Tourist visa after 10 year ban

[wannatravel 0]

Hello, just wondering if anyone on here know of anyone that has been approved a tourist visa after being deported with a 10 year ban. I entered the country illegally with my parents when I was 7, they claimed a false asylum and of course that was denied. I was 22 when I was deported. If I apply for a tourist visa I will be applying as a Mexican citizen, however when the asylum case was filed, it was filed as if we were Guatemalans (my dad grew up there). I have been at my job for 5 years, my salary is above average (for the town I live in), I have plenty of money saved up, in the past 2 years I´ve travelled to Canada, Asia, Europe, South American, but I also do not own a home, and am not married...can this be seen as not enough times? Purpose of travel to the US will be to visit friends from school. The 10 years have passed, will I need to apply for a pardon? Before or after I submit the visa application? I´ll most likely get denied but would really like to know of anyone with  similar situation.

Thanks everyone

[TNJ17 1,329]

So, just so we are clear cause your post was a little confusing, you lived illegally in the US from age 7 to 22? And 10 years have now passed since you were deported at 22? And you want to apply for a tourist visa? Hmmm if that is right I’m not sure you’d be successful. You lived here for most of your life so that might show immigrant intent. You might be high risk for a tourist visa. 

[geowrian 22,338]

Only way to know is to apply and find out. The CO will make a decision based on the merits of the case. The past overstay will not be a bar after the 10 years have passed, but can still be a consideration.

If you were actually ordered removed, you probably need an I-212.

[Highmystic 234]

11 minutes ago, wannatravel said:

Hello, just wondering if anyone on here know of anyone that has been approved a tourist visa after being deported with a 10 year ban. I entered the country illegally with my parents when I was 7, they claimed a false asylum and of course that was denied. I was 22 when I was deported. If I apply for a tourist visa I will be applying as a Mexican citizen, however when the asylum case was filed, it was filed as if we were Guatemalans (my dad grew up there). I have been at my job for 5 years, my salary is above average (for the town I live in), I have plenty of money saved up, in the past 2 years I´ve travelled to Canada, Asia, Europe, South American, but I also do not own a home, and am not married...can this be seen as not enough times? Purpose of travel to the US will be to visit friends from school. The 10 years have passed, will I need to apply for a pardon? Before or after I submit the visa application? I´ll most likely get denied but would really like to know of anyone with  similar situation.

Thanks everyone

Since you were 7, it was not your fault to be illegal.  It is also not your fault that your dad filed for asylum and said he was from Guatamala. You just overstayed as an adult, got busted and deported.  If the 10 year ban is over, then it is not an automatic denial.  I would think that your passport shows those other locations, and that you did indeed return may give trust on a visa.    I can not comment though on if you need to apply for a pardon prior to the visa ap though.  Sorry..

[Highmystic 234]

5 minutes ago, TNJ17 said:

So, just so we are clear cause your post was a little confusing, you lived illegally in the US from age 7 to 22? And 10 years have now passed since you were deported at 22? And you want to apply for a tourist visa? Hmmm if that is right I’m not sure you’d be successful. You lived here for most of your life so that might show immigrant intent. You might be high risk for a tourist visa. 

Good point, and that alone may be a consideration to deny, due to familiarity of life and not just a "tourist".

[Alabamak1 688]

i wont tell you that your chances are low on getting a tourist visa, but the fact that they take fingerprints when you leave when being deported, if that was the case...you might have trouble getting into the country at POE. That is a possibility of them denying you entry.  

[wannatravel 0]

12 minutes ago, Alabamak1 said:

i wont tell you that your chances are low on getting a tourist visa, but the fact that they take fingerprints when you leave when being deported, if that was the case...you might have trouble getting into the country at POE. That is a possibility of them denying you entry.

Yes, you´re right. Anyone know if it´s easier to arrive and enter at airport or drive and cross the border? I dont want to get approved for a visa and then be denied at POE. Well it is what it is.

Edited July 23, 2018 by wannatravel

[Alabamak1 688]

1 minute ago, wannatravel said:

Yes, you´re right. 

if you obtained a visa for Europe and/or Canada i would suggest to not get a stamp of denial on your passport, because other countries that might see that as a risky thing for them to further give you another visa or such. Being a latin-american myself and having been through the process of getting multiple visas to many other countries...i have had that happen. 

