miamoss

Hello,

My sister and I were raised here in the states since we were babies. My sister was deported and put on a 10 year ban from the USA. Her 10 year ban is now past us and we want to bring her back home for a visit, since we haven't seen her in over 10 years!

How do we go about this? Are there any special forms or anything to fill out?

She is in Iceland and I know that she will need to fill out a non-immigrant visa form to travel here the the states to visit.

She is very sick and needs to come here for treatment as well, and eventually we want her to move here for good.

Can anyone tell me will they send her right back to Iceland when she arrives here?

She lived here in the USA from age 2 or 3 years old until about age 25 years old when she then moved to Iceland to get away from an abusive spouse here in the USA.

But she wasn't supposed to stay longer then a year, BUT due to financial problems, she remained outside of the USA for several years. So I guess the USA deemed her no longer an alien and they took away her green card, and they offered her a hearing in Baltimore, USA.

She could not make it to the hearing in Baltimore, MD - due to financial troubles (no money for a plane ticket from Iceland to USA) -- so my mother and me went to the hearing for her in Baltimore, MD.... But since my sister did not show up, the judge got angry and banned her for 10 years for missing her hearing in Baltimore, MD. So she was banned for missing a hearing regarding her green card status (for remaining out of the country for too long).

It has been past 10 years now since the 10 year ban and we want her to come visit (just to visit), but we are afraid that she will be deported at the airport straight away and that she may not be allowed back to even visit us at all. So we don't want to waste $2000 on an airplane ticket for nothing....

Eventually, we want her to move here, but that wouldn't be right away. Right now we just need to get her over here to the states because her condition of Endocrine Disruption cannot be properly treated in Iceland. Yes, America healthcare is expensive, but it's better than staying in Iceland and not being treated at all, she is suffering very badly and in a hospital right now as I type this letter. She is 39 years old with 4 children at home.

She has the money to fly here now and she has the money for the doctor that I have selected here for her here in the USA. So that is not the problem.

I just hate to see her fly here, and then they turn around and send her right back (like they did 2 years ago when she tried to re-enter before her ban had been lifted)......argh, that was very frustrating...Will she be on a new ban now for trying to re-enter 2 years go? Will the new ban begin then 2 years ago (2006??) - this is all so confusing to me...

Thanks for ANY help on this, I am not sure which forms to fill out. I know that she will need a visitors Visa (non-immigrant) to come here and visit this Spring, but are there any other forms to fill out based on her past 10 year ban that we need to fill out as well, prior to getting her the visitors visa?

The judge was very angry though that my sister did not show up for the hearing (11 years ago now) I tried to explain to him that she was pregnant and did not have the money to fly here for the hearing, but he yelled at me and told me that didn't matter. He banned her right then and there my mother and I began to cry in the court room. There was no talking to that judge, he was horrible, no heart whatsoever..........in my humble opinion.

I do not remember what law that he cited when he banned her from her own country, but either way, he said it was ten years, that was her punishment for not showing up for the hearing...

I emailed my mother and my other sisters asking them if they know what happened to the actual court documents, which would be about 11 years old now, they may have been lost i'm sure....Do you think immigration could get me a copy of them?

Thanks so much for your help, I really do appreciate it.

I'm sure that you all work here for free, and that is an amazing thing to give your time to help others out like this. So "thank you" very much for your time and help.

hugs.
Mia

Ray

You will have to apply for a B-2 visa

http://iceland.usembassy.gov/b1_b2.html

miamoss

And that is it? The ban is automatically lifted and she should be allowed to "re-enter" no questions asked?
Thanks
Mia

miamoss

Are you sure it is the B2? It says that is used for more then 90 days stay? She will only be coming to visit for 3 or 4 weeks.
Thanks,
Mia

Ray

After a ban you always need a visa ...
Shewill be required to go for an interview

JAJ

What you say doesn't make sense, with respect. You get a ban for overstaying, not for losing a green card.

You need to discuss this with an immigration lawyer.

What's your own status ... are you a U.S. citizen or a permanent resident?

And is your sister an Icelandic citizen?

miamoss

I didn't say that she got banned for losing her green card. She got banned for over-staying outside of the USA.

Her green card was taken with the 10 year ban.

I am an American Citizen born on a US Navy Base in Iceland, but since she was born off the base, she is an Icelandic citizen.

Our mother is also here with me in the US along with 2 other sisters and we are all American US Citizens as well, and our father is here as well too.

