What happes when the 10 year ban is over?

[ictomi]

If someone waits the full 10 years, in there country, what happens after the ban is over?

Will they still have to apply for the waiver?

[slvjvm922000]

Well when we were denied we were told that my hubby has to wait the 10yrs out of the united states. Then we have to refile everything and start all over again they said that we can start after being here 8yrs because by the time everything is filed and he gets a new appointment. They also said that we have to file an I 212 and the I 601 when it is time.

[ictomi]

ok... So they will still have to file the waiver even after the 10 years are up.

[emt103c]

It depends on what the waiver is for.

[Glühbirne]

Okay, I don't have direct experience with this as it pertains to residence. However, I know for a fact that a man who had lived illegaly in the United States but had been back in Mexico for twelve years was able to get an H2-A visa because although he had the ten year bar, he had already satisfied it. He was actually denied on his firt try due to having the ten year bar, but I told him to go back and point out to them that he had already spent over ten years out of the country and he did and they gave him the visa.

NOw some people are eligible to file a waiver after ten years.

It really depends on the individual case. The paper that they give the person after denying them should have the bar they were given checked off.

[monki12]

they way ive understood the bans are that once your 10 years are up you wll be allowed to submit the waiver. So, after the 10 years you start the process over again but this time you will be eligible for the waiver.

[ictomi]

maybe it goes something like this?

If it is an overstay or EWI it may only be a 10 year ban and once the ban is over its over and they can Return with out filing the waiver.

For CIMT its always on the record, I do know that it does not matter when or where the CIMT took place. The same waiver is used for this case, but what about the 10 year ban, if its been served will they still need to file the waiver?

[mymexicanman]

hmmm.... i think as well as the others that u have to refile everything.... which in my oppinion is MAYBE a waste... cause noone knows what will be in 10 years from 2008....

[iagarcia2004]

I think some of you are talking about 2 different bans.

One ban is a lifetime ban and not eligible to file a waiver until 10 years out of country. (this would be for multiple EWI, etc)

The second ban would be just a 10 year ban. (one EWI, etc)

I think that if you just have a 10 year ban (not a lifetime) you do not have to file a waiver.

[Laura]

iagarcia is right. There are two different bans. If a person has a 9(b) ban for illegal presence of more than a year they will not need the waiver after 10 years outside the U.S. If the have a lifetime bar (like slvjm's husband) and is ineligible for the waiver until ten years outside the U.S., then the waiver will still be required after ten years.