question about bans

[teacherlynn]

Hello everyone!

My husband has been in Albania for a year now and just had his interview. They requested some additional paperwork and then after reviewing that told him he needed to file a waiver. I'm just trying to paint myself a realistice picture about the bans. I know there is a 3 year, a 10 year, and a lifetime. I've looked it up before but don't remember where I have found this information. I'm just trying to figure out how long his bar is so I can plan on the worst. We are filing a waiver but that doesn't mean it will be approved. If anyone knows the information for the bans or where to find it I would greatly appreciate it! Thanks in advance.

[Laura]

It depends what his inadmissibility is. Was he unlawfully present for more than a year before departing? Was he deported? Does he have a criminal record?

[emt103c]

Go to the USCIS website, Laws and Regs, Immigration and Nationality Act and then INA 212. . .you can look at each section for the bans.

Misrepresentation gets a permanent ban with a waiver
Overstay of 6 months-364 days gets 3 year ban (from your other post this is your husband's overstay)
Overstay of 365 days or more gets 10 yr ban
Multiple entries post deportation or overstay gets tricky. . .

[teacherlynn]

He has no criminal record here or in Albania. He was only here illegally less than a year according to the Albanian embassy (from the time he came to the time he filed for asylum). He entered with a fake Albanian passport that had a visa and was deported. I don't know if it makes a difference but he wasn't picked up. He was given a date by which to leave and left on time at his own expense (under an order of supervision, not VD).