10 Year Ban

Asked over 1 year ago - Sacramento, CA

I was brought to the US illegally when I was 13 y/o and left when I turned 18 after I graduated from high school. I turned 18 in march and left in july of the same year of graduation. How can I provide proof that I left in july if I left by land throuhg Mexico. I went to college in another country but I started it in september a year after I left the US. Could I file for a visa or am I forbidden from entering the US?

Attorney answers (2)

  1. Samuel Patrick Ouya Maina

    Contributor Level 19

    1

    Best Answer
    chosen by asker

    Answered . From what you say you do not appear to be subject to an unlawful presence ban. Unlawful presence does not apply to time spent in the US BEFORE you turn 18. If you turned 18 in march and left July of the same year you would have about at most 5 months of unlawful presence. The bar kicks in once you reach 180 days, so you are ok on that front. Your challenge is to PROVE that you left when you claim that you did. Are there no records such as medical or other that would place you out of the US before you began college the following year?

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  2. Dean P Murray

    Contributor Level 18

    Answered . When did you enter the US while you were 13 years old? When did you leave the US through Mexico? You are probably subject to a 10 year bar if you were unlawfully present in the U.S. for more than a year, which it seems you were. You would therefore need a waiver if you wanted to enter prior to the expiration of the 10 years. You owe it to yourself to contact an immigration lawyer, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more

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