How to Correct a 10 Years Bar That Was Incorrectly Imposed ?

Hello,

I would like information on how to correct a 10 years bar that was incorrectly imposed by the visa officer in The Consulate of the USA in Lima Peru.

I lived in the US from June 2000 to Feb 2006. I was never out of status for 6 months or more. I have evidence of that.

However, on July 2006, when I made an application for a new Visitors Visa in Lima the Visa Officer told me that he is writing a note in my application imposing me a 10 year Bar because I lived in the US from June 2000 to Feb 2006.
He did not want to see the evidence I have of my lawful status in the US during that period of time.

I have a letter from a lawyer in the U.S. explaining my legal status in USA. The letter includes documents showing proof of my legal status in the USA and that the 10 years Bar does not apply to me.

I really need to go to the USA, because I have a US Citizen daughter and I want to see her.

Currently I am in Canada under a Temporary Work Permit.

Thank you very much for your answers!!!

Unfortunately, abuses of this type at various US consulates are not exactly unknown, especially in "developing" countries. If you can show that you are not in fact subject to the 10 year bar AND that you were never in the US illegally (which may be an entirely separate issue) you could try applying for the visa again at a US consular office in Canada and explain why the previous denial was mistaken. You would still have to convince the US visa officer of your intention to return to your residence abroad.

Otherwise, your visa might be denied anyway, even if you can overcome the issue of the 10 year bar. I would strongly suggest that you be represented by a competent immigration lawyer if and when you make this application. If the visa is still wrongfully denied because of the 10 year bar issue, the State Department Visa Office in Washington should be able to help. If, however, the visa is denied because the visa officer does not think that you intend to return to your residence abroad, you should not expect any help from Washington.

The above is general information only, not legal advice. It does not create an attorney-client relationship. 

Roger Algase

Attorney at Law

algaselex@gmail.com

I believe that someone may have been trying to contact me about my previous message and that the person's email may have been deleted from my inbox by mistake. It this is the case, I apologize. The person should feel free to contact me again. If this was not the case, please disregard this message. This is not a solicitation to contact me.

Roger Algase

Attorney at Law

New York NY

algaselex@gmail.com