Good News For Some With 3 or 10 Year Bar! Lawsuit Makes It Possible to Adjust Status.
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- เผยแพร่เมื่อ 31 พ.ค. 2022
- Good News For Some With 3 or 10 Year Bar! Lawsuit Makes It Possible to Adjust Status.
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Thank you. I would like to know if someone that have been deportedin 2002 still need to apply for a entry waiver visa? The deportation was due to overstaying.
Could this help DACA recipient that acculated unlawful presence before obtaining DACA. Could this help DACA recipients get a visa/green card through their employers? TIA
How would an individual who was already barred for inadmissabiity and departed the US even be allowed back in on another lawful status to file to adjust under this new ruling?
Exactly! Totally non-sense.
I follow you because you are without doubt one of the most important voices on immigration matters.
Thank you so much for posting the resource/case information! I have seen a few other attorneys share this information but failed to provide the actual case/reference.
You’re welcome! Our Saturday newsletter will go into further details. Subscribe if you haven’t already done so mcbeanlaw.lpages.co/immigration-news-sign-up/
Hapy new year to you and for your belogs. GOD BE WITH YOU.
Thank you
The best of the best. Thank you Latoya!!!
You are the most professional lawyer I ever know. Thank you for your hard work.
Much appreciated.
Thanks for the info Ms McBean have a good day
You're welcome!
thank you for sharing, very interesting points!
You're welcome!
Peace and Shalom to you Miss McBean immigration law. You are my favourite business person in terms of your professional and comprehensive information on such a sensitive subject and your steady composure. Thank you for the work that you do for us in a world of unending human stop and go traffic.
Mrs not miss
Much appreciated 🙏🏽😊
THANK YOU VERY MUCH FOR BEING SO CLEAR. 😃 EVERYONE CAN UNDERSTAND 💚❤💙👍 👍 👍
You bet!
You're such a queen, thank you!
Thank you for such a useful information, you are such a gem.
Thanks!
How the hell can an individual leave and return with such a bar????
How will you be back here in US for another kind of visa if you already have a bar to return back here? This is so pointless. You said this is applicable for those who left US. Now let's say, you have 10-year bar. You left US and you applied for a new US visa. Of course you'll be denied because you overstayed your visa here! You can't get any kind of visa until you finished paying that 10-year bar! I don't totally understand what you're trying to explain.
Sign up for our newsletter at mcbeanlaw.lpages.co/immigration-news-sign-up/. This channel serves to educate and inform people about our U.S. immigration system, news and changing policies. I welcome a spirited debate about what I'm sharing on this channel. However, if you use this forum to attack each other or post hateful or inappropriate comments, please know that such comments will be removed. If you continue to violate these rules of decency, your access to this channel will be denied.
I am sorry
Hey Latoya Mcbean than you for this info much appreciated it
You're welcome!
So good of you ma,it’s well with you.
Thanks for watching
What about those who crossed back into 🇺🇸 with coyote help and remained for more than 10yrs after triggering a bar?...this new law is interesting and confusing at the same time
Makes no sense. How can someone who has a bar be allowed to even come back to the US?
Good afternoon miss mcBean,
How are you doing? Thank you for all your information. What about if you're here for 7yrs and never travel outside of the United State?
Gm and thank you!!
you're welcome
Thanks for all your professional advice. My question is actually not related to this subject but to find out how my daughter can send her medicals to uscis. The thing is as at the time of her interview her medicals was not yet signed by the civil surgeon. Though a cover letter was given to her to give to uscis to that effect. Interview was in November but till date no RFE has come from uscis asking for the medicals. What should she do?
Thank you so much McBean for this info. So for those have a 5yr ban due to fraud/mispresentation are not eligible to this new policy. It needs to wait until 5 yr is over outside the US or wait for the waiver to be approved
Embassy will not approve nothing if you over stay your visit. Second chances are very rare.
so I guess it only applies to rare cases who were able to get a visa again while 3,10 yr bar.. not sure how..
