Waiver

Returning to the US visa-free after previously living there for 7 years - issues with immigration?

Returning to the US visa-free after previously living there for 7 years - issues with immigration?
  1. What is the 10 year immigration law?
  2. Is there a waiver for 212 A )( 7 )( A )( i )( I?
  3. Can my US visa overstay be forgiven?
  4. Can I reenter the US after overstaying?
  5. How can you avoid deportation?
  6. What is the 3 10 year bar?
  7. What does waiver of grounds of inadmissibility mean?
  8. How do I apply for a 212 K waiver?
  9. Is there a waiver for violation of 212 A )( 6 )( C )( i?
  10. How does the US know if you overstay your visa?
  11. Can you marry someone to keep them from getting deported?
  12. How does immigration know when you leave the US?

What is the 10 year immigration law?

It is available to certain nonpermanent residents who are in removal proceedings before an immigration judge, if the nonpermanent resident alien has been in the U.S. continuously for the last ten years (10 year law), is of good moral character, and can establish that his or her removal would subject a lawful permanent ...

Is there a waiver for 212 A )( 7 )( A )( i )( I?

There is no nonimmigrant waiver for 212(a)(7)(A).

Can my US visa overstay be forgiven?

There is no waiver or forgiveness for this. But if you did, in fact, file for a change or extension of status before the departure date, and that is eventually granted, none of your overstay will count against you.

Can I reenter the US after overstaying?

If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years. This is one of the many U.S. grounds of inadmissibility. However, if you overstayed for less than 180 days, leaving the U.S. will not trigger any bars to reentry.

How can you avoid deportation?

You must meet certain requirements:

  1. you must have been physically present in the U.S. for 10 years;
  2. you must have good moral character during that time.
  3. you must show "exceptional and extremely unusual" hardship to your U.S. citizen or lawful permanent resident spouse, parent or child if you were to be deported.

What is the 3 10 year bar?

Known as “the 3/10-year bar,” this provision bars from re-entry those who have accumulated more than six months of illegal presence. Illegal aliens with six to 12 months of unlawful presence are barred for three years; those here for more than a year illegally are barred for 10 years.

What does waiver of grounds of inadmissibility mean?

A waiver means that you ask the U.S. government to overlook or forgive the ground of inadmissibility and grant the green card or other benefit despite it. Section 212 of the Immigration and Nationality Act (I.N.A.) states which grounds of inadmissibility allow for people to make waiver applications.

How do I apply for a 212 K waiver?

The waiver can be filed at the port of entry or with the judge. An Immigration judge can adjudicate the waiver in removal proceedings. No special form is necessary to submit this waiver and there is no fee for this waiver. It is recommended that an applicant uses I601 Form to submit the waiver.

Is there a waiver for violation of 212 A )( 6 )( C )( i?

While there is a limited circumstance-specific waiver available for section 212(a)(6)(C)(ii) inadmissibility, the section 212(i) waiver only applies to inadmissibility for fraud or misrepresentation of a material fact under section 212(a)(6)(C)(i).

How does the US know if you overstay your visa?

How Long Was Your Visa Overstayed? If you check your Form I-94 Arrival/Departure Record, you will be able to see the date when you're expected to leave the United State. However, don't confuse it with the date you have on your visa.

Can you marry someone to keep them from getting deported?

The short answer is no. Marriage alone won't stop deportation or prevent you from being deported in the future. But, marriage to a US citizen can make it easier to establish your legal status in the United States.

How does immigration know when you leave the US?

4 Answers. Yes, they almost certainly do know you've left. The US processes passport details for all air passengers through a system called APIS, and ties that to the electronic I-94 (arrival and departure record). You can check your US arrival and departure history online.

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