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Can a banned person enter with a subpoena?

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First let me say I don't know which category is correct for this question. Sorry if its wrong.

I know a person who entered on a b2 visa and overstayed over 6 months, less than 7. First, when they left would they have been informed at the border they now had a ban? Second, If they were banned would a subpoena trump they ban? To be clear, would INS and customs have to allow them to re-enter if they had a subpoena to appear in court as a witness?

If you answer this question would you state your source or reason for the opinion. thanks.

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Firstly there is no ins, it's uscis. Secondly no they do not inform you of the ban. And I don't know for certain but I don't believe a subpoena would overcome a ban. Perhaps they'd grant humanitarian parole. Uscis isn't stupid, they know that a court witness could slip away and stay in the USA.

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The only way to enter the US after you are ineliible due to overstaying is to apply for a visa, get denied because of the ineligibility, and then try for a waiver. In oder to even begin the aiver process, you have to be determined to be qualified for the visa in every other way, mwaning yu have to be able to overcome the presumption of immigration in 214b of the INA -- that will be hard to do with a recent overstay. And, no -- a court supoena does not mean an automatic approval to enter the US....unless the supoena was to appear in a case where USCIS wants you to apear.

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I really can not see where any type of subpoena will over ride a ban

If a persons testament is that important to a case. The aurthorites will most likely record the testament.

If the person does have to come here I am guessing ice will be involve and US marshals

will be escorting the person


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With the appropriate travel document would be the answer, a visa or parole.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ESTA, if it was on the table, is now off the table for life due to the overstay.

You would need to apply for a B-2 visa overseas, be found inadmissible (due to the 3 year overstay bar), then you would be able to file for a nonimmigrant waiver at the embassy which refused you. There is no specific form for a nonimmigrant waiver, you would have to ask the officer at the embassy their specific procedures as each one may do it differently. The specific waiver would be an INA 212(d)(3) waiver, and it can take a few months to receive a decision on it.


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ESTA, if it was on the table, is now off the table for life due to the overstay.

You would need to apply for a B-2 visa overseas, be found inadmissible (due to the 3 year overstay bar), then you would be able to file for a nonimmigrant waiver at the embassy which refused you. There is no specific form for a nonimmigrant waiver, you would have to ask the officer at the embassy their specific procedures as each one may do it differently. The specific waiver would be an INA 212(d)(3) waiver, and it can take a few months to receive a decision on it.

ESTA is not off the table for life. Others have reported getting it again after being denied ESTA.

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If you overstay on ESTA you are barred from using it for life, although in this case it seems they entered on a B-2, so may be a future possibility after the ban is waived or served.

Edited by Hypnos

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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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usually, the court thinking to issue the subpoena, has a Department of State liason to handle this stuff for quickly getting a visa done at any NIV unit.

Are you asking metaphorically? Or are you actually going to get subpoena'd ?

If the court wants to issue the subpoena and is unaware that you are outside of the USA, then that's just whack. If this court is aware about your location, then usually (cause it's timely and more cost effective) to actually have you deposed in a local setting (local to you) with the local court assisting. If it needs to be live, then a video-conference connection would be facilitated during the court time.


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Hey, thanks all for the responses. First, It is Not me,. as I said, I know someone.

second, It would be a state issued subpoena, (as in state witness). Although not a major criminal event.

Darnell, good answer, a video testimony would be much more likely, Less expensive and much easier.

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Has this person been served with a subpoena or are you asking metaphorically, what if they were subpoenaed? Has this person actually been served in their home country?

no-one has received a subpoena as of now. but I am curious.

Is there a way to find out if in fact a Ban was issued?

Edited by user12

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close


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If she overstayed by at least 180 days then the ban under INA 212 is automatic, and notice is not given (unless you try to re-enter or obtain another visa, at which time you'll be told you're inadmissible). It's a three year bar for at least 180 days of overstay, and a ten year bar for at least 365 days of overstay.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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