212(a)(9)(C)(I) Is there hope?

[mrssedano 0]

In Decmber 2008 my husbands visa was denied under section 212(a)(9)©(I). He was never deported, his leaving the country was voluntary and has never had any legal troubles in the US or his home country of Mexico. He has been in Mexico since then and has not attempted in re-enter the US.

I have been told there is nothing to do about it for lawyers, yet have friends with the same situation that have gotten help and a visa granted.

What can be done, something has to be possible.

[Penguin_ie 5,993]

Need more information:

- Did he just leave, or was he granted voluntary departure?

- How long was he in the USA, and how did he enter (visa, EWI)?

- How long has he been outside the USA now?

- Did you file a waiver when he was originally denied and if so, what was the outcome?

[mrssedano 0]

He entered without inspection and lived here for aprox. 2 years than voluntarily left. He than re-entered without inspection. Then we met, fell in love, lived together for 5 years than got married in WA state. We applied for his visa, we had an inerview at the US embassy in Mexico. At the appointment they told him he fell under this particular statute and could not leave and I could not reaply for him for 10 years. There was no waiver, nothing of the sort was discussed, we were basically told we were out of luck. He has ben in Mexico since Dec of 2008.

[canadian_wife 1,818]

I think because he entered without inspection, stayed for over 1 year then left..THEN re-entered without inspection he is inelligible for a waiver for 10 years. It does not matter that he left voluntarily, it matters he entered illegally, stayed, left then entered again illegally. If he enteres without inspection again, he could face a lifetime ban. If you want to avoid this, tell him to stay put.

You can try a consult with Laural Scott at scottimmigration.net. She does free online chats on Wednesdays.

Also, immigrate2us.net is a great site and specializes in inadmissability

Good luck

[Darnell 8,478]

suggest you drill around over at http://www.immigrate2us.net , post yer questions there.

[JimVaPhuong 4,863]

One possible "out" is if he was given a specific 10 year ban the last time he left, or the last time he applied for admission. In that case, he'd have to wait out the ten year ban and then he could reapply for admission.

If that exception doesn't apply, then the only waiver available for 212(a)(9)(C )(i) is VAWA, and only if there is a connection between the abuse and the aliens departure and/or illegal reentry.

Barring either of these, there is no way he's getting a visa to enter the US.

[momof1 205]

I suggest you post a timeline of your husband's entries and exits from the United States.

212 a9ci is not the result of a deportation. It is the result of accruing more than one year of unlawful presence post 1997(then leaving the US) and entering or attempting to enter without inspection again.

212a9cii is the result of entry without inspection after deportation or removal.

Both sections of immigration law result in a lifetime ban that is only waiveable after 10 years have been spent outside of the United States. If in fact your husband did accrue more than one year of unlawful presence followed by an EWI, he would be banned under 9c and there is very little that can be done about it.

I second the suggestion to head over to immigrate2us There you will find some needed support. There are members living out the 10 year bar in Ciudad Juarez, Tijuana, and Ecudador. Good luck to you.

[Kathryn41 3,205]

duplicate thread moved from K-1 forum to Waivers Forum as the appropriate forum for this question, and merged together so all of the answers are in one place. Duplicate post removed

[cooldude1965 0]

212(a)(6) is misrepresentation

which means : it's life time BAN for Immigrant visa, how ever

you as his wife and I am sure you are US citizen..so, you can apply for a waiver. which could take 2 years.

[TBoneTX 45,077]

Thread from 2010 is now closed to further comments. Recent post with replies has been split into a new thread here in the Waivers/AP forum, thread title "212(A)(9) - If Attorney Files I-212, What Next? [split topic]."

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