 12, 2011 by Sergi9

[johny3 0]

Sergi !!! thank you for your help !!! call me slow !!!, but I still need some more information...

As I already understood, 212(d)3 is a waiver for non-imigrant visa ... good ! my deporation paper is 10 years ban , it was more then 7 years ago,

can I apply I-212 now ? or have to wait for 10 years first... also, please explain difference of waivers 212(d)3 and I-212 .... sorry for being slow... appreciate your help !!!!!!!!! brother from RUSSIA !!!!!!!!!!!

[johny3 0]

Sergiy, what I mean is... what does it mean that I have 10 years ban on my deprtation paper.. thank you !!