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

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Filed: Timeline

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.

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Filed: Citizen (apr) Country: Ireland

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?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Timeline

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.

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Filed: Citizen (apr) Country: Canada

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

August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2

February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete

May 4, 2009

May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011


April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony


September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: IR-1/CR-1 Visa Country: China

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

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !


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Filed: K-1 Visa Country: Vietnam

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.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Citizen (apr) Country: Algeria

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.


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Filed: Citizen (apr) Country: Canada

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

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables


Another Member of the VJ Fluffy Kitty Posse!

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Filed: Citizen (apr) Country: Ecuador

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]."

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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