When does the 10 year ban apply?

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When does the 10 year ban apply?

I lived in the U.S. illegally for about 10 years, was 10 years old and entered with a waiver visa. I got married 2 years ago to a U.S. citizen and we are expecting a baby (6 months). We were going to do the paperwork but it was just too much for us and all. I was very hormonal and decided to go to Argentina (my home country) to visit my family who I haven’t seen in 10 years. Now we are wondering if the 10 year ban applies to me because I was a minor when entered the U.S. And can I flight back to the U.S. so I can be with my husband before my baby is born. Is it possible for me to go back to the U.S. before December 18th?

Asked on October 22, 2012 under Immigration Law, Virginia

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

Hello. The ban will likely apply since you did not leave prior to your 18th birthdy. You began to accure unlawful presense after 18 and staying 2 more years. You will need to file a marriage petition for consulate processing and then apply for a Waiver of Inadmissiblity because of your 10 year stay. In addition, once you violate the visa waiver, you cannot use it again. Let me know if you would like any further assistance. [email protected]


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