10 year ban?

[Eric-Pris 1,607]

I have a friend who wants to marry a girl from another country but she thinks that she has a 10 year ban.  She overstayed a tourist when she was younger.  How would they know if the band is still in effect?

 

If they married, and filed, at what step in the process would they be denied or would the ban come into effect?

 

Thanks

[Hypnos 6,576]

If she is barred they would tell her at the immigrant visa interview.

 

If she departed the US before turning 18 then she has no bar. Or at least, not from that.

[milimelo 4,500]

Have him go back to the girl and ask:

visa issued when

entered country date

allowed time in I-94

stayed until date

returned to her country when

 

 

[Eric-Pris 1,607]

She was in her 20's and she stayed in the US for "a few years" then went back.

[Eric-Pris 1,607]

Also, what happens if the ban is in effect when they get to the embassy, but is over in a few months, would they get denied and have to start over or would the embassy hold the petition until the band expires?

 

 

[Redheadguy03 505]

25 minutes ago, Eric-Pris said:

Also, what happens if the ban is in effect when they get to the embassy, but is over in a few months, would they get denied and have to start over or would the embassy hold the petition until the band expires?

 

 

If it was in effect you'd get denied. No they won't hold the petition. It would eventually expire. Although, if the ban ends soon you might be ok. 

Edited January 23, 2018 by Redheadguy03

[pushbrk 12,975]

1 hour ago, Eric-Pris said:

Also, what happens if the ban is in effect when they get to the embassy, but is over in a few months, would they get denied and have to start over or would the embassy hold the petition until the band expires?

 

 

Get the actual information for actual answers.  How long did she overstay?  When did she leave?  She has a ban if her circumstances warrant a ban.  What ARE the exact circumstances?

 

For example, if she overstayed in her 20s and she's now in her 40s, any ban would have passed already.  The length of the ban is going to be 10 years, if she stayed several years, so the key information is the date of her departure.

Edited January 23, 2018 by pushbrk

[Eric-Pris 1,607]

Ok, here are the dates.  She doesn't remember the exact dates only the month and year.  She doesn't have her passport handy.

 

Arrived March 1999

Left July 2008

 

So her 10 year ban should be over in July 2018?  Does the ban begin and end on the day that she left the US?

 

Thanks.

 

[Khallaf 650]

3 hours ago, Eric-Pris said:

Ok, here are the dates.  She doesn't remember the exact dates only the month and year.  She doesn't have her passport handy.

 

Arrived March 1999

Left July 2008

 

So her 10 year ban should be over in July 2018?  Does the ban begin and end on the day that she left the US?

 

Thanks.

 

The ten-year bar to re-entry into the U.S. applies to individuals unlawfully present in the U.S. for an cumulative period of one year or more who depart voluntarily Unlawful presence begins to accumulate when the period of authorized stay elapses or after an entry to the U.S. without inspection.

[Khallaf 650]

3 hours ago, Eric-Pris said:

Ok, here are the dates.  She doesn't remember the exact dates only the month and year.  She doesn't have her passport handy.

 

Arrived March 1999

Left July 2008

 

So her 10 year ban should be over in July 2018?  Does the ban begin and end on the day that she left the US?

 

Thanks.

 

Are Waivers of the Three- and Ten-year Bars Available?

A waiver of the three- or ten-year bar is available, if the visa applicant is the spouse or child of a U.S. citizen or the spouse or child of an LPR and only if the visa applicant can prove that the bar would result in “extreme hardship” to the applicant’s citizen or permanent resident spouse or parent. Hardship to the immigrant is not a factor, and hardship to the immigrant’s children is not a factor (even if the children are U.S. citizens).

[Khallaf 650]

3 hours ago, Eric-Pris said:

Ok, here are the dates.  She doesn't remember the exact dates only the month and year.  She doesn't have her passport handy.

 

Arrived March 1999

Left July 2008

 

So her 10 year ban should be over in July 2018?  Does the ban begin and end on the day that she left the US?

 

Thanks.

 

The I-130 are taking at least 12-14 months to complete, if they want to get married it is best to visit her in her country Marry there after meeting and file I-130  by then the ban might be over

[Hypnos 6,576]

The bar would be over faster than a waiver could be approved, if she left in July 2008. It will take at least six months for the process, and likely double that. 

[nightingalejules 678]

6 hours ago, Eric-Pris said:

 

So her 10 year ban should be over in July 2018?  Does the ban begin and end on the day that she left the US?

 

Yes, with those dates, her ban should be over this July. Which means that, even if they marry overseas today, her ban will have expired before the petition gets as far as the interview.

 

[dlsmal01 222]

18 hours ago, Eric-Pris said:

I have a friend who wants to marry a girl from another country but she thinks that she has a 10 year ban.  She overstayed a tourist when she was younger.  How would they know if the band is still in effect?

 

If they married, and filed, at what step in the process would they be denied or would the ban come into effect?

 

Thanks

She or he can fill out a form here https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form 

 

select FIOA online.   or if she has papers saying she over stayed then these will just be copies of what the government has on her record.

 

The FIOA would have the information of if she was deported and what date.   She will need to fill out a release form in english and sign it, but all can be sent electronically usually takes a week to get reply and up to 8 weeks to get information, all done electronically (e-mail).

 

 

Edited January 23, 2018 by dlsmal01

[pushbrk 12,975]

1 hour ago, nightingalejules said:

Yes, with those dates, her ban should be over this July. Which means that, even if they marry overseas today, her ban will have expired before the petition gets as far as the interview.

 

Correct, because the bar/ban begins the day she voluntarily left the USA, or the day she left during deportation.  It really doesn't matter which, except how you answer a couple questions on the petition forms.