5 or 10 Year Admission Ban

[Niko_VT 0]

I was admitted in the US on J-1 visa in January 2002. The document was for one year and shortly before it expired I changed my status to F-1. A few years later, still maintaining my student status, I got married for a US citizen and got granted the initial documents given in this case (i.e. work permit, etc.). However, the things did not work out and we got divorced before I the case was completed. I applied for asylum based on my ethnic background and the case was in process when I decided to leave the county. Notification to the case officer was sent, explaining that I am about to leave the country so I want to drop the proceeding but nevertheless I was given notice to appear before Immigration Judge. I left the country long before the hearing and I got letter that I am basically deportable as I did not show up for the court date. It has been over 5 years since then and am thinking about visiting friends in the US but am not sure what kind of ban applies to me (5 or 10 years?). In the Notice to Appear it says that I have overstayed my initial visa period which is definitely not true as I have always been in status during my 6 year stay in the country. The judge verdict letter does not state what restriction applies to me so I was hoping to get advice on the possible length/type of entry ban and appropriate waiver document that should be used to remove the restriction. Thanks in advance!

[Jawaree 718]

Don't have all the answers but I think if you applied for asylum based on some fear

in your country, then you turned around and go back there ignoring a court appearance

you need a very experience immigration atty to sort you out.

[Niko_VT 0]

I did not move back to the country of origin so that should help. By the looks of it it is a 10 year ban but oh well... Only 5 more years to go