HELP HUSBAND DENIED VISA UNDER 212 A 9 B 11

[Hypnos 6,576]

If it's a 9C bar then that's a lifetime bar for which you can only apply for a waiver after ten years documented presence outside the US. OP hasn't given enough information from which to draw that conclusion, but it is what the embassy hit them with. 

 

You get a 9C bar by either:

 

(i) Being deported/removed and then re-entering without inspection; or

 

(ii) Accruing at least one year of unlawful presence, leaving, and then re-entering without inspection. 

 

Sometimes USCIS has discretion to make one decision over another. A 9C bar isn't one of those times. Absolutely nothing can be filed or requested until the aforementioned ten years outside the US. No negotiating, pleading, or anything else can change this fact. 

[Penguin_ie 5,993]

**** abusive, ranting posts and those quoting removed.  Post with constructive advice for the OP or do not post. ****

[Chulita34 6]

thanks everyone for the advise It has been a very hard decision do I choose family as my Dad is almost 75 and living out of the country is hard on the other hand after I sell all my positions and give away my animals (crying for the past 2 days) I have decided to go live in Mexico as long as I have the money to fly back and forth I need to see if it is a possibility to keep my job and work from there . The whole issue was that when my husband  came to US he was 19 he entered illegal at that time I met him in 2006 and we went together to Mexico and then he reentered in 2006 a month after I came back so when we filled out the paperwork we had only put he entered in 2000 and did not put anything about 2006 .So when they asked him at the interview he told them the truth .   I just think the law should allow us to just pay a fine for what was done and get past it. But now I have to start my life all over . I am little scared to live there Mexico city is huge .

[Roel 7,192]

Just take your animals with you. It's possible to put them on the plane or car and take them to the Mexico. 

 

Edited August 16, 2018 by Roel

[Going through 5,671]

1 hour ago, Chulita34 said:

The whole issue was that when my husband  came to US he was 19 he entered illegal at that time I met him in 2006 and we went together to Mexico and then he reentered in 2006 a month after I came back so when we filled out the paperwork we had only put he entered in 2000 and did not put anything about 2006 .So when they asked him at the interview he told them the truth . 

This was a big mistake, as it's a willful misrepresentation on the application.  It's good that he fessed up about it at the interview (however they probably already had the information infront of them at that point and was just confirming what they already knew about his history).

 

1 hour ago, Chulita34 said:

I just think the law should allow us to just pay a fine for what was done and get past it.

While it would be nice, paying a fine wouldn't stop people from trying to circumvent immigration law---it would encourage them to continue to do so if the only consequence was just paying some money and then they are free to do it again.

 

From what you've written in this thread, seems he entered illegally, more than once, and then chose to purposefully leave out information on his application/lie on his application.  It sounds as though he only fessed up at the interview when directly questioned about the missing info.  Blaming the government is wrong---he has to take accountability for his actions as an adult.

 

I'm curious why the 2006 entry was left out?  Was it his thinking that they wouldn't know about it?

Edited August 16, 2018 by Going through

[Boiler 45,499]

So he entered illegally in 2000

 

Went back to Mexico in 2006, how?

 

Reentered in 2006, how.?

[Boiler 45,499]

Ohh anything else that may be material, arrests whatever.

[Hypnos 6,576]

It sounds like the 9C bar was correctly applied then. 

 

He has a lifetime bar, and can apply for a waiver ten years from the day he most recently departed the US. 

 

He has no other options. 

Edited August 16, 2018 by Hypnos

[Hypnos 6,576]

I shall rephrase: he has no other realistic options. 

[Ryan H 3,812]

~~~Posts by poster asking their own questions removed along with replies to said posts.  If you have your own question, you need to start your own thread.~~~

[Chulita34 6]

his mother was very ill that is why he left in 2006 and yes he came back illegal again in 2006 . I think it is ridiculous as since your mother is almost dying and you want to see her you would go back home there should be a pardon for that . So how am I supposed to live in Mexico I will have to sell all my things and give up everything we have worked to get I am 50 now by the time we wait the 10 years we are still not guaranteed a visa . and I will be 60 by then and wont want to start all over as I would be retiring soon . If I thought this was going to happen he should have stayed here illegal at least we still would of had a half way decent life to live. together 13 years and married 9 and now decide if I want to keep my husband and live in Mexico or just get a divorce and move on with my life alone  . This is bullshit and the immigration laws don't care about families look what they did to the poor  kids that needed to be with their parents they don't care about anyone they only want to steal your money .

[Crazy Cat 41,850]

2 minutes ago, Chulita34 said:

his mother was very ill that is why he left in 2006 and yes he came back illegal again in 2006 . I think it is ridiculous as since your mother is almost dying and you want to see her you would go back home there should be a pardon for that . So how am I supposed to live in Mexico I will have to sell all my things and give up everything we have worked to get I am 50 now by the time we wait the 10 years we are still not guaranteed a visa . and I will be 60 by then and wont want to start all over as I would be retiring soon . If I thought this was going to happen he should have stayed here illegal at least we still would of had a half way decent life to live. together 13 years and married 9 and now decide if I want to keep my husband and live in Mexico or just get a divorce and move on with my life alone  . This is bullshit and the immigration laws don't care about families look what they did to the poor  kids that needed to be with their parents they don't care about anyone they only want to steal your money .

Life is full of choices.......and consequences. Your anger is misplaced........

[Boiler 45,499]

Nobody on VJ will encourage illegal behaviour.

 

Sounds like he flew back twice, records of course exist, and had no legal entries.

 

Just to be clear the issue was nothing to do with leaving to see his Mother, it is entering the US illegally.

 

One of the many things that international couples need to address is who moves where, in my case coming to the US was not the original choice, things changed.

[geowrian 22,337]

5 hours ago, Chulita34 said:

immigration laws don't care about families

It works both ways...people need to care about the laws too.

[Visitor User 253]

On 8/21/2018 at 3:45 PM, Chulita34 said:

his mother was very ill that is why he left in 2006 and yes he came back illegal again in 2006 . I think it is ridiculous as since your mother is almost dying and you want to see her you would go back home there should be a pardon for that . So how am I supposed to live in Mexico I will have to sell all my things and give up everything we have worked to get I am 50 now by the time we wait the 10 years we are still not guaranteed a visa . and I will be 60 by then and wont want to start all over as I would be retiring soon . If I thought this was going to happen he should have stayed here illegal at least we still would of had a half way decent life to live. together 13 years and married 9 and now decide if I want to keep my husband and live in Mexico or just get a divorce and move on with my life alone  . This is bullshit and the immigration laws don't care about families look what they did to the poor  kids that needed to be with their parents they don't care about anyone they only want to steal your money .

I feel sorry for you and your family. Did he leave USA knowing the consequences? There were people who were overstays got DACA and AP to travel outside and back legally.

 

You were a U.S Citizen in 2006 when he left USA?

Edited August 31, 2018 by Visitor User