never out of status... do I need a waiver anyways?

[JK1988 0]

Good afternoon to all of you!! okay so this is what happend to me... I was taken to the U.S as a minor and I was ''ilegal'' until I was 17 when mymom petition for me.....

For what I hear when your a minor time as an ilegal doesnt count because your not there under your own will, is this correct?........ Before I was 18 I was under paper work to get my Green card but it was denied on the immigration interview with my mom. What immigration did was that they sent me to an immigration facility until they had a spot on the plain to sent me back to Spain.... if I'm not mistaken when your under paperwork your not ilegal because your on the process of becoming a legal member of the U.S right??

and when your in custody of immigration then that doesnt count as ilegal either because their holding you until they feel like letting you go right??... So that means I had no ilegal precense in the U.S....

Okay immigration sent me home after 3 months of being in the immigration facility....They say thay could let me stay in the U.S because I didnt have a status, I wasnt a recident or ilegal... they had to send me home.. I could try to fight or just apply for voluntary departure which I did...

to make the long story short... I got married with my girlfiend... she petition for me and i'm couple of days away from my interview on the embassy.... she cant come here because we ave no money left and she hasnt see me in 10 months so shes is dying for me to get there.....

the thing is that when I left the state in the airport immigration made me fingerprint a paper that it said that I had to stay out of U.S soil for 10 years according to sec 234....

the thing is this and correct me if Im wrong if I left by voluntary departure and I was never ilegal that paper should not give me any kind of problems in my interview right?/

read this and tell me if Im wrong plzzzz!!!!!

http://www.immigrationsolutions.com/servic...ntary-departure

[Stephen + Elisha 92]

By leaving under voluntary departure, you conceded that you were removable, i.e., illegally present in the United States. See http://www.immigrationequality.org/manual_...ate.php?id=1062 section 8.1, #2.

By accepting voluntary departure, you avoided the 10-year ban that comes with being deported. But it doesn't exempt you from other grounds of inadmissibility. Apparently your illegal presence was more than one year, as you were put under a 10-year ban at the time of your departure.

I am not a lawyer, and it sounds like you really need to consult one. But under the circumstances, it appears clear (at least to me) that you are under a 10-year ban and must apply for a waiver.

Edited October 26, 2009 by Stephen + Elisha