Question about 9(c) ban

[esperandoelchapin 0]

Hi, I'm new here with lots of questions!

If you are deported and given a 5 year ban and then EWI AFTER the 5 years is up, are you still subject to the life ban with no eligibility to file waiver for 10 years outside US? Or does having waited the 5 years make any difference...

Thanks http://www.visajourney.com/forums/style_em...fault/blush.gif

Edited February 2, 2010 by esperandoelchapin

[lucyrich 19]

9C says:

In general.-Any alien who-

(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or

(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, the Secretary of Homeland Security has consented to the alien's reapplying for admission.

Clause II says that if one was ordered deported and attempts to re-enter without being admitted, one has the ban. There's no exception for having waited between the deportation and later EWI. Even if the alien waited until he was completely admissible and had a valid visa, if he tried to enter without going through inspection he'd be subject to the ban.

[emt103c 10]

Interesting question, though I agree with lucyrich. It would be a worthwhile question to confirm with a reputable attorney, possibly a "chatworthy" question for Laurel Scott.

[esperandoelchapin 0]

Thanks for your answers!