the rude consulate told me i was making up my own definitions of words, so in my argument back, i have printed out THEIR definitions and technicalities. and then i thought why not also post it on here, maybe it can help someone else. if it was posted before, i apologize. i did a quick search and did not find anything specific on section 212 (a) (9) (B ) (ii)

http://www.uscis.gov/files/pressrelease/PofStay4023Pub.pdf

Or more up to date and complete info here:

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html


B ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(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 (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

that IS more up to date, but not more complete. i am specifically referring to section 212 a 9 b 2, as i stated. that is the section she mentioned for me to look at. your section had a whole lot of info, and i looked at that before, but paying careful attention to the section she and i mentioned above, my link was just fine. i don't see why you had to try to up me one or something, i was just trying to help people who've gotten a 601 waiver from the consulate with that specific section. other sections refer to health problems and convictions and such.

even though now we have proved her wrong and my lawyer is filing a complaint against her and we're trying to get things straightened out.

Up you one or something???? I participate in this forum to help people and provide information since I have been through the process. Since I know where to find information, I often post the links in hopes of helping other people. Maybe this will even help you with you case.

And obviously that's all the help I'll be offering here.


Aliens Unlawfully Present

The new INA §212(a)(9)(B(i)(I) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for a period of more than 180 days but less than 1 year and voluntarily departed the United States (whether or not pursuant to section 244(e) prior to the commencement of proceedings, is excludable for a period of 3 years. The new INA §212(a)(9)()(i)(II) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for 12 months or more is excludable for 10 years.

The calculation of this period of time shall be tolled during the pendency of the application, to a maximum of 120 days, where an alien:


has been lawfully admitted or paroled into the United States;

has filed a nonfrivolous application for a change or extension of status before the date of expiration of stay authorized by the Attorney General; and

has not been employed without authorization before or during the pendency of the application;
Limited exceptions from this ground of exclusion exist for minors, asylees, family unity beneficiaries and battered women and children.

An immigrant waiver is available under INA §212(a)(9)(B(v) for an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

Interim guidance on unlawful presence first appeared in an INS memo dated March 31, 1997. The memo interpreted time “unlawfully present” as including any time spent in the United States by aliens after they violated the terms and conditions of any form of nonimmigrant status, because time spent in violation of status is not authorized. In addition, it stated that the tolling of unlawful presence while an application for adjustment of status was pending could not exceed 120 days. Finally, the memo stated that periods of unlawful presence prior to April 1, 1997 could count towards the ten year bar contained in INA §212(a)(9)©, even though only periods of unlawful presence after April 1, 1997 would apply to INA §212(a)(9)(B(i)(I) and INA §212(a)(9)(B(i)(II). A copy of March 31, 1997 memo appears here.

the info was great i guess perhaps it was the way the comment began "Or more up to date and complete info here:" as if my link was trivial and old and pointless. i was specific to say what section i was talking about. all i was doing was trying to help someone as well, and if you had something to add about that specific section, that would've been awesome, i just took offense to how the comment begin. i had proof that the lawyer submitted to cover all their special sections, but this specific unlawful presence section is what she was concentrating on. regardless, the whole thing is over now, and because of her mistake we have to wait even longer, lost my easter weekend plans we had, the huge family get-together, the party with all his friends and mine from the states, i had to say sorry to my job offers...everything. just because she wanted to lie and make up stuff. michigan senator who has been awesome and helping us along the way is sending our complaint with documents they already had for review but dismissed to montreal all over again...but he can get it expedited

:/