Q: Re-entry after a possible 10 year ban
2008 - I was admitted to a US school and entered US on F1
2009 - I went out of status because didn't attend school.
2010 - I filed withholding of Removal I-589 with USCIS
2011 - Attended I-589 hearings
2012 - Attended I-589 hearings
2013 - Did not Attend I-589 hearings and left US
2014 - Immigration Judge has ordered removal in my absence
2024 - 10 years have now passed and I want to go back to US for a Research MS program under F1
I know 10 years have passed but do I have to file any waivers other than the DS-160 F1 application?
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A:
Your situation requires careful consideration due to the previous removal order. While 10 years have passed since your departure, the removal order remains active and must be addressed before pursuing new entry.
You'll need to file Form I-212 (Application for Permission to Reapply for Admission) to address the removal order, in addition to your DS-160. This step is crucial because leaving during pending removal proceedings and receiving an in absentia removal order can trigger specific immigration consequences beyond the 10-year ban.
Consider consulting with an immigration attorney who can review your complete case history and guide you through this process. They can help determine if you need additional waivers, assist with gathering supporting documentation, and develop the strongest possible case for your return as an F1 student. Immigration consequences can be complex, and professional guidance could significantly improve your chances of a successful application.
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