Hello. This is kind of complicated so I will do my best to be clear.
Basic Timeline:
2003 - I-129F filed with FOIA record showing VR in 1999, APPROVED
April 2004 - Interview at Juarez, fiance didn't know exact dates for prior VR's so Officer sent us for fingerprints which showed that two VR's took place at the border in 1998.
Result: Visa denied per 212(a)(9)(C )(II) *law at bottom
Paper given to us - English side says nothing regarding a waiver. Spanish side says that "No waiver (lit. "pardon") is available until until 10 years have passed" and the office wrote "(2009)"
2008 - Now we are married and have filed an I-130.
MY QUESTIONS:
1. What kind of waiver is usually filed in these cases?
2. The law says "more than 10 years after the alien's last date of departure" - Does this mean the exact date (mm/dd/yyyy) or just the year?
I would like to hear from you if you are familiar with this, and if you have had any personal experience with this specific law. Thank you!
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* Sec. 212. [8 U.S.C. 1182]
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(9) 12/ ALIENS PREVISOUSLY Removed.-
(C ) Aliens unlawfully present after previous immigration violations.-
(i) In general.-Any alien who-
(II) has been ordered removed under section 235(b )(1), section 240, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.
(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, 14a/ 6aa/ the Secretary of Homeland Security has consented to the alien's reapplying for admission.