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thank you for answer, it been 4 years already, since i been deported from USA, they told me I can not enter in US 10 years, so I have left 6 more years, do you think I will have chance to get get visa? if yes give me please some tips what should I do or show to them, (I been deported just because my visa was expired, no criminal record at all) thank you very much.
It is possible, but it will not be easy. You would have to file for a B-2 visa which can be found here:
http://travel.state.gov/visa/temp/types/types_1262.html
And you would need a 212(d)(3) waiver which is done on form I-192 which can be found at www.USCIS.gov/forms. You can find more information here:
http://www.ilw.com/articles/2003,0930-labrie.shtm
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Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Hello Mr. Senmartin, is it possible to not to wait 6 more years and try to apply early as possible?
To apply for a non-Immigrant Visa, that is the way which I listed above.
To apply for an immigrant visa (to get Residency), if you apply before your 10 year penalty, you will need TWO waivers. The first is the I-601 to forgive the illegal time you spent in the U.S. To get this waiver you will have to prove that your U.S. Citizen or U.S. Lawful Permanent Resident spouse (it can be a parent as well) will suffer extreme hardship if you are not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because your spouse's hardship probably will need to be more than just economic hardship or emotional separation hardship.
You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.
http://damascus.usembassy.gov/ina212.html
and here is another link:
http://ciudadjuarez.usconsulate.gov/hcis601.html
And here is a link to what extreme hardship is:
http://www.ilw.com/articles/2007,0717-scott.shtm
And the second waiver is found on for I-212:
And that one is used to forgive the Deportation.
If you do not want to have to apply for both those waivers, or if they deny you, then you will have to wait the full 10 years so that you can apply normally without those waivers.
I am truly sorry.