Deported for overstay 7years ago

[Lilikoi 0]

My daughter was deported 7 years ago for 2 month overstay back to Germany. After 3 years she went to the Embassy in Frankfurt and her visa was denied. She tried 3 more times, until the officer told her she has a ban for 10 years.

What will happen when the 10 years are over ? Can Frankfurt still deny her a visitation visa ?

Thanks for your help.

[Hypnos 6,576]

Yes they can. She will need to show the same proof of ties to her home country that everyone else does, and the previous deportation is going to make it extremely difficult / almost impossible for her to obtain a tourist visa.

She may also need an I-212 waiver to seek admission to the US after prior removal; I'm not too sure on whether that applies to persons seeking nonimmigrant entry.

Edited June 3, 2014 by Hypnos

[nightingalejules 678]

She may still be refused a visa, if a) she doesn't have extremely good ties to Germany and lots of proof that she will return at the end of her visit, or b) the consular officer is just in a bad mood.

All she can do is wait to the end of her ban, and then apply. Good luck to all of you!

[NigeriaorBust 4,087]

If you are living in the US it will be very hard for her to ever get a visa again. She has already shown that she has no respect for US immigration laws and you being here would show that she is highly probable to ignore the law again. Maybe once she is married and has a hisband and kids to return to .

[RhettVoe 282]

The 10 year ban reflects her inadmissibility; whereas qualifying for a tourist visa is a never ending challenge. COs are reluctant to grant a privilege to someone who has shown a disdain for our laws and whatever visa or VWP privilege they had previously...after all...what will she say to convince a CO that this time I will respect the laws of the United States? No east answer. Remember, getting a visa is a privilege, not a right.

[Al422 221]

A visa issuance is always at the discretion of the CO, even for someone who clearly meets the requirements for the visa. Meeting the requirements does not entitle one to a visa; it merely entitles one to get as far as the CO, who takes it from there. And the CO will take a bad visa history into account in exercising his discretion.

To me, this one looks like it is over the heads of amateurs like us. Your daughter would be well advised to consult with an immigration attorney.