Marie
06-28-2007, 05:42 PM
If you overstay a visa or are otherwise unlawfully present for more than 1 year, or are deported, and then re-enter the USA WITHOUT INSPECTION - you will not be eligible for a waiver!!!
This is in accordance with section 212(a)(9)(C) of the immigration and nationality act - posted below.
If the re-entry was legal (i.e. through a POE) this section of law should NOT apply!
212(A)(9)
(C) Aliens unlawfully present after previous immigration violations.-
(i) 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.
If you/spouse/friend has already done this (overstayed by more than a year, EWI for a time period equivalent to 1-year, and then re-entered the USA without inspection.) Please feel free to post and we will offer whatever help we have to offer in accordance with your specific situation! (Although there may not be much that we can do.)
If you are thinking about doing this "to be together" - DON'T! It is more trouble than it is worth!
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Exception to 212(A)(9)(C)
(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 Attorney General has consented to the alien''s reapplying for admission. 14a/ The Attorney General in the Attorney General's discretion may waive the provisions of section 212(a)(9)(C)(i) in the case of an alien to whom the Attorney General has granted classification under clause (iii), (iv), or (v) of section 204(a)(1)(A), or classification under clause (ii), (iii), or (iv) of section 204(a)(1)(B), in any case in which there is a connection between--
(1) the alien's having been battered or subjected to extreme cruelty; and (2) the alien's--
(A) removal;
(B) departure from the United States;
(C) reentry or reentries into the United States; or
(D) attempted reentry into the United States.
This is in accordance with section 212(a)(9)(C) of the immigration and nationality act - posted below.
If the re-entry was legal (i.e. through a POE) this section of law should NOT apply!
212(A)(9)
(C) Aliens unlawfully present after previous immigration violations.-
(i) 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.
If you/spouse/friend has already done this (overstayed by more than a year, EWI for a time period equivalent to 1-year, and then re-entered the USA without inspection.) Please feel free to post and we will offer whatever help we have to offer in accordance with your specific situation! (Although there may not be much that we can do.)
If you are thinking about doing this "to be together" - DON'T! It is more trouble than it is worth!
************************************************** *********
Exception to 212(A)(9)(C)
(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 Attorney General has consented to the alien''s reapplying for admission. 14a/ The Attorney General in the Attorney General's discretion may waive the provisions of section 212(a)(9)(C)(i) in the case of an alien to whom the Attorney General has granted classification under clause (iii), (iv), or (v) of section 204(a)(1)(A), or classification under clause (ii), (iii), or (iv) of section 204(a)(1)(B), in any case in which there is a connection between--
(1) the alien's having been battered or subjected to extreme cruelty; and (2) the alien's--
(A) removal;
(B) departure from the United States;
(C) reentry or reentries into the United States; or
(D) attempted reentry into the United States.