Can you please explain how can someone come back to the US if they are inadmissible? Thank you.
💯💞...so informative
Glad to know this
Mrs. Mcbean, I will apply for my green card soon. I do not take any vaccines and the USCIS requires it. Im Christian but I don’t know what they would consider a strong enough conviction to exempt from this, what could I be looking at to prepare myself for that?
How would someone with a 3 or 10 year bar be allowed into the US in the first place?
SAME QUESTION: HOW CAN A PERSON WHO OVERSTAYED AND THEN LEFT THE US CAN BE GIVEN NEW VISA IF HE IS STILL UNDER THE 3 OR 10 YEAR BAN? MEANING IF THEIR NEW VISA IS LIKE FIANCE VISA ETC ?
Nice to see you,,
Thanks for watching
Question, people who are in the process of filing a waiver due to ilegal presence in the US, do they need to do something or USCIS will automatically revise and resolve their cases? Thank you.
Thanks so much for the informative video I have question if am overstayed without leaving the country and won lottery visa can I apply for adjustment of status
I am a Canadian and was removed at the border in 2006 due to working unlawfully. I was barred for 5 years. After removal, my sibling petitioned for me and am now schedule for an interview after 16 years. All documents were uploaded to CEAC. Would a waiver be required? Thank you.
Why would one even care about bar if they are already back in US with a proper visa during their inadmissibility? What are they even adjusting to? Sounds like this policy is no use to anybody. Can you make another video giving example cases?
I’m curious to know what visa someone can apply and come back to US when they have bar? If so, can’t they apply for another visa type while in US overstayed their current visa?
curious too what kind of visa they got. did the officer not check their travel history? was there a loophole somewhere.
Agree!
Exactly
Amazing news!!!
I think so!
In this video You say that at the time of leaving the US is when the barr ocurred. But in my case the barr did not ocurr upon leaving the US, but rather when applying for a visitor's visa in the country of origin to come back to the US. Can you please explain what happens in that case? My 10 year barr is up in 4 years. I have not been back to the US since.
Thanks!
Thank u for great news Ma’am… what about who overstayed with Esta…and after voluntery left… is not barred anymore?
Thank you for all your information always attorney. My sons can attend consulate interview in Europe. Based on the joint statement you read in 6:31, Can this be interpreted that they do not need a waiver of inadmissibility 601?
I had no idea I could apply for another visa while going through the bar period outside of US from the first place?
Thank you.
Latoya can you talk about 221G vs administrative processing.
Hello, what do you mean? They are the same
How long can take uscis to release the new policy to take effect.
3 to 10 year bar?? Can I adjust status from pending asylee to EB3
I have a 10years bar and I’m outside the United States now. Can I go back with the F-1 Visa while the 10year bar is still active?
How do you get a Visa to come back if you're already barred for 10 years?
Does this apply for a person who had a voluntary return and reenter the country unlawfully?
Hi,could you please make a video about U visas? And are there plans of increasing the number of visas issued each year? Bse after 5 years of waiting for a response from USCIS about my case, I was approved and put on a waiting list. I'm now wondering how long it's going to take for me to be issued the real visa. Thanks
I'm in the same boat on waiting list and just sitting here and watching others get theirs that has not been on list for long time get theirs its not fair
My father- in law was a US veteran, he was able to petitioned all his children from the Philippines. He had 9children, all 8 now lived in the US. Only one is left in tbe Philippines waiting to be petitioned. Unfortunately, my father in law died last dec. 4 2020. What would happen to the petition process, can the last son avail the petition process and be united with the whole family in the US?
i dont see how you can get a visa when you get a bar ? this is so confusing what about people who is already here for years trying to be legal and being paying tax ?😮
Thats what I've been saying and asking all this time the ones that been serving and paying taxes here in us should be the ones who comes first if they been approved already on all legal forms
Exactly.. embassy will not issue any visa to someone who is barred.. this is so confusing.
You can't get a visa if you have a bar, that's not possible. This is not explained correctly !
