Applying for a Waiver while in US

[Jen8 0]

Hello,

 

Can anyone clarify this for me please?  If someone is currently in the US and was previously given a 20 year bar but have spent 16 years of that bar outside of the US.  However, they have had a name change and have returned to the US due to meeting an american citizen and have gotten married to the american citizen.  Can you apply for a waiver while in the US?  

 

Thanks in advance for your help.

[Ben&Zian 4,397]

I believe the waiver for a ban is done from outside the US.... if you're in the US already and ban is still in affect I assume you would get deported/removed...

[Jen8 0]

Thanks for your answer.

[Boiler 43,429]

You can file an in country waiver, obviously there are a few more issues to add to whatever the original one was for.

 

Now whether it is possible in this situation to file and obtain an approval would depend on the details.

[Jen8 0]

Thanks Boiler, my sister was banned because she overstayed and was working.

[Boiler 43,429]

Sounds possible with a good waiver lawyer.

[Jen8 0]

Thanks Boiler,  she has a clean criminal record in Canada and never committed any crimes anywhere else.  

[Jawaree 717]

Was there misrep to obtain the new entry. was deportation & reasons disclosed

upon entering, was the name change disclosed, did she legally reenter, all

these have to be looked at, speak to an atty...maybe...Canadians tend ro get a bit

better break ...I think

[Jen8 0]

Thanks Boiler,  she has a clean criminal record in Canada and never committed any crimes anywhere else.  

[Jen8 0]

I advised her to speak to an attorney.

[kzielu 1,147]

20 hours ago, Jen8 said:

Thanks Boiler,  she has a clean criminal record in Canada and never committed any crimes anywhere else.  

 

Did she come back under new name despite being still inadmissible ? If yes, there's the biggest problem. Misrepresentation and lifetime ban, therefore "few more issues" Boiler mentioned .

[Transborderwife 4,666]

On 1/3/2017 at 0:33 PM, Jen8 said:

Hello,

 

Can anyone clarify this for me please?  If someone is currently in the US and was previously given a 20 year bar but have spent 16 years of that bar outside of the US.  However, they have had a name change and have returned to the US due to meeting an american citizen and have gotten married to the american citizen.  Can you apply for a waiver while in the US?  

 

Thanks in advance for your help.

how could she have returned while under a bar?

Edited January 4, 2017 by Transborderwife

[famictech200 1]

On 1/4/2017 at 0:43 PM, kzielu said:

 

Did she come back under new name despite being still inadmissible ? If yes, there's the biggest problem. Misrepresentation and lifetime ban, therefore "few more issues" Boiler mentioned .

I agree, she misrepresented herself at entry, thus lied to a officer at the port of entry, which means the waiver wont help. Think about it, she overstayed which shows dishonesty, strike 1, then she sneaks back into the US, strike 2 and now she wants to move here by marriage.... strike 3 she is out! 

[NigeriaorBust 4,087]

  Returning to the US while the bar was in affect causes a bar that doesn't allow a waiver for 10 years if I remember correctly 

[Jawaree 717]

Re-entry after deportation & ban leads to a definate reinstatement of deportation.

and the possibility of re-entry timeup to 20 yrs feds...its the law.

 

There is no waiver for her until she now stays out of the 10 yrs from her next date she

departs the US....no atty can change that. Re-entry is a federal crime