I-130 Refused & Check on Section 212a 9 B(i)(ii)

[_FJ_ 0]

My Uncle(Chachu) has sponsored my Father and my family in Jan 1998 under I-130 Form Process.It was approved in 28th Jan 1998.

After having an interview on 9-Aug-2010 the officer concludes that your case has been temporarily refused for further administrative processing and also check on a box Section 212 (a)(9)(b)(i)(ii).

Recently heard that I-601A form can be used to request a provisional unlawful presence waiver under Immigration and Nationality Act Section 212 (a)(9)(B), i want to know that if i process this form would my case be justified ?

[apple21 953]

Your father got a 10-year bar?

[_FJ_ 0]

Your father got a 10-year bar?

I suppose 3 years bar.

[_FJ_ 0]

To be honest my father has spent a-lot of money on this case and He's fed-up now But i still have some hope left though i am already out of this case as i am above 21 years old bar.1 more thing i forgot to tell is that some of the documents are also incomplete (ie: the Police certificates of my mother and brother ) which can be completed.

[sony2001 7]

Where is your father now in US or home country?

[_FJ_ 0]

Where is your father now in US or home country?

In Home country ,deported actually.

[sony2001 7]

We are kind of same situation,but we didn't got deported just left,and now we have to serve the ban for 2 more years and than get the visas

[aaron2020 11,651]

In Home country ,deported actually.

When did you father get deported?

How long did he overstay?

He may be fed up, but it is all his fault. He decided to break US immigration laws and this "delay" to serve his ban is the penalty.

If he ha played by the rules, he would have been an LPR by now and so would you.

Edited March 8, 2013 by aaron2020

[_FJ_ 0]

When did you father get deported?

How long did he overstay?

He may be fed up, but it is all his fault. He decided to break US immigration laws and this "delay" to serve his ban is the penalty.

If he ha played by the rules, he would have been an LPR by now and so would you.

1.Around Dec 2008 if i remb. right.

2.They charged him more than a year .He did overstay but their he fulfill all the legal formalities.The thing is they are not accepting it.

They would have flatly refused the case but they didnt , as i said before the officer at embassy concludes that your case has been temporarily refused for further administrative processing..

3.The 3 year bar Ban is also over.If i am not wrong.

[NigeriaorBust 4,087]

If the overstay is over a year it is a 10 year bar not 3

[aaron2020 11,651]

1.Around Dec 2008 if i remb. right.

2.They charged him more than a year .He did overstay but their he fulfill all the legal formalities.The thing is they are not accepting it.

They would have flatly refused the case but they didnt , as i said before the officer at embassy concludes that your case has been temporarily refused for further administrative processing..

3.The 3 year bar Ban is also over.If i am not wrong.

He overstayed more than a year, so he has a 10 years ban after deportation. That means he is not eligible for an immigration visa until Dec. 2018.

You are wrong that it is a 3 years ban. Your father has a 10 years ban.

The US Embassy is properly applying the law.

Edited March 10, 2013 by aaron2020

[_FJ_ 0]

He overstayed more than a year, so he has a 10 years ban after deportation. That means he is not eligible for an immigration visa until Dec. 2018.

You are wrong that it is a 3 years ban. Your father has a 10 years ban.

The US Embassy is properly applying the law.

OK I'm not sure mb he got 10 years ban. Is there any possible solution ?.

[aaron2020 11,651]

OK I'm not sure mb he got 10 years ban. Is there any possible solution ?.

No. He broke US immigeation laws by illegally living in the US and this is the penalty. There is no solution. Forgiving him would only encourage more people to break US immigration laws. The penalty is to discourage people like him from breaking US immigration laws.

[_FJ_ 0]

No. He broke US immigeation laws by illegally living in the US and this is the penalty. There is no solution. Forgiving him would only encourage more people to break US immigration laws. The penalty is to discourage people like him from breaking US immigration laws.

Like i said, he didn't break any law he did overstay there but all the legal formalities was done.

[aaron2020 11,651]

Like i said, he didn't break any law he did overstay there but all the legal formalities was done.

If he didn't break any laws, then why was he deported? People who obey US immigration laws do not get deported. Only those who break the laws get deported. Overstaying is breaking the law.

Didn't he live here for over a year illegally? Isn't that breaking US immigration laws?