I have a 10 year ban from United States and want to go back
I overstayed in the States by 1001 days on the visa waiver program. I was immature at the time and I was about to marry my girlfriend who is a US citizen. Unfortunately my ex wife abandoned our disabled son and I had to return home to home and be a dad. My girlfriend and I stayed together, and we were just going to ride out the 10 years, we are still very much in love with each other. She's unable to visit Australia due to her situation and having a young child and I have the ban in place.
My question is, is there anything I can do to get back into the states for a 2 week visit, I miss my girlfriend a lot. I also have a dependant but he wouldn't be travelling with me.
Is there any chance of that happening?
Best Answer
You could try to apply for a B2 visitor visa, and if you were denied only due to the ban, and not due to immigrant intent, and if the visa officer recommends a waiver, you can apply for a nonimmigrant waiver for the ban. Unfortunately, you are very likely to be denied for immigrant intent (for which there is no waiver), both due to your past overstay, and due to you having a US citizen girlfriend living in the US whom you want to marry.
If you and your girlfriend want to marry and have you immigrate to the US, there are two options. If she can leave the US and you guys can meet up (doesn't matter if it's Australia or a third country), you guys can get married and then she can petition you and your child to immigrate. You would need to get an waiver to be able to immigrate before the ban is over; and an immigrant waiver for this ban would require you to show that your US citizen spouse would suffer "extreme hardship" if you can't be in the US.
Alternately, she could petition you for the K1 fiance visa; that way, you can get the K1 visa, and then marry in the US, and then apply for Adjustment of Status in the US. Getting the K1 would also require an immigrant waiver, which again would require you to show that your fiance would suffer "extreme hardship" if you can't be in the US. However, K1 requires that you and your fiance have met each other in person at least once in the 2 years before she petitions you, and it sounds like you guys don't meet that requirement as you left the US 2 years ago.
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Can I return to the US after a 10 year ban?
Which Deportees Face a Ten-Year Ban. If an IJ issued a removal order at the conclusion of your removal hearing in Immigration Court, you may not return to the United States for ten years after your removal or departure.Can a 10 year ban be lifted?
Yes, this may apply to you even if you are married to a U.S. citizen. If the immigrant is married to a U.S. citizen or lawful permanent resident, or has a U.S. citizen or LPR parent, a WAIVER MAY BE AVAILABLE for 3 & 10 year bars but not for the permanent bar.Can the 10 year ban be waived?
Waivers of the 3- or 10-year unlawful presence bars are available only to people who can show that certain members of their family would suffer \u201cextreme hardship\u201d should they be separated.Can you come back to the US after being deported?
Following deportation, a foreign national would need to file Form I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal. This lets you ask USCIS for permission to submit an application to re-enter the United States.FAQ Permanent Bar I've Served my 10 Years Outside the US How Can I Come Back
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