IR-5 Help..Petitioned for ParentAfter 10 year ban

[Help52 0]

Hey Everyone,

I'm new to the thread and I need someones help. I am too anxious to wait for a response from my lawyer and I need some input on this situation...

My parent came to the US as a visitor in 1989.

Had an immigrant visa petition filed by her brother..

Fast Forward, parents were put into deportation proceedings, then given motions to reopen, motions to reconsider, then finally given voluntary departure. My parents didn't depart within that time frame, because a judge kept extending there deportation orders.. Letter finally comes in the mail in 2003 from embassy saying the immigrant visa is ready, come to the consulate and process paperwork..

Parents leave, they are told they were unlawfully present and triggered a ten year ban. On the letter from the consulate, she put the embassy regrets to inform you because of the following:

Section 212(a)(9)(a)(ii) and Section 212(a)(9)(b)(i)(II)

I'm not sure what those mean, but i'm assuming they have something to do with the 10 year bar that my parents triggered.

If someone would be so kindly to define these to me, it would be greatly appreciated. I looked them up online, but I was so lost because the wording was very confusing.. If you could put them into terms someone like me could understand, that would be great.. Also, I have a question, if my parents were given both of those inadmissibilities, would that make them have a 20 year ban? Or just a 10 year ban? Help me, please. I am literally freaking out..

Fast forward to today, I had filed all the appropriate documents on behalf of my parents as it has been over 10 years. We get an interview at the US Embassy abroad, and we go up to speak with the consular officer, who basically tells me she wants all the papers from the immigration judge back in the states, because based on the notes in the computer from my parents previous visit at the Embassy, my family maybe inadmissible to the US permanently, which makes no sense, because my parents never committed any crimes, and kept a clear record for there names. No criminal record what so ever.

Any help would be greatly appreciated.. Im just stressed out and bummed that they are doing this to us..

Thank you to everyone!!

[belinda63 3,038]

The codes you gave are the standard you have a ten year ban notes. The question is what happened when they went for the first immigrant visa? She might want the records from the courts to verify what the parents said at that interview match with what actually happened.

[Help52 0]

Thank you for responding! The Consular at the time told my mother that she had overstayed her visa, and wanted proof how they were given departure orders that were constantly extended. We had brought in paperwork from the Immigration offices in the US, but they didn't satisfy her. She wanted to know how my siblings and I went to public schools legally, although we had paid taxes every year.

Do you think she's just trying to pull my leg here? I don't understand why she is being so rude. She asked for all the judges decisions, and I requested a FOIA last year, but they blocked out lots of pages, and I only have like 2 orders from the judge.

Also, those codes that I entered above mean that they were only given a 10 year ban, correct?

Thank you

Thank you so much!!

[Hypnos 6,576]

You should speak to an experienced immigration attorney, or several.

[aaron2020 11,651]

Thank you for responding! The Consular at the time told my mother that she had overstayed her visa, and wanted proof how they were given departure orders that were constantly extended. We had brought in paperwork from the Immigration offices in the US, but they didn't satisfy her. She wanted to know how my siblings and I went to public schools legally, although we had paid taxes every year.

Do you think she's just trying to pull my leg here? I don't understand why she is being so rude. She asked for all the judges decisions, and I requested a FOIA last year, but they blocked out lots of pages, and I only have like 2 orders from the judge.

Also, those codes that I entered above mean that they were only given a 10 year ban, correct?

Thank you

Thank you so much!!

Paying taxes does not mean that your siblings went to school legally.

All people including those living in the US illegally are required to pay taxes.

[Mark88 183]

Do you think she's just trying to pull my leg here? I don't understand why she is being so rude. She asked for all the judges decisions, and I requested a FOIA last year, but they blocked out lots of pages, and I only have like 2 orders from the judge.

Your parents were in the US illegally, and eventually deported. I wouldn't expect premium processing here in your case.

You should speak to an experienced immigration attorney, or several.

Definatly agree. This is one of these cases that you need someone with a lot of expericence to handle, since you already noticed above, they cosulate is going to put your parents case under extra special by the book review.

[Help52 0]

I understand that they are going to put my parents case under scrutiny, but all the documents I have from embassy and immigration say she is inadmissable for 10 years. I also have a letter from the Dept. of State saying she only has a 10 year ban. The consular officer specifically asked for the orders from the immigration judge. I called the immigration office back in the states, and they told me the only orders that were given to my parents were in 1999 and 2002. Should I go ahead and submit them? Or should I wait and speak with an experienced attorney and show them copies of it all.

Here is what the Orders from the judge had said:

Applicant was granted voluntary departure until May 31,2000.

Respondents application for asylum was denied.

Respondents application for witholding of deporation was denied

Respondents application for suspension was denied.

Then the Dept. Of Justice board of Review gave us an order from the Immigration Judge saying:

Upon Consideration of Respondents Motion to Reopen proceedings filed in the above entitled matter, it is HEREBY ORDERED that the motion be granted.

Alien was excluded or deported pursuant to proceedings commenced prior to April 1, 1997.

Because the service hasn't effected your deportation or removal during the period prescribed by law, it is ordered that you be placed under supervision and permitted to be at large under the following conditions:

Judge order from 2002

Section 241(a)(1)(B) INA- as amended alien has remained in the US for a longer period of time than permitted after admission as a non-immigrant.

Application: Reconsideration of grant of motion to reopen

The service filed a motion in Dec 2001, for reconsideration of the courts earlier decision, granting respondents motion to reopen his deporation proceeding.

It is ordered that the service motion for reconsideration is granted.

It is further ordered that, on reconsideration, respondents motion ro reopen is denied.

Can anybody please tell me if this means that they've aquired a lifetime ban, because based upon what I'm reading and what it says here, that she was only given a 10 year bar at the embassy, and the immigration courts just ordered her removed.

[Mark88 183]

So they were granted a stay of deportation and left the country in 2003? Did they leave in 2003 because they were deported, agreed to a voluntary departure, or did they "just go on a trip" to the embassy?

[Help52 0]

Hi Mark 88,

They were given voluntary departure.. The reason my parents left was because my mothers brother had filed an immigrant visa application on her behalf and it's priority date had become current. They gave her an interview and time to come to the consulate abroad.

Once she reached the consulate they said she had triggered a 10 year ban. IE that is how I got those codes I had referenced above because they were given to my parents on the denial form as to why they weren't given visas.

I'm not sure as to why the consular officer would say that they might be permanetly ineligible? Any insight would be helpful.

Thank you for responding, Mark.

[Mark88 183]

Here is what I don't understand: When leaving the US in 2003, did they think you would just have leave and get a new visa, even beeing illegally in the US for over a decade?

They might have a 10 year ban, for their overstay of their visa in 2003. In theory this is lifted. Now the had a total new visa application done, and court charges are probaly an issue. This could trigger the life long ban. Get an attorney, this is really serious.

[Help52 0]

I did! Laurel Scott! She's the best! I am no longer worried!!

[Darnell 8,478]

back in post #1 you mention an attorney. what news from the attorney? are you camping out at the office door ?

[milimelo 4,477]

Respondents application for asylum was denied.

This could be the reason. Filing frivolous asylum claims just so you can stay can get you a permanent ban. Parents are from which country?

[Jawaree 717]

Frivolous IF found to be so by an IJ only, yep get an atty....good one

[Help52 0]

There were no frivolous claims to be found inside there application for asylum, I have a copy. It says they were found credible, but since they had an immigrant petition going by a family member, they were denied. I also sent a copy of that to Laurel Scott, she went over all documents, and said nothing was found to frivolous of fraudulent.

So, were in the clear here.