Hope someone can help...

[lilikoi31]

Hello Everybody,
My Immigration Procedure is done, it took 1 year and a half and I could finally go back home.
Now I have still my daughter back in Germany and we dont really know how to start with her immigration.
She was in 1998 for over 1 year illegal in the States, left the country to return to Germany. In 2006 she had another overstay for less than 6 month and was deported. Since than she is in Germany. They have told her that her ban is 3 years. Can she come back after the 3 years is over, or does she has to file the I-212 or even more. Can I file for here also?
I wish you all good luck and thank for your wonderful help.

[slvjvm922000]

welcome and i hope someone comes by quickly to answer ur questions

[emt103c]

It sounds like she will still need the I-212, but that can be filed at any time, if you are sure that there were no other charges with the deportation (and her overstay was under 6 months.) There is no deportation that I know of that only holds a three year ban, it sounds like they might have been counting her overstay as just over six months.

Where did you read that it was a three year ban? What does her paperwork say? Usually it is five for an expedited removal and 10 for a judge removal, though they could have made it longer if they knew about the previous overstay. . .

[lilikoi31]

She was like me on the Visa Waiver Program.In her letter the number 8 CFR 217.4 (C) was written and she was removable under section 237(a)(1)(B) of the act.
How can we find out for how long she has her ban. Does we need a lawyer for this? She was till December 1999 also on a B2 Visa and left the States in June 2000 and came back in August 2006 and the deportation was in January 2007.
Thanks for your help.

[emt103c]

Did she see a judge? and Why was she deported?

So she doesn't have any six month overstays?

[lilikoi31]

no she has not seen a judge. Maybe she was couple days longer than 6 month, we do not know and my lawyer told me she has the 3 year ban.I do not really wanna involve a lawyer again. My was very good and succsessful but also very expensive. But how can we find out how long the ban is and what paper does she must file to enter again.

[emt103c]

Why was she deported?

[lilikoi31]

so I contacted my lawyer and he told me again that my daughter has a 3 year ban. I have no idea why she was deported. And there was no judge. The lawyer also said she will never get in to the states on a visa waiver program. Does it mean that she needs always to go to the embassy to apply for a visa, must pay for it and how long can she stay than.But again, where can I find out the details and reasons for her deportation and how long is really her ban.
Thanks for your help.