 

I had applied for a Visa with my passport many years ago to go to Germany.  I had lived and studied there for many years. At the time I was a GC holder and the german consulate denied me a visa. This had a consequence that you can clearly see a denial of the visa and the doors where closed for me for a EU-visa. I had done nothing wrong. 5 years later I became USC and traveled to see friends and family there. 

 

My birth citizenship had its advantages like when i flew to Moscow and didn't have to get a Visa, since I didnt enter as a USC. My experience is to let it go and try to meet friends in Mexico or elsewhere. Just a suggestion to avoid any unpleasant situations.  

[TNJ17 1,329]

28 minutes ago, wannatravel said:

Yes, you´re right. Anyone know if it´s easier to arrive and enter at airport or drive and cross the border? I dont want to get approved for a visa and then be denied at POE. Well it is what it is.

No. This is a common myth I don’t really understand. POE is POE. They’re all the same whether it’s an airport or walk in border. It doesn’t matter. 

[wannatravel 0]

4 minutes ago, TNJ17 said:

No. This is a common myth I don’t really understand. POE is POE. They’re all the same whether it’s an airport or walk in border. It doesn’t matter. 

Thank you for clarifying

[TM92 527]

1 hour ago, wannatravel said:

The 10 years have passed, will I need to apply for a pardon? Before or after I submit the visa application?

Here is a law blog post, https://dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/:

Quote

If you are subject to the 5, 10 or 20 year-bar, you do not need the I-212 waiver if you wait outside the U.S. for the duration of the bar before you seek admission to the U.S.

Looks like you don't need an I-212 waiver, but my knowledge is limited on this topic.

[valentinasc 330]

I’m an Italian citizen and entered the US and overstayed as a minor. As soon as I turned 18 years old I left the country 3 months after without getting any bans. I moved very far..to Australia, I had no intent to go back to the US but I also did not want to be in bad terms with any country. Funny thing in life fast forwarding 4 years later I got into a relationship with a US citizen and when I applied for a tourist visa to go meet his family I got denied, and i had no bans. You could take your chances and hope for the best, just because they denied me doesn’t mean they will to you too but something I remember the officer saying was “even if it’s your parents fault, you are an adult now and there’s nothing that can guarantee me you won’t overstay” sadly I genuinely just wanted to go meet my bf’s family, he did not ask for proof but I get where he was coming from, we pay for our parents actions. 

[EM_Vandaveer 2,408]

If you were deported, you need a waiver first. Having the waiver approved will in no way guarantee getting a tourist visa (which is highly unlikely, an uphill battle) but without the waiver it's guaranteed that you will NOT get a visa.

[ConOfficer 167]

2 hours ago, EM_Vandaveer said:

If you were deported, you need a waiver first. Having the waiver approved will in no way guarantee getting a tourist visa (which is highly unlikely, an uphill battle) but without the waiver it's guaranteed that you will NOT get a visa.

He said he was deported over 10 years ago, so he does not need a waiver. The 10 year bar has expired.

 

OP, I think most officers would give you a visa if everything you're stating is true. A long time has passed. International travel shows you're pretty successful. Would someone give up a solid profession to work illegally in the U.S? Doubt it. 

 

You're not at any greater risk of being denied entry at the border. I write something like "10 year bar has expired" on the visa so the CBP officer knows I considered any ineligibility. 

 

Suerte

[BenevolentSith 6]

I was barred for 10 years due to abandoning a pending removal proceeding (212 a(9)A i II), served about 8 years of the 10, filed I-212 at the border (I'm a Canadian citizen), and my I-272 waiver was approved.

 

I entered the US over the July long weekend, and it was a very straight forward process. It is possible, but the waiver application is a very elaborate process. And requiring to apply for a visa would probably add extra complication (though the document I submitted for this waiver was far more extensive than any visit visa process I ever went through).

 

In OP's case, since 10 years have passed (assuming 10 year bar is all he has), then he can try his luck by applying for a visa at the consulate and see if he will be found inadmissible.

Edited July 24, 2018 by BenevolentSith