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  • Re-entry

    Hello,

    I entered the US on a student visa in Aug 97 which expired in Dec 00. I was arrested by the INS in Dec 01 and released in an hour after they took my information/fingerprints, later placed in removal proceedings.

    During this time, I got married in Oct 02 which ended in a divorce in Sep 03. My last removal was in Feb 04 which had my voluntary departure set for Jun.
    I filed an appeal with EOIR in Mar 04 which was considered.

    The EOIR decision finally arrived in Feb 05 and they rejected my appeal stating that I had agreed for voluntary departure on the day of my removal proceedings and referred the matter back to the immigration judge. The EOIR decision was sent to my previous address in Feb, at the same time I sent a change of address to EOIR. I came back to India in last month.

    1. Would I be subject to the 3/10 bar?
    2. Since the EOIR decision was mailed at the same time that I informed them my change of address, would I be subject to overstaying the voluntary departure date?
    3. How long do I have to wait to reapply and what forms do I use?
    4. Would another marriage help?
    I'd highly appreciate your responses.

    Thanks,
    sk

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