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Overstay less than 1yr 09-10; VD in '10 after removal proceeding/NTA issuance. Am I subject to 3 yr bar ahead of IV interview?

90028 |

• Remained in US after Oct 31, '09 without authorization.
• Received NTA Removal Proceeding on Aug 9 2010 to appear in court on Sep 13, 2010.
• On Sep 13, '10 granted voluntary departure by immigration judge.
• Left US on Oct 15, '10 with VD time frame.
• My priority date is approaching & I am likely to have my immigrant visa interview in the near future (petition filed by USC mother).
• Am I likely to be subject to the 3 yr or 10 yr bar? What should I do or can I do to avoid bar (waiver I-601)?
• In my view, unlawful presence < 365 days & also took VD AFTER removal proceeding so shouldn't be subject to 3 yr bar. In case I am subject to bar, I will have been present for greater than 3 yrs outside US since Oct 15, 2010.
• Concrete answers pls: Don't suggest see attorney as I already am

Attorney Answers 4

  1. I won't tell you to seek the advice of an experienced immigration attorney, since you already know that answer. What you should KNOW. Your case is far more complex than it appears on its face. Yes, you are subject to the 3 year bar and yes you better have a boat load of evidence. You know this. However only an attorney can evaluate ALL the facts of your case. There are many other reasons that will cause your case to be denied. Perhaps, you can purchase the latest edition of KURBAN, a wonderful immigration treatise that costs over $400.00. It is not easy to stay on top of a law that has many minefields.

  2. Yes

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  3. This is not a consultation with an attorney.

  4. The 3 year bar does not apply to people who are granted voluntary departure by an Immigration Judge. Also, the three years bar is measured from the date of the physical voluntary departure. So, it appears that there is no 3 or 10 year bar in your case unless there was some prior overstay issue. The appropriate thing to do it to ensure the consular officer has all the documentation to establish the relevant dates.

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