Most likely you are not eligible to be able to file for a waiver. Someone who came without inspection or overstayed the expiration date on their I-94 can become Unlawfully Present. Someone who has more than a year of Unlawful Presence, leaves the US and then reenters or attempts to reenter the US without inspection will make themselves subject to a permanent bar under INA 212(a)(9)(C).
It is a bit more complicated than that, so I can't say for sure that you are permanently barred without getting additional information from you, but it sounds like you might be.
Consult with an immigration attorney to make sure.
Siskind Susser Law Firm
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You are probably ineligible.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Probably not. It seems that you are not under the 3 or 10 year bars, but the "permanent" bar. The new policy does not apply to those under the permanent bar.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
I agrree with the other comments. An experienced immigration attorney will require more specific information in order to help you. It sounds like you might be subject to the permanent bar but more information is needed to confirm.
Law Offices of Sean Lewis, PLLC.
Immigration & Criminal Defense Attorneys
144 Second Avenue North, Suite 150
Nashville, TN 37201