How do I get around this ban?

Jamaica Gleaner - - IMMIGRATION CORNER -

Dear Mrs Walker-Hunt­ing­ton, F I get a 10-year ban from the United States (US), is it pos­si­ble to start the process for a waiver be­fore the 10 years are up?


Dear CA, The an­swer would de­pend on your im­mi­gra­tion sta­tus when you were banned from the States, i.e., whether you were a per­ma­nent res­i­dent; in the US un­doc­u­mented; left and were try­ing to re­turn; or if you were a non-im­mi­grant and re­ceived the ban. It also depends on whether you are try­ing to re­turn as an im­mi­grant or a non-im­mi­grant.

If you were a per­ma­nent res­i­dent and were re­moved from the US, it would de­pend on what the rea­sons were for your de­por­ta­tion be­cause the same rea­sons that caused your de­por­ta­tion also make you in­ad­mis­si­ble to Amer­ica. As a result, al­though your re­moval doc­u­ments may say that you are banned for 10 years, when you ap­ply to re­turn, there may not be a waiver avail­able for you that would even ap­ply that could waive your in­ad­mis­si­bil­ity.

If you were in the US and ei­ther en­tered fraud­u­lently or legally and stayed for a year or more and left the coun­try, once you leave, you trig­ger a manda­tory 10-year ban from re­turn­ing. If you are try­ing to re­turn as an im­mi­grant, you would have to ap­ply for a waiver af­ter you were de­nied your im­mi­grant visa and your qual­i­fy­ing rel­a­tive would have to demon­strate ex­treme hard­ship.

As a non-im­mi­grant who is de­nied en­try at a US bor­der and told that you are banned for 10 years, or if a waiver is oth­er­wise avail­able to you as an in­tend­ing im­mi­grant, and de­pend­ing on the rea­son for your in­ad­mis­si­bil­ity, you may be able to ad­di­tion­ally file an Ap­pli­ca­tion for Per­mis­sion to Reap­ply for Ad­mis­sion to the United States Af­ter De­por­ta­tion or Re­moval. Al­most any­one who is in­ad­mis­si­ble to the US can ap­ply for a non-im­mi­grant visa ac­com­pa­nied by a non­im­mi­grant waiver.

Waivers are highly com­pli­cated and re­quire an in-depth knowl­edge of the par­tic­u­lar cir­cum­stances be­fore an im­mi­gra­tion at­tor­ney can ad­vise a client on the mat­ter.

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