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Overstayed and left on voluntary departure Am I banned for certain years to re enter?

Costa Mesa, CA |

My I 20 has expired on December 23, 2009 and I did not apply for OPT and I supposed to leave on Feb 23. 2010 the latest.
I purchased a ticket to leave on June 10, 2010 and on May 18, I left from California on a car to Miami to visit that part of the USA before I left.
I was detained in El Paso. I was kept in El Paso detention center until July 12 2010 and left in Voluntary departure.

Even I asked many times they did not give me any paperwork.

Recently I have applied for non imigrant visa to visit USA. I was denided and reasons were
1. I have a family based green card application which was applid on August 2006 by my mom.
2. It is still too eary for me to go back to USA since what happened in El Paso.
3. Because of my green card application and over stay issue they are afraid I wll stay in USA and not come back.

My wife was with me (who is an American citizen), she said I could apply for a green card for him and he can still go to USA and the officer said yes you can apply and within 3 to 4 months you may get an interview and so on.

I was wondering since I can not access to my records, Am I banned to re enter for certain years or this officer just does not want to take the risk to give me a visa?

I do not want to get a green card but if I can not get a visa then my wife will apply for green card but I do not want to apply if I am banned for certain years.

Thanks in advance.



Attorney Answers 1


Yes, your tourist visa application appeared to be denied because you had "immigrant intent" because there is a pending green card application filed on your behalf. In order to get a tourist visa you would need to show plenty of evidence that you intend to depart the US before the 90 days of your visa is up.

It seems like you didn't accrue enough unlawful presence to trigger a three-year ban based on the dates you've given. I believe it would be fine for your US citizen spouse to apply for your green card for you now based on the information you've given, but since you don't seem to want a green card, you should contact an immigration attorney who can give you more guidance about what you should do next. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

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