QUESTION

Will I be able to apply for a non-immigrant visa to the US before the end of my 10 year ban in September?

Asked on Feb 13th, 2019 on Immigration - New York
More details to this question:
I overstayed in the US for fourteen years but left voluntarily. When I tried to get a visa to do a travel layoff as the US was the only way to go from my coutry to another, I was issued with a ten year ban which ends in Sept 2019. I will like to visit in May for a graduation but will need a visa to do so. Does it even make sense to apply? While I was in the US my brother had filed for change of status for me and that case was approved by the first Processing but was waiting I State. It has been more than 10 years and I have never received any information from the Dept of State.
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1 ANSWER
Answered on Mar 14th, 2019 at 5:58 PM
I do not see the sense of attempting to apply for a visit in May when your 10 year ban ends in September. It could possibly take longer for U.S.C.I.S. to agree to admit you than September. There is of course no guarantee that an American consular officer will issue a visiting visa to you even after the 10 year bar is over. When you say that your brother applied for a change of status for you and the case was approved by the first processing, I assume that you mean that your brother is a US citizen and applied for an I-130 petition on your behalf which has already been approved and that he and you are awaiting information from the Department of State. Generally speaking, your brother should have received communication from the National Visa Center (NVC) of the Department of State when the I-130 petition was approved. The NVC would generally just advise that it had your case and give the NVC case number. A sibling case takes approximately 12 years for an individual to be interviewed for an immigrant visa. You would probably have to wait over 11 years before the NVC began sending paperwork to you and your brother concerning the payment of visa fees and giving a list of documentary requirements. Your chances of immigrating through your brother are probably better than your obtaining a nonimmigrant visitor's visa, the latter of which requires a showing of non-immigrant intent. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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