Reentry on H1 after Deportation

**mprasad** · 07-21-2007, 08:33 AM

Hi,

I left my country on F1 visa in December 2004 and claimed asylum at the port of entry in Atlanta. I was detained by INS and my asylum was approved by the asylum officer and moved to the immigration court. I was detained for 8 motnhs after which I was given a hearing befoer the IJ. As i did not have any lawyer to represent me, I withdrew my asylum application before the Ij. The INS issued me an I-294 stating that I was ineligible to enter the US for a period of 10 years and deported me back to my coutnry of origin(INDIA). Now I would like to go back to the US on a H1-B. I went to school in the US and have a clean record except for the deportation record. Will I be eligible to apply for a waiver and reenter the US legally on a h1-b/
Your advise would be very valuable to me.

Thanks

**aaron** · 07-23-2007, 04:47 AM

You haven't described any basis to obtain a waiver. If you believe you are eligible, or simply wish to take a chance, you would apply for a waiver with form I-212.

**mprasad** · 07-23-2007, 11:06 PM

On what basis can I obtain a waiver? I am not sure about the grounds on which I can obtain a waiver. I remeber the IJ telling me that I can ask for a waiver. So, please tell me on what grounds will I be elgible for a waiver??

I also looked at form I-212. It says that only people who were excluded from admission and removed or deported more than one year ago need to submit this application form. I was deported in August 2005 which is more than a year ago. Should I still submit this form?

Thanks