Is there a loophole to the 10 year bar after being asked to leave the country?

Question

My friend came with his parents when he was 12 under his mother's case. They came as visitors, asked for asylum got denied. Kept appealing, got denied. His mom's case eventually didn't work out and after so many years they were told to leave in 2003. But they never departed voluntarily and now they are living w/o work permits and licenses because they've been denied. He is now 28. A lawyer told them not to leave the country since it's too late and to wait out the 10 year bar before they can apply for anything. Someboy else told them 5 years. Are there any loopholes to the 10 year bar? Does anybody know the rule?

Answer 1

you cannot wait out the ten year bar as it is not applied until after you apply for the immigrant visa or adjustment of status. if he entered with a visa and still has proof of such then if he was to marry a u.s. citizen he could apply for adjustment of status here in the u..s. and not be subject to the ten year bar, if he has not ever left the u.s. since he entered with his parents. if he has an "A" file number he needs to make sure that an order of deportation has not beenn issued in absentia.

Answer 2

Once you leave the country is very hard to come back in with the status. The only loophole I see for him is to marry someone who is citizen and apply to partition him out from his wife status.

Answer 3

how about they follow the law and stand in line like everyone else...I don't mind immigrants but do it the right way. there are thousands of people trying to do it the right way that are being run over by people trying to take shortcuts...don't try.

Answer 4

You cannot "wait out the 10-year bar" while inside the U.S. The 10-year bar is triggered by a departure after a period of unlawful presence of one year or more.

At the moment, your friend and his mother are at large in the U.S. She and he have exhausted their appeals. They were granted voluntary departure in lieu of deportation. When someone fails to depart during their voluntary departure period, the deportation order kicks in.

They would be wise to avoid any law enforcement officer who can enforce the immigration laws.