For a friend.... like it or not I'm a US citizen (but wish I were a
dual citizen!)
My friend, a UK citizen, was arrested and deported in 1997 for
overstaying the visa waiver programme for approximately three years.
During this time there was a law change extending overstay bans from
five years to ten years.
He claims to have never gotten paperwork or an oral answer that
specifies whether he is subject to a five or a ten year ban. In his
passport is stamped the following:
212 (small D) (3) (A) (9) (A) (small II)
or
212(d)(3)(A)(9)(A)(ii)
Upon reading the relevant laws, he believes that he was a 9A deportee
and thus subject to only a five year ban.
What is the best way to determine the length of a ban? He wants to
write a letter to the INS and get clarification of his status. I think
he ought to apply for a B class visitor's visa. If he is approved,
object accomplished. If he is denied, he then has cause to appeal the
denial. If he applies for a visa the INS *have* to act; but if he
merely writes a letter I'm afraid they will not reply or not be
authorative even if they respond.
So.... five or ten? letter or visa application?
Thanks,
Amy
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