Reentry After Deportation for Visa Waiver Overstay

[fabiocao1980]

Hi there,i'm an italian citizen and back on august 2001 i was deported cause i overstayed my visa waiver(i overstayed 176 days).I was caught on a greyhound bus from dallas to las vegas and taken into custody at el paso ins centre.after 2 weeks i was sent back to italy(i did pay myself for my ticket home,i've asked to do it cause i tought it would look good if i wanted to gain reentry to the US).
i do believe i've got a 10 year ban but i'm not really sure about it.Whats the procedure in order to reapply entry right now?or should i just forget it and wait august 2011 that's when the 10 year would expire?
and let's assume i want to go back to the states after august 2011,what are my chances of getting a visitor or tourist visa?I was also looking to invest in a property in the states shortly,would be any chance that make things easier for me once i'm gonna apply for a visa to reentry the states the fact that i'll have a house there?
i've also filed for the FOIA and i've been waiting over a year and half to receive it so i can show a lawyer my file and see what he thinks.

i'm just trying to find out the best way to have the most chances to have my visa approved once the 10 years are over.tell me if these fact is correct:

i've been previously removed so i can't use the visa waiver anymore .correct?

so i guess after the 10 years bar expires if i want to travel to the states i would need to go apply for a visa at the embassy. correct?

let's say i want to go there to visit,so i apply for a tourist visa,what are the chances to have my visa approved considering i've been deported for overstay 10 years before?is it usually a big wall to climb?i want you to consider that before that time i've been deported i've been other 3 times in the states and i've never overstayed my visa waiver(not sure if that would affect in anyways their decision to grant me or not the visa)

also,i was thinking as we speaking to buy in the next few months a property in florida so by the time i'll have to go apply for my visa at the embassy(sometimes in 2011)i'll own a property in the states?so what i wanted to know is,owning a property in the states would work to my favour and look good to the eyes of the person looking at my visa application at the embassy or wouldn't really make any difference?

One last thing,when i spoke to an immigration attorney he found very strange that i was barred for 10 years even tough my overstayed was less than 180days.and i did pay the ticket with my own money.Do you find that fact strange too?

Thanks a lot for your time

[Mr. Knowitall]

Perhaps you didn't accept voluntary departure, or it wasn't offered for some reason, and you went all the way through deportation proceedings, with the ten year bar resulting from your removal order. Normally I would have expected you to be offered voluntary departure, with no resulting period of ineligibility based upon an overstay of less than 180 days. But all we can do is guess.

You are no longer eligible for the visa waiver program.

We have no way of estimating your chances of getting a visa. Expect to document your ties to your nation of origin, and to show why you should be believed in relation to your promise to return home before you go out of status. You should not expect that owning a vacation property in the United States would help you get a visa.

[fabiocao1980]

I understand,so from your words i get that i would have to wait that the 10 years are over and then apply for a visa at the embassy and be ready to document my ties to my country of origin.

In regards to your guess about them offering me voluntary departure,i don't remember if it did happen or not cause i was very confused when they stopped me,all i remember was them taking them to el paso immigration detention center and they kept me there for 2 weeks,i've asked to pay for the ticket back myself got in touch with my embassy in houston and they organized my departure.

[philslyn]

Ok after your 10 year ban. you can try to apply for a tourist visa. didnt you said you are going to apply for atleast a tourist visa. and now u want to buy property here? so u are intenting to stay again.
Listen buying a house here doesnt mean u can get a paper, But
If u atleast spend 500 thousand dollars worth of business, and 10 employee u can get ur greencard. ( as an investor)
Now lets go back.. to ur problem. all u can do is try to apply at ur embassy there. and really convince then the purpose of your stay here has no intention on staying forever.
If you have economic ties there, like job, business or going to school thats an added point of chance for u.
Remember as a tourist here, u must show or prove to them that you have a reason to go back to your country of origin.
God i recently sent out a foia for one of our client. and they are just taking forever.
well the client was in removal proceeding and has 30 days to appeal at that time. but with ur case , i wud send another attempt. besides your lawyer should be doing it. and requesting for it. do u have any relative here?

[fabiocao1980]

Thanks for the reply.In regards to the FOIA after 1 and half year i've checked the status online and it says that my request was processed on december 12th so hopefully i'll finally get my file within a couple of months(let's pray).
from what you're saying i guess i gotta wait that the 10 years are over and then apply regularly at the embassy and hope they believe what i am saying right?
and of course since i've been removed i can use the visa waiver anymore.

yes i would apply for a regular tourist visa of course.The house situation it's only because i think it's a sound investment to purchase a property at this present moment in miami and would besides give me a good return on investment also have a place to stay if i want to spend some holidays there,you know what i mean?
i just don't want the people at the embassy to get this fact twisted and take this into account the wrong way.

one question,don't you find it strange as well cause i overstayed less than 180days and i've even paid my ticket back home and still they barred me for 10 years for a simple visa waiver overstay?
do you think after i receive my file there'll be anyway to be able to get a visa before the 10 year ban expires or not?

Thanks for your time

[Mr. Knowitall]

So far we don't even know exactly what they did. That's somewhat prerequisite to our trying to guess why they took particular actions.

[fabiocao1980]

alright,well i guess i'll post some more news once i've received my file so i'll know exactly what happened according to the papers.

Thanks

Fabio