5 Year Ban

[msylvia 0]

I was in the US with an "O Visa for the gifted and talented" my employement was terminated. I was under the wrong assumption that I could look for another sponser within the US I stayed in the US for 5 months looking for another sponser . I actually found one and was in they were in the process of submitting my paperwork. I left the US for a wedding in mexico when I tried to reenter at DFW airport I told the truth and was given a 5 year Ban. The immigration official could of given me the option of just returning to mexico but he had it in for me. However, the immigration official supervisor refused to sign off on the document for expidite removal that his subordiate had drawn up and signed. My question is can I contest the ban on a procedural issue such as the supervisor not signing the document? My employer to be did not want to go thru the hassel of the ban so even though I had an offer in hand they withdrew it. This also is an issue as i try to find another employer in the states

any advice will be appreciated.

[blueblue 0]

I was in the US with an "O Visa for the gifted and talented" my employement was terminated. I was under the wrong assumption that I could look for another sponser within the US I stayed in the US for 5 months looking for another sponser . I actually found one and was in they were in the process of submitting my paperwork. I left the US for a wedding in mexico when I tried to reenter at DFW airport I told the truth and was given a 5 year Ban. The immigration official could of given me the option of just returning to mexico but he had it in for me. However, the immigration official supervisor refused to sign off on the document for expidite removal that his subordiate had drawn up and signed. My question is can I contest the ban on a procedural issue such as the supervisor not signing the document? My employer to be did not want to go thru the hassel of the ban so even though I had an offer in hand they withdrew it. This also is an issue as i try to find another employer in the states

any advice will be appreciated.

Your post is confusing. Were you removed or allowed to withdraw your entry? What does the paper say that you were given? I don't think you can contest anything, but you probably can request a non-immigrant waiver for a future entry. Search on 212(d)(3) waiver or form I-192 for more info. Not sure if you also need I-212 if you had ER or if the non-imm waiver works for that too. Perhaps others can add their experience on this.

[emt103c 10]

It's really too bad that the employer rescended the offer. All you would have needed was a d3 nonimmigrant waiver. You would only need an I-212 if you were coming as an immigrant. . .employment would only need the non-immigrant waiver.

Also, there is contradictory info here. . .Expedited Removal MUST be approved by a supervisor. . .you might contact an attorney and see what is up. However, there isn't really much way to appeal an Expedited Removal. . .I read that you could contact the supervisor of the Border Entry to try to get it overturned, but there is no judicial review. If the supervisor really refused to sign off then you might have a chance.

As for the non-immigrant waiver. . .I heard that Dan Green from NY is supposed to be experienced with these. . .not sure, I hear it's his specialty.

[msylvia 0]

It's really too bad that the employer rescended the offer. All you would have needed was a d3 nonimmigrant waiver. You would only need an I-212 if you were coming as an immigrant. . .employment would only need the non-immigrant waiver.

Also, there is contradictory info here. . .Expedited Removal MUST be approved by a supervisor. . .you might contact an attorney and see what is up. However, there isn't really much way to appeal an Expedited Removal. . .I read that you could contact the supervisor of the Border Entry to try to get it overturned, but there is no judicial review. If the supervisor really refused to sign off then you might have a chance.

As for the non-immigrant waiver. . .I heard that Dan Green from NY is supposed to be experienced with these. . .not sure, I hear it's his specialty.

[Boiler 45,965]

A 5 month overstay would not be a ban, but getting a non immigrant visa would be very difficult, if not impossible. And its the only one you could apply for by yourslef.

I doubt if there is anything you can do, without an application in the system it is all moot anyway.

Definitely one for a lawyer, not a diy.

[emt103c 10]

A 5 month overstay would not be a ban, but getting a non immigrant visa would be very difficult, if not impossible. And its the only one you could apply for by yourslef.

I doubt if there is anything you can do, without an application in the system it is all moot anyway.

Definitely one for a lawyer, not a diy.

Actually I've heard just the opposite, that it is much easier to get a NIV waiver based on employment than an immigrant one, because an immigrant waiver is permanent and a NIV one is not. . . .I WOULD want an attorney too though like Boiler said. . .at the very least a consultation.

[Boiler 45,965]

A 5 month overstay would not be a ban, but getting a non immigrant visa would be very difficult, if not impossible. And its the only one you could apply for by yourslef.

I doubt if there is anything you can do, without an application in the system it is all moot anyway.

Definitely one for a lawyer, not a diy.

Actually I've heard just the opposite, that it is much easier to get a NIV waiver based on employment than an immigrant one, because an immigrant waiver is permanent and a NIV one is not. . . .I WOULD want an attorney too though like Boiler said. . .at the very least a consultation.

O Visa is dual intent, so I put it in the Immigrant Category. Arguable.

As opposed to say a B, that he could apply for himslef.

[msylvia 0]

A 5 month overstay would not be a ban, but getting a non immigrant visa would be very difficult, if not impossible. And its the only one you could apply for by yourslef.

I doubt if there is anything you can do, without an application in the system it is all moot anyway.

Definitely one for a lawyer, not a diy.

Actually I've heard just the opposite, that it is much easier to get a NIV waiver based on employment than an immigrant one, because an immigrant waiver is permanent and a NIV one is not. . . .I WOULD want an attorney too though like Boiler said. . .at the very least a consultation.

O Visa is dual intent, so I put it in the Immigrant Category. Arguable.

As opposed to say a B, that he could apply for himslef.

What do you mean by dual intenet and what part is arguable

[Boiler 45,965]

O is like an H or an L in thta you can adjust to PR.

It is not a straight immigrant visa, like a K1 in some respect.