Deportation and Re Entry ????

[bukcherry]

I was deported in 2006 and given a 10 year bar as i had no visa, as far as i know i have no criminal charges against me , i was convicted of "Disorderly Conduct" and fined $100 but the judge told me it was a violation charge and it wouldmt appear on my crimal record . I have 2 questions : If i marry my American girlfriend and she applies for me to return , what are my chances of returning early ? And : If i wait the further 8 years will i still find it difficult to return ?
Is there anything i can do in the meantime that may be worth trying ?

D
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[darko]

As far as I know marriage to US citizen usually makes authorities forget about some of your illegal activities, such as working illegally, overstaying your visa, going out of status.

However, as far as I know, anyone who has not been inspected by the immigration authorities (entered country illegally) will not be able to adjust their status even if they marry US citizen.

Sorry

[Marco 72]

Don't know about your conviction - depends if "disorderly conduct" is considered a Crime Involving Moral Turpitude in the US or not. If it is, you may need a waiver.

The only way for you to join your wife before the ban is up is through a waiver (extreme hardship).

[bukcherry]

My crime is NOT one involving moral turpitude i have been informed , according to the Judge i have no record and it was classed as a violation , less than a misdemeanor .
As this is the case do you think i have a chance of simply getting a visa without getting married ? .

[bukcherry]

I did not entre the US illegally, i was inspected by Immigration on entry , i simply overstayed . Im in Europe currently but looking at ways to return . Its been 2 years since i was deported .

[Marco 72]

My crime is NOT one involving moral turpitude i have been informed , according to the Judge i have no record and it was classed as a violation , less than a misdemeanor .

I agree it's most likely not a CIMT. Hopefully USCIS will see it this way too. In any case you'll have to declare your conviction when asked, it doesn't matter that the judge said it wouldn't be on your record. If you don't you'll commit immigration fraud.

As this is the case do you think i have a chance of simply getting a visa without getting married ? .

You are forgetting the matter of your overstay. You won't get the visa because of the ban. To overcome the ban you'll need a waiver. Waivers can be granted in case of economic hardship. The following forum is a very good source on waivers

http://www.immigrate2us.net/forum/index.php

[bukcherry]

So applying for a visa is not going to work?So in your opinion my only route is marry my American girlfriend and she must claim hardship from the US ?

[bukcherry]

How are my chances of entering on a D3 visa ? If i can enter the US legally i can be sponsored by a number of people who own companies in the US, can i file a I-212 visa on this basis ?

[Marco 72]

So applying for a visa is not going to work?So in your opinion my only route is marry my American girlfriend and she must claim hardship from the US ?

Your application for an immigrant visa will be denied because of the ban. After it's been denied you can apply for a waiver. Waivers are not a DIY thing, it's really best to consult an immigration lawyer (not any lawyer, but one with experience in the field). See the website www.aila.org.

[bukcherry]

So whatever visa i apply for will be denied ?
My only course of action is marry , apply for an immigrant visa I 130, have that denied , then apply for a waivers I 212 and I 601 with me in Europe and my wife in the US .
Is there a chance to apply for an H1B if i have an offer of work , or will that be denied too ?

[darko]

So whatever visa i apply for will be denied ?
My only course of action is marry , apply for an immigrant visa I 130, have that denied , then apply for a waivers I 212 and I 601 with me in Europe and my wife in the US .
Is there a chance to apply for an H1B if i have an offer of work , or will that be denied too ?

That's sorta the whole point of ban...

[bukcherry]

I have heard from other sources that obtaining a D3 non immigrant visa even with a ban is not too difficult , and as i have a firm open ended work offer from my previous employer in NY getting a H1B visa may be possible too .
Whats your view ?