Asylum denied and to be deported

**dreamer** · 12-09-2009, 06:07 AM

If someone is denied asylum and is to be deported, does that mean he will be automaticall banned for 10 years?

The person in question entered US with a valid visa and applied for asylum without overstaying. But his asylum claim is rejected and he will soon be deported. But he has chosen to be deported voluntarily.

He has a daughter who is a US citizen and she is 13 years old. I understand that his daughter can apply for him to be immigrated when she is 21 years old. As his asylum application failed, does that mean his daughter can not help him when she is 21. Will he be banned?

Thanks and please help

**cupcake** · 12-09-2009, 06:21 AM

It may depend on how the judge ruled the on the asylum claim. If it is found to be a frivolous claim, he will most likely never be able to return to the US.

How did he originally enter the US?

**dreamer** · 12-09-2009, 06:29 AM

Originally Posted by cupcake

It may depend on how the judge ruled the on the asylum claim. If it is found to be a frivolous claim, he will most likely never be able to return to the US.

How did he originally enter the US?

He entered with a visa through the airport. He applied for asylum after 3 months during which he was in a valid status.

**cupcake** · 12-09-2009, 06:36 AM

How did the judge rule on his asylum case?

Does this person have an attorney?

I imagine it may be difficult for a person to enter the US after a denied asylum case, but I do not know if it is impossible. I don't know what types of bans he would receive either, if any. We will have to see if someone else has better information.

The problem is if he needs a waiver because he receives bans that are permanent, his child does not count as a qualifying relative to file a waiver (at least not that I know).

**momof1** · 12-09-2009, 07:05 AM

As long as the person's claim was made in good faith(ie not frivolous) and did not work illegally, there is no accrual of unlawful presence during the asylum proceedings....therefore no 10 yr ban. However, if the person is deported they will have a ban for the removal at government expense. This would be waived with a 212 waiver which requires no extreme hardship finding. This would not be needed if they are granted voluntary departure by the judge.

My only other questions are was the visa obtained legitimately or fraudulently? Does he have any criminal record?

**dreamer** · 12-09-2009, 07:23 AM

Originally Posted by momof1

As long as the person's claim was made in good faith(ie not frivolous) and did not work illegally, there is no accrual of unlawful presence during the asylum proceedings....therefore no 10 yr ban. However, if the person is deported they will have a ban for the removal at government expense. This would be waived with a 212 waiver which requires no extreme hardship finding. This would not be needed if they are granted voluntary departure by the judge.

My only other questions are was the visa obtained legitimately or fraudulently? Does he have any criminal record?

The visa is legitmate B1 tourist visa. He followed the proper affrimative asylum procedure and filed his asylum accordingly. There was no fraudulent paper involved throughout the process until the judge decided that "his case is not convincing and he can not be granted an asylum". The judge as allowed the person to leave volunatrily. Will that still impose any ban?

**momof1** · 12-09-2009, 07:27 AM

Originally Posted by dreamer

The visa is legitmate B1 tourist visa. He followed the proper affrimative asylum procedure and filed his asylum accordingly. There was no fraudulent paper involved throughout the process until the judge decided that "his case is not convincing and he can not be granted an asylum". The judge as allowed the person to leave volunatrily. Will that still impose any ban?

As far as I see it, NO. At least invest in a consultation with one of the recommeded immigration lawyers on this site to make sure. It will be the best couple hundred dollars that he can spend.

**rbruin** · 06-27-2010, 04:56 AM

Originally Posted by dreamer

The judge as allowed the person to leave volunatrily. Will that still impose any ban?

When my wife was in a similar situation, our lawyer explained that voluntary departure assumes 3 years ban. Unfortunately, my wife was not offered that and got a 10 year ban instead.

**cupcake** · 06-27-2010, 05:04 AM

A 3 year ban for what?

I'm not sure if this is different for removal after a denied asylum claim, but usually if a person is granted VD and they follow the VD conditions, this person would not receive a ban, at least not for being removed.

If a person is deported usually they will have a 5 year ban that can be waived with an I-212 if the applicant is seeking re-entry before the 5 years has passed (usually for seeking entry as an immigrant).

**rbruin** · 06-27-2010, 05:17 AM

Originally Posted by cupcake

A 3 year ban for what?

This is what our lawyer told us at the time.

If a person is deported usually they will have a 5 year ban that can be waived with an I-212 if the applicant is seeking re-entry before the 5 years has passed (usually for seeking entry as an immigrant).

My wife got "lucky" then. She has a 10-year ban. A different lawyer I consulted told me that since she had not shown up at the INS office on the day she was ordered (we bought a ticket ourselves to avoid spending time in jail), 3 years are added to her 10-year ban.