What kind of waiver and when? 212(a)(9)(C)(II)

[positivity 0]

Hello. This is kind of complicated so I will do my best to be clear.

Basic Timeline:

2003 - I-129F filed with FOIA record showing VR in 1999, APPROVED

April 2004 - Interview at Juarez, fiance didn't know exact dates for prior VR's so Officer sent us for fingerprints which showed that two VR's took place at the border in 1998.

Result: Visa denied per 212(a)(9)(C )(II) *law at bottom

Paper given to us - English side says nothing regarding a waiver. Spanish side says that "No waiver (lit. "pardon") is available until until 10 years have passed" and the office wrote "(2009)"

2008 - Now we are married and have filed an I-130.

MY QUESTIONS:

1. What kind of waiver is usually filed in these cases?

2. The law says "more than 10 years after the alien's last date of departure" - Does this mean the exact date (mm/dd/yyyy) or just the year?

I would like to hear from you if you are familiar with this, and if you have had any personal experience with this specific law. Thank you!

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* Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(9) 12/ ALIENS PREVISOUSLY Removed.-

(C ) Aliens unlawfully present after previous immigration violations.-

(i) In general.-Any alien who-

(II) has been ordered removed under section 235(b )(1), section 240, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.

(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, 14a/ 6aa/ the Secretary of Homeland Security has consented to the alien's reapplying for admission.

[emt103c 10]

The paper you were given is correct. The person charged with 9C2 has to be outside the U.S. for ten years before there is any waiver available. If this has been met, then you must file an I-601 hardship waiver. You can find a lot of information about this waiver on the CDJ webside and the immigrate2us.net website.

If the person reentered EWI after being charged 9C2, they would have to exit the U.S. for ten years before being eligible.

[emt103c 10]

It means ten years to the date. You would go ahead an get everything in process early, ex: once the I-130 is processed, you will want to set up the appointment to come after the ten years is up. You will then be expected to set up an appointment to submit the waiver. They now have a pilot program where you will get on-site adjudication. You will want to look on immigrate2us.net for information about that too. There are tons of people with experience about it there.

[salcondeb 0]

My husband went to the Consulate in Jan of 2015 I sent the paperwork to Phoenix end of Jan, My son informed me they got the paper work Jan 28,2015 how long dose it take. I have stage 3 kidney failure and I need him to come home

[TBoneTX 45,853]

Welcome to VisaJourney! You've posted in a 7-year-old thread. Please start a new topic (in this forum, if you're discussing a waiver), with a clear title/subject for your thread and adequate details about what you're talking about.

Closing the current thread to further comments, because of its age.

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