Thanks for all your help.

Mia

JAJ

You don't get banned for that.


A U.S. base in Iceland is not United States territory so it makes no difference for U.S. citizenship purposes whether you are born on a base in Iceland or in the hospital off-base.

Are you saying that your father was a U.S. citizen in the military?

Ray

That definitely sounds odd....and incorrect

Folinskyinla

Hi Mia:

You sister was placed in removal proceedings due to claimed "abandonment" of her permanent resident status. The Immigration Judge then entered an in absentia order against her when she failed to show up for the hearing. You made a mistake in not hiring a lawyer at that point -- but that is past.

The 10-year ban was for having been previously removed.

A visa will be problematical in my opinion -- but I don't have all the facts at hand.

However, I do ascertain the possibility that your sister may very well be a US citizen. As has been pointed out, the reason you give that she is not a US Citizen and you are is not correct. However, there may some other reason for this -- but we just don't know.

I suggest consulting with an attorney. And this is one of those areas I would recommend not being cheap and looking for a "free consultation" on this. The national experts on this area of law are Robert Mautino and Kathryn Mautino -- www.mautino.org. If they want to charge you, you should gladly pay it.

It may very well be that a US passport for your sister will solve all her problems. [no comment on US income tax].

Folinskyinla

Hi Ray:

You quote two sentences and part of a third. The first two make perfect sense, but you comment does apply to the partial quote.

crg

LPRs are usually put into removal proceedings as arriving aliens. Arriving aliens ordered removed get either bars of 5, 20 or life. 10 year bars for being ordered removed after being admitted or a few other things such as prostitution or overstays. Something is wrong with this story.

It sounds like the person tried to use the visa waiver program two years ago and got sent back. Depending on how that went down, this person may have a fraud/misrepresentation problem when they answered the question about prior exclusions, removals, deportations, etc.

miamoss

My sister was deported for abandonment (because she was out of the country for too long) - I'm not sure why some of you just aren't getting this. I was there when it happened. I know what happened! She left the USA, she stayed in Iceland for much to long (without having returning to the states for a visit). She was banned for 10 years for not showing up for court on what I assume would be abandonment issues.

We have different fathers, my father was a US military man, I was born on what was considered "American Territory" in Iceland on the American base. I know that is why I was automatically entered as a US citizen because it says so on my birth certificate, so for those of you who are telling me that I am wrong about that, you are wrong. Sorry.

My sister was born off the base (with an Icelandic father) not an American father like me, therefore she was automatically deemed an Icelandic Citizen, therefore she cannot just go out and get a US passport, you are very misinformed dear.

She got a 10 year ban 11 years ago for not showing up to her hearing in Baltimore, MD. She could not come for her INS court hearing at the time because she was sick and poor, and 9 months pregnant and she was living overseas at the time.

She attemped to come to the states 2 years ago (1 year too soon of the 10 year ban) to come help my other sister who was drying of cancer at the time.

When she got to New York, they put her right back on the plane and sent her back, she never got to see my other sister. Cruel americans..

Her 10 year ban should be lifted by now, but I just want to make sure that (other then a Vistors VISA) that there will be no other issues with bringing her here to the USA to visit.

Mia

ian-mstm

Your half-sister has myriad issues which are far beyond the ability of this forum to address. She needs an experienced immigration attorney to help her sort this out. Do her a favor, hire the one Mr. Folinsky recommended. Why? Because the recommendation brings with it the assurance that these guys know what they're doing and they're good at it. Why believe Mr. Folinsky? Because he *is* an experienced immigration attorney.

I'll simply add here that you have very odd notions of why things are the way they are... and from what you've written, it seems you'd rather cling to what you *think* is correct rather than what is *actually* correct. Your choice of course, but you should keep an open mind. Things may not be what they seem.

Ian

crg

The embassy will look at the case when the visa application is filed. It may be difficult for her to get a visa considering the circumstances.

You're not going to get much more information than that considering you don't have enough details about the situation including the refusal of entry 2 years ago.

She probably should not mention the "cruel americans" to the embassy. The nerve of those Americans. They wouldn't let a green card holder live foreign for several years and then just skip the court date. She received an order to go before a judge. Apparently she wasn't even seeking to live in the US the time she was put into removal proceedings because by the time court came around she had left already. It's permanent resident status, not "drop by when I feel like it" status.

If they were really cruel they could have charged her for a felony for trying to come back without permission 2 years ago.

I love how nothing is her fault.