Underage / political asylum denied but overstayed - can I enter back into US?

[wharton]

Hello,

I need some advice.
I went to the US in the end of 1990's with my family to flee political turmoil that was happening in my home country, and was 11 years old at the time. My mother then applied for a political asylum and I was part of her application. After waiting for processing and administration which took quite some time (about 4 years), we found out that our asylum was denied. There was also some issue with the mail losing our application and interview invites. We then received a letter of deportation.
Then we applied for an appeal, and remained pending with no further notice. After an additional year, we checked back for our status and found that our appeal was also denied.

I stayed for a few more years after that to finish my education, and voluntarily left the US after completing my undergrad. It has been about 5 years since I left the US, and I applied for MBA in one of well-known universities in the US. I was accepted and now have an invite letter to study in the US.

My question and concern is, is it possible for me to enter back into the US and apply for a student visa?

[mickey_mouse]

Hello,

I need some advice.
I went to the US in the end of 1990's with my family to flee political turmoil that was happening in my home country, and was 11 years old at the time. My mother then applied for a political asylum and I was part of her application. After waiting for processing and administration which took quite some time (about 4 years), we found out that our asylum was denied. There was also some issue with the mail losing our application and interview invites. We then received a letter of deportation.
Then we applied for an appeal, and remained pending with no further notice. After an additional year, we checked back for our status and found that our appeal was also denied.

I stayed for a few more years after that to finish my education, and voluntarily left the US after completing my undergrad. It has been about 5 years since I left the US, and I applied for MBA in one of well-known universities in the US. I was accepted and now have an invite letter to study in the US.

My question and concern is, is it possible for me to enter back into the US and apply for a student visa?

Had you left the country immediately after you lost the appeal, you would have a leg to stand on and apply for a waiver. But even after you knew you were denied the appeal, you made the decision to stay. In short - INA section 212(a)(9)(B)(i) applies to your case: "When unlawfully present in the United States for one year or longer, you are ineligible for a visa for 10 years after departure from the United States."

Talk to an immigration lawyer.