I want to re-enter the US

[armalik25 0]

Hi All,

Can someone PLEASE HELP ME?

I went to the US in 1990 when I was 6 years old on a B1/B2 visa with my family. In 2000 my parents had applied for an asylum case which in 2005 got denied. In 2006 once I completed my University degree I voluntarily departed the US without informing the immigration authorities. It’s been over 7 years now and I really want to visit back just for vacation purposes. I now reside in Dubai and my work will require me to travel to the US and I don’t want to get denied for the visa.

Can someone please help/guide me as to what should I do?

[Penguin_ie 5,984]

**** two duplicate topics removed- please only post once on an issue/ question *****

When exactly was the asylum case denied and what happened then? ie were you given 30 days to depart but stayed until your degree was done? When exactly did you leave?

Any family still in the USA?

Also, you mention going for vacation but also say work will require you to travel- which is it, and would work only be for meetings or will they apply for a work visa for you?

[Hypnos 6,576]

You should also give your age at the time you departed the US (I am guessing around 22).

[armalik25 0]

Hi,

The asylum case got rejected in mid-2005 I don’t have the exact date but I departed the US in August 2006.

My parents departed the US in 2011 as they were deported and my brother still resides in the US who’s a US citizen.

My travel to the US will mostly be for business/meeting purposes.

I was 23 years old when I left the US and I am 30 now

[Penguin_ie 5,984]

Ok. From what limited information we have, it sounds like you will have a ban of probably ten years, so until August 2016. It will be difficult for you to get a tourist/ business visa (B1/B2) until then; there is a waiver but those are difficult to get, especially as it sounds like you may have been in deportation proceedings by the time you left. I would contact the embassy- depending on the exact circumstances and when the asylum was rejected, it is possible that you only had a three year ban, which would mean it would be much more likely for you to get a visa.

[Boiler 43,425]

What was the basis of your asylum claim?

[aaron2020 11,651]

Because the asylum case was denied, your time after age 18 (when you became an adult) is considered days of unlawful presence in the US.

Since you have almost 5 years of unlawful presence when you left in 2006, you have a 10 years ban from the US. You are not allowed back until 2016.

A visa application will be denied because of your unlawful presence.

You will need a waiver. Can't imagine a scenario that would allow a grant if a waiver in your case.

[armalik25 0]

But do you think applying for the I-212 or the I-601 would help me in my case

[Boiler 43,425]

No

[Hypnos 6,576]

You could attempt to file an I-601 nonimimgrant waiver. Speaking to an experienced immigration attorney would probably be a good idea first if you wished to pursue this option. It might be expensive and (obviously) there is no guarantee of success.

Unless you have an extremely pressing need to visit the US, I would serve out the rest of the ban (as stated above it expires ten years to the day on which you departed the US), which by your information would be some time in 2016. Once the ban expires then you can apply for a nonimmigrant visa in the normal way.

Edited May 20, 2013 by Hypnos

[armalik25 0]

So there is no hope for another 3 years

[Boiler 43,425]

You could attempt to file an I-601 nonimimgrant waiver. Speaking to an experienced immigration attorney would probably be a good idea first if you wished to pursue this option. It might be expensive and (obviously) there is no guarantee of success.

Unless you have an extremely pressing need to visit the US, I would serve out the rest of the ban (as stated above it expires ten years to the day on which you departed the US), which by your information would be some time in 2016. Once the ban expires then you can apply for a nonimmigrant visa in the normal way.

No such thing

[Harsh_77 716]

But do you think applying for the I-212 or the I-601 would help me in my case

What basis of your wavier?

Extreme hardship to whom?

[Hypnos 6,576]

No such thing

http://www.dhs.gov/i-601-waivers-inadmissibility-does-current-process-work-when-hardship-extreme-do-alternative-models

http://www.uscis.gov/ilink/docView/22CFR/HTML/22CFR/0-0-0-1/0-0-0-55/0-0-0-492.html

I was mistaken about the I-601 (those are for immigrant waivers only, or K or V nonimmigrants), but nonimmigrant waivers most certainly exist, and are applied for directly through the consular officer interviewing you for the nonimmigrant visa. Such waivers, if granted, are valid for five years, and not indefinitely as immigrant waivers are.

Edited May 20, 2013 by Hypnos

[Boiler 43,425]

d3 is the non immigrant waiver.