Asylum denied and to be deported

[Coventrated]

He can forget about future visitor visits.

Bans depend on details.

Which Country is he from.

[cupcake]

This is what our lawyer told us at the time.

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.

Do you know what your ban is according to INA 212?

That seems like an unfortunate situation.

[rbruin]

She is from Bolivia. I will check on the details of the ban. The IJ found her evidence non credible and ordered deportation. The BIA agreed with the deportation with the exception of credibility findings, which is good according to our lawyer at the time.

[momof1]

Rbruin, the ban is dependent on the amount of time spent unlawfully in the United states NOT if they left willingly or with deportation. If you spend more than 180 days but less than 365 unlawfully present in the US a 3 year bar would be triggered upon departure from the United States. If you spend more than 365 days unlawfully present in the US then a 10 year bar is triggered upon your departure from the US. This is the same if you leave on your own or if you are deported. Deportation incurs a completely different ban. Expedited Removals come with a 5 year bar while Deportation comes with a 10 year bar. Both can be waived in most situations.

If someone fails to show up at a removal hearing they may receive a 5 year nonwaiveable bar for being a deportation absconder. No other waivers can be filed until this mandatory 5 year bar is served. Not every consulate applies this part of the law though.

I want to add that with asylum applicants, the calculation of unlawful presence can be tricky. There are all sorts of exceptions. Once a valid asylum application is filed the clock stops ticking as long as the person did not work without authorization and the claim was bona fide.

The BIA reversal of the adverse credibility finding will help you at the consulate if you intend to apply for waivers. In our situation, neither the BIA nor the 8th circuit reversed the credibility findings. Eventually our waivers for fraudulent entry, visa overstay, and deportation were approved despite the IJ's credibility rulings. I wish you lots of luck. It's a very long and difficult process.

[rbruin]

Do you know what your ban is according to INA 212?
That seems like an unfortunate situation.

This is what the "Notice to Appear" says:

You have been admitted to the United States, but are deportable for the reasons stated below.
...................
...................
You remained in the United States beyond [date] without authorization form the INS.



On the basis of the foregoing, it is charged that you are subject to removal from the United States pursuant to the following provision(s) of law:
Section 237 (a) (1) (B) of the Immigration and Nationality Act (Act), as amended, in that after admission as a nonimmigrant under Section 101 (a) (15) of the Act, you have remained in the United States for a time longer than permitted.

[rbruin]

Finally, we received a latter (form I-166) from a local ICE office inviting to show up "completely ready for removal" and explaining the baggage allowance rules.

Attached was a form I-294 "Warning to Alien Ordered Removed or Deported" that stated that:

In accordance with the provisions of section 212(a)(9) of the Immigration and Nationality Act (Act), you are prohibited from entering, attempting to enter, of being in the United States:

For a period of 10 years from the date of your departure from the United States because you have been found:

deportable under section 241 of the Act and ordered removed from the United States by an immigration judge in proceedings under section 240 of the Act.

[Habib Haresh]

I found a site that has some good info on asylum matters. Hopefully this will help:
http://shusterman.com/asylumusimmigration.html

[Speedy G]

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

I am confused, if he has a USC that's 13 years old how did that happen, Was the child born in the States? Was he in the States for over 10 years? I didn't know that they had a 10+ visa or was the visa renewed every so many years? Please explain this to me i have no idea or knowledge of things like this and I am curious. Thanks SG

[Coventrated]

You need a different Lawyer.

[Pinkpig]

I am closing this thread. It is very old and it seems there is no way to extrapolate useful information here.

Speedy G please post questions in a new thread.