lopay
12-26-2007, 06:31 PM
she said it sounded like my stepdaughter had a 10 year ban instead of a 5? I'm confused. I know the law says that a person who leaves the US with an outstanding order of removal has a 10 year bar. So why has CDJ, the senator's office, NVC, EVERYONE i've been talking to say that it was a 5 year ban. Why does the I-212 say within 5 years of the removal, if in fact it's 10? Maybe it's because her removal was executed at the port while she was in Mexico?
lopay: She doesn't have a ten year bar, she just had a removal. there was no illegal time here because she was under 18 when everything on her record happened. I've been to CDJ twice about her and they have never said she had a ten year bar, just a five.
Laurel: I think we talked about this before. While a child under 18 does not accrue unlawful presence toward the 3/10 year bars, there is no such exception carved out for deportations that occur before age 18. A child under age 18 who is ordered deported is banned for 10 years. An expedited removal is five years (except for VWP where its 10), rather than 10, but what you described does not sound like an expedited removal. An expedited removal with 5-year bar would occur within 100 miles of the border. You probably wouldn't appear before a judge.
lopay: She doesn't have a ten year bar, she just had a removal. there was no illegal time here because she was under 18 when everything on her record happened. I've been to CDJ twice about her and they have never said she had a ten year bar, just a five.
Laurel: I think we talked about this before. While a child under 18 does not accrue unlawful presence toward the 3/10 year bars, there is no such exception carved out for deportations that occur before age 18. A child under age 18 who is ordered deported is banned for 10 years. An expedited removal is five years (except for VWP where its 10), rather than 10, but what you described does not sound like an expedited removal. An expedited removal with 5-year bar would occur within 100 miles of the border. You probably wouldn't appear before a judge.