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DAP Forums > DREAM Act > The News Room

Father of 5, denied re-entry during immigration interview - Page 3

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#21
08-01-2017, 11:49 AM
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Quote:
Originally Posted by JohannBernoulli1667 View Post
So what is the reasoning? That he lied on the application?

Don't most applications ask you for your last entry into the U.S?
Permanent ban. Entered in 1998, stayed illegally for more than 1 year, left, illegally re-entered.

Only way around it if he's outside US is to wait 10 years and then apply for a waiver. That's the only way, waiver for 9C ban requires you to stay out for 10 continuous years.

If he was still in US then Cancellation of Removal is a way around the permanent ban. As is the man is screwed.
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#22
08-01-2017, 11:57 AM
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Quote:
Originally Posted by Demise View Post
Permanent ban. Entered in 1998, stayed illegally for more than 1 year, left, illegally re-entered.

Only way around it if he's outside US is to wait 10 years and then apply for a waiver. That's the only way, waiver for 9C ban requires you to stay out for 10 continuous years.

If he was still in US then Cancellation of Removal is a way around the permanent ban. As is the man is screwed.

I have to yet figure out if this applies to me or not.

Same case, stayed more than 180 days, left and came back under the same visa, but arrived inspected both times. I think we talked about, I was also a minor.

But I came back inspected but without receiving a waiver...
So I am elegible for AOS based on inspectioned but not sure if I have inadmissibility.

The other question is I came with my parents and so idk if they are also in risk.

My concern is that, even though unlawful presence does not apply for 10 year ban as a minor, but permanent ban does so I am still in the dark on this.
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Last edited by JohannBernoulli1667; 08-01-2017 at 12:02 PM..
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#23
08-01-2017, 02:19 PM
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Quote:
Originally Posted by Demise View Post
Permanent ban. Entered in 1998, stayed illegally for more than 1 year, left, illegally re-entered.

Only way around it if he's outside US is to wait 10 years and then apply for a waiver. That's the only way, waiver for 9C ban requires you to stay out for 10 continuous years.

If he was still in US then Cancellation of Removal is a way around the permanent ban. As is the man is screwed.
So how is that a Permanent ban if all has to do is wait 10 years and he can re-enter?Wouldn't it be a 10 year ban?

Permanent ban means you can never enter no matter what.
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#24
08-01-2017, 02:33 PM
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Quote:
Originally Posted by JohannBernoulli1667 View Post
I have to yet figure out if this applies to me or not.

Same case, stayed more than 180 days, left and came back under the same visa, but arrived inspected both times. I think we talked about, I was also a minor.

But I came back inspected but without receiving a waiver...
So I am elegible for AOS based on inspectioned but not sure if I have inadmissibility.

The other question is I came with my parents and so idk if they are also in risk.

My concern is that, even though unlawful presence does not apply for 10 year ban as a minor, but permanent ban does so I am still in the dark on this.
No it doesn't apply.

Period of illegal presence has to be at least 1 year in aggregate, and you have to enter without inspection. Re-entry that's with inspection even if it shouldn't happen won't trigger the permanent ban.

Quote:
Originally Posted by BeeHive View Post
So how is that a Permanent ban if all has to do is wait 10 years and he can re-enter?Wouldn't it be a 10 year ban?

Permanent ban means you can never enter no matter what.
It's permanent in the way that it doesn't ever expire on its own. Unlike lets say the 10 year ban that you can technically wait out.

There's also the additional limitation that you are ineligible for a waiver for 10 years after departure. The waiver itself doesn't have any statutory requirements meaning that you could get it approved by sending an I-212 with nothing to back it up with.

It's like saying that the 10 year ban is no ban at all because you can waive it without waiting.
Last edited by Demise; 08-01-2017 at 02:40 PM..
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#25
08-01-2017, 06:17 PM
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Quote:
Originally Posted by Demise View Post
No it doesn't apply.

Period of illegal presence has to be at least 1 year in aggregate, and you have to enter without inspection. Re-entry that's with inspection even if it shouldn't happen won't trigger the permanent ban.



It's permanent in the way that it doesn't ever expire on its own. Unlike lets say the 10 year ban that you can technically wait out.

There's also the additional limitation that you are ineligible for a waiver for 10 years after departure. The waiver itself doesn't have any statutory requirements meaning that you could get it approved by sending an I-212 with nothing to back it up with.

It's like saying that the 10 year ban is no ban at all because you can waive it without waiting.
Understood. Thanks for the explanation.
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