Automatically Ineligible?

[Help786 0]

Hello Guys,

Hope someone can answer my question because I am really confuse.

Today, when I called the DOS (I do not mean the 202-663-1225) this was a different number. A lady answered the phone I told her about our case and our situation that, my wife was found ineligible back in 2007 for misrepersentation & unlawful presence, after which we filed waiver which was denied in October 2009, later we filed an appeal in later 2009 which was approved in February 2010 for misrepersentation by CIS office. However, they never approved unlawful presence in the approved appeal since the unlawful presence was for less than 180 days and in our initial denial by CIS office they mentioned that "Additionally, the Consular Officer found that you are inadmissible under Section 212(a)(9)(B)(i) of the INA for being unlawfully present in the United States from xxxx xx, 2007 to xxxx xx, 2007. Since this admitted period of unlawful presence is less than six month, USCIS does not additionally find you inadmissible under this section."

Our case has been put under AP since mid March 2010 require approval for unlawful prsence, we have provided documented quote from CIS office but neither office is listening. Do you have any contact information or someone who i can contact to resolve this matter or any other way?

Back to the phone call... the lady who answered said that if someone enters without inspection then they are ineligible even if they stay less than 6 months. Is this true? No where in law have I read that if someone stays for less than 6months than they are ineligible for visa since it breaks no law, please give me your insight as if to what this lady said is correct? It will 3years since seperation from my wife and no reply from either consulate or CIS office and when you call to get help the puts you in greater frustation.

Please help, srry for the long post.

Thanks.

[emt103c 10]

In this case, the EWI would make no difference. If the overstay is less than six months, there is no ban. . .even if there were, from 180 days to 364 days is only a 3 year ban, and since she's been outside the US for almost three years now. . .at three years, that would expire. . . .

You need to write a letter using the approval letter from USCIS as your documentation. You need to quote the INA 212a9b to them and quote the dates of illegal presence. Write it as a legal letter. Send a copy to the Consular Section, and to the director of the Embassy. You also need to get your Senate and/or House immigration liaisons to write a letter of support for your letter. If the information you present here is complete and accurate, you are in the right and they have made an error. You have to make yourself heard. . .be professional and direct in the letter. . .be humble and deferential, but make sure that they know that you understand the law.

[Help786 0]

In this case, the EWI would make no difference. If the overstay is less than six months, there is no ban. . .even if there were, from 180 days to 364 days is only a 3 year ban, and since she's been outside the US for almost three years now. . .at three years, that would expire. . . .

You need to write a letter using the approval letter from USCIS as your documentation. You need to quote the INA 212a9b to them and quote the dates of illegal presence. Write it as a legal letter. Send a copy to the Consular Section, and to the director of the Embassy. You also need to get your Senate and/or House immigration liaisons to write a letter of support for your letter. If the information you present here is complete and accurate, you are in the right and they have made an error. You have to make yourself heard. . .be professional and direct in the letter. . .be humble and deferential, but make sure that they know that you understand the law.

Thanks,

Can someone please help me write the letter? I can later fill in the missing information.

Please help.

[emt103c 10]

I'm really sorry. We could help you edit the letter, but writing the letter for you (to me) would be like providing legal services, which I'm not licensed to do. If you write the letter, and we help you edit it, then you are acting on your own behalf and we are just offering rephrasing. . . . I am definitley not an attorney