10 year bar? marriage?

[cdsjackson 0]

My Girlfriend lived in the US for about 10 years under a pending political asylum case. Unfortunately this case, after a few appeals was denied. She was living in AZ with her mother and sisters. Her mother was the one who submitted the asylum application, but due to some events, she filed it a year after they had overstayed their visa. This process took over 6 years and they received their denial letter at the beginning of October, 2010. We were not given a date to leave, nor were they deported, instead the left voluntarily before any other notice was sent. She does not have a criminal background either there in Colombia, which is where she currently resides, nor in the US. On the contrary, She has never failed to file her tax forms, she was not a burden to the state, and she was an exemplary student. She was 10 years old when she entered the States under a tourist visa, then when she family and her left, she had already turned 21 years old. Our questions are the following:

* Will or has she be penalized with the 10 year ban?

* If so, can she file for a waiver or pardon?

* Does it make a difference that she was a minor when she entered?

* Will it make a difference if she states that she had to stay with her family because she was a minor?

* If we get married there in Colombia, is it easier for her to be allowed back in the US?

* Is it at all possible to file for a K-1 fiancée visa?

* Is there any other possibility for her to apply to go back to the US?

* If I does have the 10 year ban, does that affect her entrance/application process to go to another country?

I really love her and want for her to be here with me. We will be sooo grateful for anyone who can give us any advice. Thank you

[Brother Hesekiel 2,236]

* Will or has she be penalized with the 10 year ban?

Yes, as she was unlawfully present for over 1 year after her 18th birthday, which is when she became an adult and her clock started ticking.

* If so, can she file for a waiver or pardon?

She can file for an I-601 waiver, but it won't be approved, as there's no hardship for you if she can't come, other than a heavy heart.

* Does it make a difference that she was a minor when she entered?

No. Uncle Sam realizes that children have no say where parents take them, which is why unlawful presence it not recorded until the child becomes an adult. Had she left within the 179 days following her adulthood, she would not have triggered a bar.

* Will it make a difference if she states that she had to stay with her family because she was a minor?

No. She wasn't a minor when she accumulated overstay. She was an adult for several years.

* If we get married there in Colombia, is it easier for her to be allowed back in the US?

No. She won't be coming back anytime soon.

* Is it at all possible to file for a K-1 fiancée visa?

Yes, and it will be denied.

* Is there any other possibility for her to apply to go back to the US?

Yes, once her bar has been served, based on an I-129 or I-130 petition.

* If I does have the 10 year ban, does that affect her entrance/application process to go to another country?

No, not at all.

Edited July 29, 2011 by Just Bob

[Penguin_ie 6,005]

Overall, Bob is correct, but I am not sure she has a 10 year ban. From what I understand from what the OP is writing, the one year overstay happened when the OP was a minor, and then there was a 6 year wait for the asylum case. It was during those 6 years the OP turned 18, and they left within 30 days of the asylum denial. Thus, I think there is no ban.

[cdsjackson 0]

Overall, Bob is correct, but I am not sure she has a 10 year ban. From what I understand from what the OP is writing, the one year overstay happened when the OP was a minor, and then there was a 6 year wait for the asylum case. It was during those 6 years the OP turned 18, and they left within 30 days of the asylum denial. Thus, I think there is no ban.

Thats what our thoughts were based on the special tolling provisions.