HELP HUSBAND DENIED VISA UNDER 212 A 9 B 11

[Chulita34 6]

my husband just got back his passport with a denial stating he is inadmissible  under 9B2 212a 9 b II because he was present in us for more than 365 day and that the inadmissible expires may of 2028 it states we can fill out a I 601 but we had filed and were approved for a I 601a before he left it also states 9C1 212 a 9 c 1 that we could fill out I 212 . Do I need to fill out both or what guarantee is that going to give me if we are approved that he can come back . I already proved my hardship with the I 601a and that did not work so why should I fill out the other form sending the exact same info ? PLEASE HELP I AM DESPERATE !!!! we have been together 13 years and married 9 they are breaking up my marriage for nothing they don't care..

[Crazy Cat 41,610]

Let's be honest here.  No one is breaking up your marriage.  Your husband chose to ignore US law, and he rightfully received a 10 year ban.  That was completely in his control. That is the harsh truth.  Now, you are left with few options:

1.  Seek the help of an immigration attorney.

2.  Try to submit the waivers yourself, and hope for the best

3.  Relocate to your husband's country to wait out the ban.

 

Personally, I would opt for #1.  Good luck to you and your family.

[Roel 7,192]

11 minutes ago, Chulita34 said:

 we have been together 13 years and married 9 they are breaking up my marriage for nothing they don't care..

They are not breaking up your marriage. You are always free to move to your husband country.

 

It looks like he was rightfully denied visa for overstay and received 10 year ban.

[Unlockable 7,314]

I agree with the others here. Your husband needs to own up to his mistakes. The blame goes solely on him for breaking the rules. Fortunately, you still have options as @missileman graciously outlined for you.

 

Good luck to you.

[Jojo92122 1,924]

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

[Crazy Cat 41,610]

2 minutes ago, Jojo92122 said:

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

Oh, My!  I didn't think about that......thanks for pointing this out......definitely limits the OP's options.....

[Chulita34 6]

his letter has both 212 a 9 b ii and 212 a 9 c I does that make a difference ? Or its 10 years no matter what?

[belinda63 3,031]

So he was deported and came back illegally?

[geowrian 22,337]

Sounds like a 9C permanent bar, only waivable after 10 years outside of the US. The approved I-601A was only for the unlawful presence bar, but has no applicability for any other inadmissabilities. It is also now no longer in effect...it not longer applies once refused the visa for another inadmissibility.

 

No way around this one...he needs to wait out the bar. You are free to join him.

[Boiler 45,317]

You have received a lot of good information, to be clear being 9C means nothing will happen for 10 years, after that options may be available but depends on his history how practical those may be.

 

I would plan on the one moving, looks like he may be in Mexico so Border living may be an option.

 

 

[Visitor User 253]

Permanent bar for what reason?

 

The 10 year bar for overstay only applies if he left the USA though.

[geowrian 22,337]

1 minute ago, Visitor User said:

Permanent bar for what reason?

 

The 10 year bar for overstay only applies if he left the USA though.

Sounds like he entered without inspection, and therefore could not AOS and had to interview for the visa abroad. That's what the I-601A was for. It has no use for AOS purposes...only when interviewing abroad.

It also sounds like he had either overstayed or been deported before, hence the 9C bar.

[firehawk66purple 0]

Never give up.I had two 10 years ban and one forever ban. I did my fight alone (no attorney)  and I won. I had stayed 5 years, because of the forever ban requires minimum stay out of USA... You need to file the 2 waivers again, because filing from USA and then being removed the 601 waiver doesn't have the same powers... The reasons for the 601 is different ,that's why they are denying you re-entry. You need to have all the abbreviations correct in the wavers, not to waive something that you do not have...every letter is important ((  9(c) (I)...ex))))). 

[firehawk66purple 0]

I was deported from USA in 2007 ,got back in USA at the end of 2012... Some of the bans carry minimum stay out of USA... I had a heavy charges, but none of them was criminal, only immigration. Stayed twice in detention centers 3 months each time.  Was ordered deported at the end of 2002 ,but didn't go for voluntary departure . My case was one of the worst ones in east Europe. 

[Roel 7,192]

I'd rather be rude than knowingly break the law and abuse immigration system and then expect people, who do everything legally, to be nice to me.