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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12291
Experience:  Write FOR JAMES to get my help!
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I am currently living outside the United States, 7 years

Customer Question

Hello, I am currently living outside the United States, 7 years ago, I was denied entry in the us because I was stayed there unlawfully with a student visa but was not enrolled in school. I was banned for 10 years, 7 years have passed. My parents are residents in the us, is it possible for me to get a waiver or apply for a non immigrant visa?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Expert James replied 2 years ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces. Also, if you want me to be your personal immigration Expert,just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert. ANSWER: Yes, it is possible to apply for both. For the Unlawful Presence Waiver, your parents first would have to file a immigrant petition on your behalf. Then you would have to submit the I-601 waiver for approval, based on extreme hardship to your LPR parent. If that is approved, then you can apply for and be issued an immigrant visa once your priority date becomes current. For a non-immigrant visa, you would have to apply for a 212(d)(3) waiver. This is known as the Hranka Waiver for non-immigrant inadmissibility. Here is great information on the Hranka Waiver: http://www.nolo.com/legal-encyclopedia/applying-nonimmigrant-visa-hranka-waiver.html. I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer. I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, this is the ONLY way I get credit for helping you. REMINDER:You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger. Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you. A BONUS is appreciated, if you feel I've earned it. If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category. Thank you!
Expert:  Expert James replied 2 years ago.
Hi again,
I think we are experiencing some technical issues. I received a message that you reviewed my response and have responded. But I cannot see that response above.
Please post it again, so I can continue to help you and we can close this question.
Thank you!
Customer: replied 2 years ago.
Hello how long will this process take and can I apply for this waiver after 7 years have passed?
Expert:  Expert James replied 2 years ago.
Hello again. My apologies for the delay. I was offline when you responded. Keep in mind you responded 2 days later than my last answer to you. Also I'm happy to answer your follow-up question, but I am quite concerned that I answered your original question and you left the site without giving me credit for doing my job. Basically, that means I did a job for you and was not rewarded for it. Please remember that I only get credit for doing my job when you give me a rating. I am sure you agree that if you were working, you would want to know that you get credit for doing a good job. I am no different. So please do not forget to do that. Please answer ALL of the following questions: Can you please confirm that you understand that you must give me a rating in order for me to get credit for doing my job? How old are you? Are you married? What country are you from?