Ok i was refused my visa because a 10 year ban and was told I need a waiver. I did file the waiver and my bar ends December??? Will my status change?
Ms McBean I am not understanding how someone could come back if they have a ban. What can be done for those who are still here who’ve overstayed their visa?
Banned from applying for residence. They are not banned from visiting.
Althia I asked the same question; the answer is you come back with a whole different identity, change of name, DOB, new passport etc. cause the law is clear you are banned from reentry 3/10 yrs since the date you left the US shores.
@@alanlabor9272 then I guess it falls under the fraudulent situation Mrs McBean mentioned and they would have to get a waiver for that situation. I still need to know about what can be done for those who are still here and have overstayed but have not left the country.
@@kingtia1 get married to us citizen ☺️
@@yusuf3631 lol
I'd in case and over stayed and never left and has been. In the states for like 7 yrs. Will that be counted for?
It is confusing. This new policy requires the person with 3 or 10 years bar, to be physically in the States. How could they come to the US during the bar period ? How could they get a visa during the bar period ?
That's something what I am confusing too. How can they even come back with 3/10 year bar.
more useless policy change from Biden🤮🤮🤮🤮🤮... this is only to help those with connection. honestly trump.was.a better president. he at least had a functioning brain
@@truthsquestions1532 all is just talks who you know that don’t get interview , all is just talks because I still yet to see someone saying they didn’t get they view that’s why they have a huge backlog for people who are waiting on interviews from outside America.
Immigration is highly complex. The lawsuit is mentioned in my video so you can do further research into this issue.
@mcbean immigration can u make some more video for the clarification of this point.
Hello, hoping you can answer my question.. I just became a Canadian citizen. Here in Vancouver BC; I am originally from Mexico and i got brought to the USA when I was 13 with my parents. I Lived there for almost 30 years. I left the country back to Mexico 5 years ago As I was waiting for my Canadian passport. I have it now.. My question is what are the chances of me being denied entry to US or what’s the worst that could happen if they find out I used to live there? I have family there that I haven’t seen in over 5 years. Thank you
Hello, What about somebody that was deported and bar for 10 years??? And entered the United States under non-immigrant with COFA( Compact of Free Association)
What about essential workers that work in covid he promise amnesty this is crazy all forget about that
Opal Reynolds i am disappointed with Biden administration I taught he would have done more for undocumented people here but if history is correct Biden work has vp under Obama they deported more people than any other president in America
Hi, McBean I stayed in US for good 19 years paid taxes was running successful cellphone business in 2019 been forcefully Deported after been in detention for almost 11 months bared for 10 years. I have 3 daughter on DACA.
Can I apply for visa and adjust my status?
How the u.s embassy will approved for those already had a 3 years or 10 years bar?
Hi , i have some question about greencard holder. What can you do if u a greencard holder and travel out of country and when u re-enter to U.s., the custom took u in and take away your greencard. What i have to do next ? And i checked on my copy, it shows that my greencard expired.
If you get deported and get 10 year bar does this apply? I’m waiting for I-824 to get approved
What about a 16yr girl, over-stayed about 9 months now, mother has 10yr green card. My girlfriend has this issue and I’m trying to see if there is something that can be done. Daughter’s only family live in Canada now.
Hello! Great video! Thanks a lot. So how can the applicants be benefited from this whose employment-based adjustment of status is recently denied( February 2022) due to out-of-status issues? Do they need to refile or apply for a motion to reopen/reconsider? - What will be their source document for a motion to reopen? Can you please discuss this? Can these applicants stay and work in the USA while these 3/10 years run? Can they travel and come back to the USA?
@Whatsapp±①③⓪⑦②⑧⑤⑨⑧⑧④ Hello! Great video! Thanks a lot. So how can the applicants be benefited from this whose employment-based adjustment of status is recently denied( February 2022) due to out-of-status issues? Do they need to refile or apply for a motion to reopen/reconsider? - What will be their source document for a motion to reopen? Can you please discuss this? Can these applicants stay and work in the USA while these 3/10 years run? Can they travel and come back to the USA?
