212(a)(9)(c)(i)(I)

[Gus1986 1]

My wife was born 1988 and first time she came to the US she was a child 4 years old. I'm a US citizen as our 3 Daughters, they refused her visa. It's there anything I can do?  Ineligible for a visa under the following sections of the Immigration and Nationality Act (INA):
 
•        212(a)(9)(B)(i)(II): any applicant who has resided unlawfully in the United States for more than 365 days.
•        212(a)(9)(C)(i)(I): any applicant who enters or attempts to enter the United States without inspection after having been unlawfully present in the United States for an aggregate period of more than 365 days.
 
she entered the United States without inspection in 1992 and remained unlawfully within the country until March 2007.  She reentered the United States without inspection in November 2008 and remained unlawfully within the country until January 2018. 
 
Though approved form I-601A, Application for Provisional Unlawful Presence Waiver applies to the ineligibility under section 212(a)(9)(B)(i)(II) of the INA, it does not waive an ineligibility under any other section of the INA. Based on the additional ineligibility under section 212(a)(9)(C)(i)(I), the I-601A waiver has been revoked.
 
An individual found ineligible under section 212(a)(9)(C)(i)(I) cannot apply for permission to reenter the United States until 10 years after his or her date of last departure. There are no exceptions to this ineligibility. Therefore, cannot apply for permission to reenter the United States until after January 2028.

[Roel 7,192]

Well your only option might be to just wait out the ban. Or move to your wife. 

 

I'd speak to immigration lawyer. 

[Starkilla09 366]

There’s nothing any attorney can do for now. Once a permanent 9C bar is issued for a second unlawful re-entry or attempted re-entry, the alien is automatically bared and MUST wait 10 years out of the U.S. before filing a waiver. It’s unfortunate but your wife must wait 10 years before she will be eligible to submit another waiver. The only means of reunification will be visiting often of moving to where your wife is while the bar fades.

Edited June 23, 2018 by Starkilla09

[Boiler 45,527]

Sounds like she left in January this year so has the 10 years before being able to file a waiver.

 

Border living, I know some do that, I assume the children are also Mexican citizens (they just scored btw) so you would need to be the one to immigrate.

[Chulita34 6]

Starkilla09  do you know for a fact an attorney cannot help as I have the same situation and they said my husband inadmissibility would expire may 2028 but yet it states we could fill out waiver I-601 although we already filled out I-601a before he even left for his appointment . ? Please advise if it is worth paying 100 dollars to a lawyer that will tell me there is nothing I can do at this point ?

[Jojo92122 1,924]

10 minutes ago, Chulita34 said:

Starkilla09  do you know for a fact an attorney cannot help as I have the same situation and they said my husband inadmissibility would expire may 2028 but yet it states we could fill out waiver I-601 although we already filled out I-601a before he even left for his appointment . ? Please advise if it is worth paying 100 dollars to a lawyer that will tell me there is nothing I can do at this point ?

Google "9C permanent bar must wait 10 years before waiver."

[sylcar 2]

I am waiting for a I601 and a I212 waiver since Aug 2017. I hope both get approved soon! He was banned for 10yrs and I am not about to wait the 10yrs, I know that I212 should help with not waiting that time.

[Visitor User 253]

She left USA in March 2007 while she was in Overstay status? Did you file for her AOS before March 2007 or married after that date? 

[BenevolentSith 6]

On 8/15/2018 at 9:35 AM, Chulita34 said:

Starkilla09  do you know for a fact an attorney cannot help as I have the same situation and they said my husband inadmissibility would expire may 2028 but yet it states we could fill out waiver I-601 although we already filled out I-601a before he even left for his appointment . ? Please advise if it is worth paying 100 dollars to a lawyer that will tell me there is nothing I can do at this point ?

Was your husband charged under 212 (a)(9)(C)(i)(I) as well?

 

Check the documentation he was given when he was removed. It is conceivable that your husband is inadmissible due to being physically removed (212(a)(9)(A)(ii)(I)), and overstayed, in which case you can file I-212 right away. 212(a)(9)(A)(ii)(I) is a 10 year bar, but you can apply for I-212 at any point within the 10 year period.

 

If he gets the 9C1 ban, the ban doesn't expire in 10 years. It's a lifetime ban. And you have to wait outside the United States for over 10 years before you are even eligible to apply for the waiver.

Edited August 20, 2018 by BenevolentSith

[Gus1986 1]

On 8/19/2018 at 11:15 PM, Visitor User said:

She left USA in March 2007 while she was in Overstay status? Did you file for her AOS before March 2007 or married after that date? 

Parents crossed her when she was 4 years old, at 18 year old and 5 month she left with her parents in march 07. One of them Bar shouldn't be applying to her because she was under aged and once she turn 18 it start adding up. She left before 180 days and she had a waiver when she reenter. I married her in 2016. First child in 2010. Now lawyer wants to go to court 

[Boiler 45,527]

4 hours ago, Gus1986 said:

Parents crossed her when she was 4 years old, at 18 year old and 5 month she left with her parents in march 07. One of them Bar shouldn't be applying to her because she was under aged and once she turn 18 it start adding up. She left before 180 days and she had a waiver when she reenter. I married her in 2016. First child in 2010. Now lawyer wants to go to court 

Why does the Lawyer want to go to Court?

 

She is 9C according to the information you have given.

[Gus1986 1]

4 hours ago, Boiler said:

Why does the Lawyer want to go to Court?

 

She is 9C according to the information you have given.

Because one of them bars shouldn't applied to her. A minor who is unlawfully present while under age 18 does not accrue any time toward the 3 or 10 year bars. Upon turning 18, he begins to accrue unlawful presence toward the bars. 

[p-ana 933]

14 minutes ago, Gus1986 said:

Because one of them bars shouldn't applied to her. A minor who is unlawfully present while under age 18 does not accrue any time toward the 3 or 10 year bars. Upon turning 18, he begins to accrue unlawful presence toward the bars. 

But she entered again and stayed illegally for 10 years, so she’s got the overstaying bar 

[Gus1986 1]

10 minutes ago, p-ana said:

But she entered again and stayed illegally for 10 years, so she’s got the overstaying bar 

Which she had a waiver for that entry. Only reason they revoked it was because the first entry as a minor but that shouldn't count because she was a minor and didn't passed 180 days of unlawfully presents after 18

[Boiler 45,527]

2 hours ago, Gus1986 said:

Which she had a waiver for that entry. Only reason they revoked it was because the first entry as a minor but that shouldn't count because she was a minor and didn't passed 180 days of unlawfully presents after 18

If your Lawyer is telling you this then sack the lawyer and appoint one with a knowledge, this is basic stuff.

 

There is a 9C ban, nothing to do with an illegal presence ban, being a minor different ban.