Ban Waiver - Chances and Time Needed

[Francis]

Hey guys

About 8 years ago I traveled the US using the visa waiver program. Because of an overstay of 3 months a was given a 10 year ban. According to the lawyer I have hired back then this amount of time is very unusual for so little time of overstay. I didn't commit any crime, had no criminal records, didn't work, never got in touch with police... Probably the officer that was issuing the ban just happened to have a bad day, obviously they are pretty much free in their decisions. Anyway after I got home I didn't care about the ban too much.
Last year I signed up for the greencard lottery and have now been selected. I would have really good chances to actually get a greencard. The only one issue is the ban because I have to enter the US in order to activate the greencard before September 2013. Can I try to file I212? Or do I need to file something else? I dont want to hire a lawyer. Since there are many uncertain factors I dont want to end up paying thousands of dollars for nothing. But I would like to try at least something myself.

Maybe you guys can give me some advice
regards
Francis

[Mr. Knowitall]

The ten year ban did not result from overstay - that would have only been three years. Give us the INA section that was cited as the basis of your ten year period of ineligibility.

[Francis]

The ten year ban did not result from overstay - that would have only been three years. Give us the INA section that was cited as the basis of your ten year period of ineligibility.

well thats what everyone else told me, too. but still there was nothing else but the overstay for 3 months. And back then I was not even given the possibility to leave voluntary, even though I requested that...

but it clearly says:
"... as a consequence of your having been ordered removed under any section of the Act other than section 235(b)(1) or 240, or of your having been ordered excluded under section 236 of the Act of proceedings commenced prior to April 1, 1997."

[Mr. Knowitall]

Well, quite clearly "eight years ago" was not "prior to April 1, 1997", so that leaves INA 235(b)(1) or 240. Sec 235 relates to screening upon entry, and you claim you entered lawfully, so we're down to Sec. 240.

(7) Limitation on discretionary relief for failure to appear.- Any alien against whom a final order of removal is entered in absentia under this subsection and who, at the time of the notice described in paragraph (1) or (2) of section 239(a) , was provided oral notice, either in the alien's native language or in another language the alien understands, of the time and place of the proceedings and of the consequences under this paragraph of failing, other than because of exceptional circumstances (as defined in subsection (e)(1)) to attend a proceeding under this section, shall not be eligible for relief under section 240A , 240B , 245 , 248 , or 249 for a period of 10 years after the date of the entry of the final order of removal.

So... the implication would be that you failed to attend a hearing. You are free to look at the statutes and see if you can come up with any alternative theories.

[Francis]

so the officer has made a mistake, I do not know. All I do know is that I had an overstay of 3 months and I was sent back to my homecountry after some detention. There really wasn't anything else, what reason to lie here would I have anyway...
The only thing that I am asking now is how I could try to wave the ban...

[T53147]

Nothing that you have said makes it appear that you have any reason to seek a waiver. Get an attorney to review your situation.

[Mr. Knowitall]

There's no reason for you to lie here, no, but there's every reason to think that you aren't clear on what happened. If you can't tell us the facts, the best we can do is guess - which does you no good.