Hello, would this apply to kids who entered twice illegally and now have to 10 year permanent bar?
First of all if you are not even in the USA and apply for any non immigrant visa you just forget about it because you won't get the visa and the embassy. If you apply for immigrant visa still they can delay the process for how ever they want there is a process called administrative process once they put you there you are stuck at the embassy for ever
If someone came into America legally but had go back to your country for 2 years due to a full bright scholarship.Will the overstay get waived if they are married to American citizen. I saw something about this in one of the previous videos.
I am not sure how someone who self deports, is back in their home country will be given by any US embassy a new visa, F1, H1, IR or CR for example without being snuffed out for overstaying and the bar they are supposed to serve. That overstay on record would in fact be grounds for the Embassy NOT to grant any visa to return to the US. Assuming this happens to work, doesn't the Border or Immigration officer at the point of entry have the agency to deny entry if they have a valid visa.? So in the unlikely event, the aspirant passes those two gatekeepers, there would no longer be a need to even worry about the bars as their latest entry is on the up and up.
What if you have a 10 year bar from from a previous oversatay on a student visa, and have remained in your country of origin for 8 years, can you reapply for a visa, or you need to wait for all 10 years before you can apply.
So you mean that if you are back in your own country outside of USA, currently barrred 10 years bec of overstaying more than 1 year...You dont have to finish that "10 years bar," you can go back to USA immediately? is that what you saying? Then you can apply while in USA for adjustment of status?
You have no idea how this is life changing for me and my family! Thank you very much for sharing
Miss McBean you are awesome but you even know you can’t gain entry to the us during the bar period without going through the waiver process but i wanted to know if this applies to deportees who are serving their time in their home country. Thank you
Good question
I want to know too.
People, why are some asking and saying you don’t understand. The lady just explained everything.
Thank you!! 😊
Yes
@@McBeanImmigrationLaw Hi Our priority date was 28/09/2009 and the approved petition was 20/05/2010
Category F3
Type I-130
How long we have to wait to get welcome letter from immigration?
@@McBeanImmigrationLaw HI good morning quick question what if I entered the U.S with my twin brothers visa can I adjust my status ? came to the U.S in 95 been married to a naturalized Citizen since 2003 been together since 1997.
@@McBeanImmigrationLaw I’m a non immigrant If My removal proceeding is canceled and I apply for green card can I apply for my spouse as well
A friend was denied his immigrant visa and permanently barred 5 years ago by the US EMBASSY in Ghana due to an alteration he made on his school certificate.. does that mean he can apply for American visa after 5years?
what about if someone was entry without inspection please?
Hi Atty. can i adjust my status while i am here in the US. I am over stayed for about 8yeqrs now…
Omg this is a goooood news to me ❤❤❤thank u 😘
Terrific!
It makes no sense. You can't get a visa if you overstayed. The only way is filing a waiver.
This makes absolutely no sense! If you have a bar and left the country, there is no no way you can come back without a valid waiver. I really don’t understand why they have to make it this complicated… Let’s say I was in the US with an F1 student visa, I dropped out of school, kept living in the US even though my SEVIS was cancelled and after 3-4 years I left willingly. Then I married to a US citizen spouse and apply for IR-1 visa. Does this mean that I can get approved and come back to the US and serve the rest of the bar there?
So how were they allowed back in if they had a bar in the first place.
Hello there. Thanks for such an amazing video.
Quick question. I’m a permanent resident, I’m going to apply for citizenship. My dad is here overstaying his visas. I want to file for him when I become a citizen. I know I’ll be asked where my parents are living or are they citizens or legally allowed to live here .
What should I say when they ask me that question?
Thanks
Hi. I am B1B2 visa holder and I was came in 2015 and I over stayed in USA so can I apply for this?
