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| Israel |  Review on April 14, 2011: |
sam1eve2
Rating:  | Review Topic: IR-1/CR-1 Visa
At the time of his departure, My husband was unlawfully present in the United States for more than 180 days, but less than 1 year (from November 6, 2007 to September 11, 2008 – the date of the issuance of the NTA). INA §212(a)(9)(B)(i) states, in part:
“Any alien […] who-- §212(a)(9)(B)(i)(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States prior to the commencement of proceedings […] and again seeks admission within 3 years of the date of such alien's departure or removal […] is inadmissible.” Italics added.
Since My husband voluntarily departed the United States after the commencement of his removal proceedings, he is not subject to the inadmissibility criteria as outlined in INA §212(a)(9)(B)(i)(I) or INA §212(a)(9)(B)(i)(II) or any other relevant section of INA §212(a),
which would make him admissible to the United States at the present time.
I HAVE BEING TRYING TO EXPLAIN TO YOU THE STATUS OF MY HUSBAND BUT IT SEEN THAT WE ARE NOT GETTING ANYWHERE SO MY LAST RESOURCE IS TO SPENT MORE MONEY CONTACTING A LAWYER TO HELP ME.
IAM VERY SAD AND DESAPOINTED WITH YOUR DECISION. I DONT UNDERSTAND WHY IF YOU KNOW THIS DECISION DO NOT APPLY TO HIS CASE.
Carefully review this information again please we have suffered for about almost three years and hope to end this with a happy end. I explain everything the best I could but i guess it was not good enough for your office. I would have an
attorney explain to you everything again with all the legal terms.
please have compasion on us
our life away from each other have being very dificult. please give us the opportunity to be happy. please i bet you.
this is what i send the consulate and this was there reply
We appreciate your bringing the specific details of your husband case to our attention. Presently we are reviewing your husband current ineligibility under INA §212(a)(9)(B)(i). To help us with this review, we require documentation regarding the voluntary departure you mention in your email, specifically the fact that attended all removal proceedings. When these documents are received we will review them and, if necessary, seek an Advisory Opinion from Washington, D.C. in the matter; the duration of such reviews is unpredictable.
Further, in response to the facts provided to us in your email, we are also investigating possible additional ineligibilities to which may be subject. Specifically, under INA §212(a)(6)(B) for Failure to Attend a Removal Proceeding. Should be found ineligible under this provision of U.S. Immigration Law, the ineligibility runs for five (5) years, and no waiver is available.
do anyone have any idea of what could i do next....wow i being trying but they are trying to make me give up. and yes the second code the put it do not apply my husband was in custody until he was given voluntary departure and was put on a plain by the officers with a ticket purchase by us.
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Consulate / USCIS Member Review #7442