bbb75

Hi, this is a great forum, finally through Freedom of information request, I was able to get my Alien file from the USA and I am wondering if I can ever apply for a visa, as we would love to visit Florida. I am now a British Citizen. This is my story in a nutshell:

I was a F1 student in the USA and applied for asylum in 1997

In 1998 the conditions in my country changed, and I left the USA in 1998

In 1999 I was ordered removed in absentia for failure to appear(1 year after I left the USA)

In my alien file it says I left the country in 1998.

I am including two pics, 1st is charges, and 2nd is the decision.






Am I banned for life or can I apply?

Shirtback

The advice given 2 years ago still stands:
http://britishexpats.com/forum/us-im...ptions-796916/

Consult an immigration lawyer. This is way beyond the scope of an Internet forum.

(Oh, and while you're at it, make sure you give a complete & coherent time line with correct dates...)

bbb75

Two years ago didn't have the paperwork(just knew was removed) but now got it, and wondered if anybody know what it means as it is written.

Shirtback

The advice given 2 years ago still stands.

Consult an immigration lawyer. This is way beyond the scope of an Internet forum.

(Hint: reread SFolinsky's posts).

ian-mstm

They are statements of fact. They don't mean anything other than what they actually say. In the case of the first one, you did not comply with the conditions of your F-1 visa. In the case of the second one, you failed to appear at a hearing and were "removed in absentia".


You can always apply for a visa... always!

Ian

crg

If that was your first removal, it was a 10 year bar. No additional waiver should be required once the 10 years is over. It all comes down to whether or not the Consular Officer feels like issuing you a visa. If you apply, have proof of when you left.

S Folinsky

It can be fixed. Its a PIA, but it can be fixed.

crg

Don't see much reason for a MTR for spent removal when no waiver is required.... Unless an attorney somewhere wants an new in ground swimming pool of course.

scrubbedexpat099

Trying to remember what could have justified such a claim.

bbb75

Thanks for the advice! Now that it seems that the ban has expired and from what I heard on the forum no waiver is needed, I will probably apply soon for B2 visa. I will share the outcome. I don't have the finances for motion to reopen probably it will costs thousands, though it might be tempting if it would help to be eligible once again for the visa waiver program. I have 2 questions if anyone knows:

1. I understand that since I was removed, I will need to fill VCU-1 form. Do I just fill it and bring it with me on the day of interview, or I submit it before I go for the interview?

If I have to submit it before, how does the process work, what email do I send it to, as I couldn't find info on the consulate website?

2. On the question have you been denied a US visa, I have only an ESTA denial, not a visa denial, is ESTA denial the same as a visa denial?


Once again, thanks and will keep you updated!

Noorah101

2. No. ESTA and VWP are not visas.

Rene

ian-mstm

You'll find out when you complete the B-2 application.


No.

Ian

crg

Don't bother with VWP or ESTA ever again. There is next to zero chance of resurrecting that. The program is for simple squeaky clean visitors, not those with complicated alien files.

S Folinsky

A lawyer's fee for such an MTR will come nowhere paying for a pool. That said having, a final order of removal is not a good thing to have in one's history. Having the proceedings reopened to rescind the order and terminating the proceedings will reduce the potential mischief.

BTW, it is never safe to assume immigration officers know the law.

bbb75

Just a little update, got a 10 year visa. Have a few questions?

1. I had to prove when I left the usa to the embassy, (more than 10 years ago, so ban has expired). Does that mean that CBP also doesn't know when I left the USA, and have to prove that to them when I arrive?

2. Is it a good idea to bring letter of employment when I arrive? (We plan two weeks holiday to Orlando)

3. Is Orlando a bad choice for secondary, or should we fly through JFK?