Hi mam i was on non immigrant visa i overstayed 4.5 year in usa so what are procedures and how long m barred to enter and how can apply for waiver or adjustment
What if you didn't move out of US and your approved i140 is more that 10 years
At least they're trying something. This whole story concerns me, and my immigration journey. I may well be among those who triggered this USCIS new episode. Thanks Latoya
Wow! And Noone ever thinks that you had your own immigration journey! No wonder ! You are so passionate ! So caring !
Good morning miss mc beene I been to my interview and I overstayed my visa 20 years I changed my name for religious purpose and got my visa the second time how can u assist what type of waiver do I need I was told I need to thank you very kindly
How someone who has a bar outside the US to get new visa while bar is in ?
What is the bar period means?
I need clarification on this because I had to file for waiver my attorney told me not to leave the US but to file for Adjustment of Status. USCIS said I should have left the US. Now I am in the US awaiting over 2 years for a waiver to be decided on. I left the US when the Adjustment of Status was granted and return to the US but I have not left when my case was denied. Would this new law be applicable to me
Please contact her, she will need to review your case.
@@johnsonajayi7846 do you have a number
Any update on your case. I am in the same situation.
how can a person whose bar of 3 years is over n is Out of USA can take benefit of this law
This new change focus on the 2nd visa approved?
Mam.. what if I apply for a 204L law… how the bar would affect me
Mrs McBean I greet in love, can you please tell me if someone Visa been cancelled 3years now does this policy apply for tham as well? I think this happen because of over stay.
What about fro pending case asylum case fmore than 5 year no more new news just pending I suffering with expired work permit too
I need you help. I'm still stuck in England.
The part we did not understamd is this : how can someone with a 10 year bar can get a visa and entet the US during that 10 year ?
Please watch the video again to hear this answer 👍
I think you need to misrepresent your visa application to be approved (hahaha) and then have a waiver. Oh my!
@@McBeanImmigrationLaw i rewatched the video but there is no asnwer in the video...they usually dont give you another visa durung this 10 year bsr period
I don't understand that Part either because . The US have all the records of those who've had a visa before so I don't understand how they would get another visa during the ban
I agree! For that 10-year bar, even if you try to find a visa to come back in US, still they will deny your visa because you have to serve 10 years outside the US. Very confusing! Not unless USCIS will say, all of you who have 3-year or 10-year bar married to US citizen can now leave the country and get your immigrant visa in your home country and go back here in US while serving your bars! That is so clear to understand!
Does this apply to person who uses esta?
Hi my dad came to the USA 2001 .and 2016 he left USA. So how can I can bring him here .I'm USA citizen.
Hello,my name is Adrijana Latinovic from Serbia.I have 10 years bar problem and still have visa until 2025.Should I go for new visa in U.S embassy and how to get new one bc my visa is still valid plus how to get new one because I probably have permanent bar(bc I was 6 years in U.S ,left U.S 2 years ago and that’s permanent bar) right? I don’t understand !!
I’m a non immigrant If My removal proceeding is canceled and I apply for green card can I apply for my spouse as well
Hello Ma’am how are you doing? How can I contact your off?
Hello Ms. McBean, great news. So you mean someone overstayed after entering the country legally can leave and come back to US, then apply for work visa etc, GC, therefore AOS? Sounds great, but how could someone even get a visa again and re-enter to US once they overstayed and violated immigration law? I never thought it was an easy thing to do? I have been hearing if you leave the country once, it's not even 3 or 10 yr bar but realistically permanent bar because the immigration officers won't allow you to enter at the airport when they find out you had been overstayed.
It doesn't apply to people who are still here. You can't leave
What about those who are in the removal process and committed fraud?
I have the same question. How can one come back to US after leaving and receiving 3/10yr ban before the ban has expired?
@@renataz1764applicants have only 1% chance to get visa. And It's going to be hard to grant applications on that situation. Good luck to them!!
Exactly, I wonder how someone who has overstayed can secure a visa after they leave the US within the 3 or 10 year bar. Not sure if it can happen 😕 🤔