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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7655
Experience:  Experienced in all aspects of immigration and nationality law.
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i was sent home after over staying on my visa. how long should

Customer Question

i was sent home after over staying on my visa. how long should i wait to re apply for a visitors visa
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hi there,

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Were you deported? Or did you take voluntary departure? How long did you overstay? Were you assessed a ban from entry for any amount of time?
Customer: replied 1 year ago.

I am not sure if i was deported. i was travelling with someone who was sentback by deportation. because we were traveling together and she admitted to overstaying i was sent back too. my visa was then cancelled. and i was tols to wait 5 years before reapplying. what are my chances of getting a new visa now 10 years after?


 

Expert:  Expert James replied 1 year ago.
Hi Anna,

Thanks for the additional information. However I need for you to answer all of the questions I asked.

I'm not sure I understand. You were caught overstaying, right? So how long did you overstay? And did you not go before an immigration judge before you were sent home? You were just turned away at the airport?

Customer: replied 1 year ago.

Yes i was caught overstaying. i overstayed 5 months. i did not go before a judge. i was sent back at the US airport.


 


innitially the immigration officer gave me 6 months in the country but after they spoke to the person i was travelling with i was called back and hand printed and processed and sent back on a plane to jamaica., so i am not quite sure what immigration knows.

Expert:  Expert James replied 1 year ago.
Anna,

So you weren't caught overstaying on the last trip, since you were turned away. But they found out that you overstayed in the past. And obviously you did not tell them this. Were you asked if you ever overstayed, but were not honest about it? Perhaps when you applied for the visitor visa?

When was the last time you applied for a visitor visa?
Customer: replied 1 year ago.

The person i was traveling with voluntarily gave the information. however i did not admit to any of it. I have never reapplied for a visa since that

Expert:  Expert James replied 1 year ago.
What I'm looking for is when was the last time you applied for the visa before that trip when you were turned away? They must have known you overstayed somehow. Did the other person say that you overstayed?
Customer: replied 1 year ago.

I applied for visa in 1994 and renewed it in 1999 and was granted a 10 year visa. I traveled on that visa about 7 times on my last trip is when i was sent back because of what the person i was traveling with told immigration.


Yes she told them that i overstayed.

Expert:  Expert James replied 1 year ago.
Anna,

Got it. Thanks for the clarification. I think I have all of the information I require.

Since you were banned from re0entering for 5 years, and it has been more than 5 years, then you are eligible to apply for another visitor visa, and enter the US. It does not appear that you were actually deported, since you did not receive a notice of deportation. So I do not believe you will be required to file form I-212, Application for Permission to Apply for Re-admission to the US After Deportation or Removal. But just to be safe and sure, I would go ahead and prepare that document - preferably with an attorney's assistance - just in case. Sometimes a person can be found to have been deported, even if they did not know they were. And if that is the case, then you would have to submit form I-212 before you are eligible to get another B1/B2 visitor visa.

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Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7655
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and 2 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

"For Longhorn"


What does 212(a)(6)(c)(1) and 212(a)(7)(A)(I)(I) means?


 

Expert:  Expert James replied 1 year ago.
Anna,

QUESTION:

What does 212(a)(6)(c)(1) and 212(a)(7)(A)(I)(I) means?

 

ANSWER:

 

INA 212(a)(6)(c)(1) says that a person who was found to have committed fraud or willful material misrepresentation is inadmisible to the US.

 

INA 212(a)(7)(A)(I)(I) say that any immigrant, at the time of application for admission, who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing idetification card, or other valid entry document required by the UNA, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulation issued by the Attorney General, is inadmissible to the US.

 

When someone has not told the truth, or has not been honest about her immigration past, she is inadmissible under the first one.

 

And usually, if the border patrol believes that a person is trying to enter the US to stay permanently, but she does not use or have an immigrant visa to do so, she is found inadmissible to the US based on the second one.

 

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!

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