Immigration Issues/Returning to visit
We (I and my wife and little girl) came to US to visit friends. During our stay we applied for assilum from SA. Were before immigration judge who denied it because of the fact that we have not being attact or hurt (we try to prevent that) Our lawyer had us file a motion to reconsider which also failed. Now we were ordered to leave the country. Questions as follow: 1- Can we return to visit again and is there a time factor, and 2- do we have to go back to SA or can we go elsewhere and 3- could we apply for immigration to US in future?
If you stayed more than 180 days from the deadline on the I-94, there is a 3 year bar. If you stayed more than 1 year after there is a 10 year bar. Your daughter is not subject to these bars if she is under 18. As far as immigration is concerned you can go anywhere that will take you other than here. If you did not overstay more than 180 days, you can try to reenter ont he smae vis if it was not cancelled or immediately apply for a visa when you get back. Otherwise you can try when the bar period is over.
If your lawyer reserved appeal from the Immigrastion Judge's decision, you can appeal if the time has not run out.