Is there any way to remove a10 year ban without an I-601?

I was taken to the US at the age of 7 and brought back to Brazil at 19. I tried to get a visitor’s visa after a year of having been here, to visit my friends back home. Is there any way I could get the ban lifted? I have no spouse or family members in the US.

Asked on October 12, 2011 under Immigration Law, New Mexico


SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, unfortunately, if you were going to go back to Brazil, you should have done so before you turned 18 as that way you would not have accrued any unlawful time in the US (unlawful presence time does not count for minors under the age of 18).  As it stands, if you left the US after you were 19, then you are barred from reentry to the US for a period of 10 years unless you can get a waiver of that bar on the basis of showing extreme hardship to a US citizen spouse, which you cannot since you don't have a US citizen spouse.  It is unfortunately for your situation but really I think it would have been wiser to understand all the options and issues before you left the US and not start thinking of them after it is too late.

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