Legal Question in Immigration Law in Ohio

Overstay-10 year ban

I overstayed my student visa for more than 5 years due to political issues in my home country, plus ran out of money to study. Yes, I violated the law, not proud of it either. However, I did later manage to finish school and get an MBA degree and worked illegally by stating I am a US citizen, provided DL and SS Card. Paid my taxes every year. Left the US on my own accord (without deportation or any type of removal). It has been 8 years. Obviously I could have gotten married to change my status while in the US, but I would never do that to anyone just to change my status.

I am aware of the 10 year ban, but not sure I understand it all. Can I enter the US before the 10 years are over (or ever afterwards)?

I am still banned altogether since I also lied and worked stating I am US Citizen? I can I even get a transit visa or visitor visa?

Appreciate your help in this matter.


Asked on 8/05/15, 5:02 am

2 Answers from Attorneys

Michael Brandabur Brandabur Law, LLC

The 10 year ban (and 3 year ban) are found in Sections 212(a)(9)(i) and 212 (a)(9)(ii) of the Immigration and Nationality Act (INA). The law impose re-entry bars on immigrants who are present in the U.S. illegally for a period of time, leave the U.S., and want to re-enter lawfully. An immigrant who enters the United States without inspection (illegally), or who overstays a period of admission by more than 180 days, but less than one year, and who then departs the U. S. voluntarily, is barred from being re-admitted or re-entering the United States for three years. If an immigrant is in the country illegally for more than one year, a ten year bar to admission applies. There is a waiver process, thus if approved it will allow you to enter before the expiration of the ban. The waiver of the three- or ten-year bar is available only where extreme hardship to an applicant�s citizen or permanent resident spouse or parent can be established. Hardship to the immigrant himself is not a factor, and hardship to the immigrant�s children is not a factor (even if the children are U.S. citizens). Approval rates vary from country to country. Additionally, data on approval rates is not that good, as there if often no reporting of them at all. That being said, at times for one or more countries the approval rates have been over 50% to much higher.

As for you other questions, I would strongly suggest you retain the services of knowledgable immigration attorney, as a number of specific facts need to be looked at, considered, discussed in order to give you a better idea of your particular situation.

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Answered on 8/05/15, 5:38 am
Philip Eichorn Hammond Law Group

False claims to US citizenship cannot be waived. It is at this time a forever bar.

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Answered on 8/05/15, 5:51 am


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