We need help understanding something...

[corazoncita]

I know this is immigration-related, but please don't delete this!

One of the Honduras filers' I-601 recently was denied due to something called a 5 year ban. I have never heard of this, or seen anything on how it works. The reason I am posting it under General Discussions is because I know most people will see it here, and hopefully some of you i2us gurus will be able to assist us on this. We are completely shocked about this situation, and now I fear for others-- including myself.

This is supposedly some sort of punishment for either missing an immigration court date, or being deported in absentia-- which is what the I-212 is supposed to take care of... right??

Here is the link...
http://immigrate2us.net/forum/showthread.php?t=902&page=122

I know it is a lot of reading. Just start with the first post made by rkzal, and read on. Any contribution on this would be appreciated... we are so heart-broken and confused!

[JennyM]

Have you tried asking laurel on Wednesday? That would be your best bet...it is a wierd situation.

[JMRJ]

I'm sorry Noelle, but it was not a mistake. He is inadmissible for 5 years under 212 a (6) (B). That's another ground of inadmissibility aside from the unlawful presence.

Sec. 40. 62 Failure to attend removal proceedings. (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cea02ef05dc4032cb453428932478 bf6)

According to 9 FAM 40.6, (http://www.state.gov/documents/organization/86933.pdf) there is no waiver for that.

(6)(B)
Failure to Attend Removal Proceedings

IV: No waiver

[corazoncita]

Can someone tell me what a "deportation in absentia" is, then? What is the difference between this term, and not showing up during removal proceedings?

[DeBenny]

Hi corazoncita! Here is what I found on "deportation in absentia (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=71aa25ccbf1c7e3f00ecbbb4a44bd c4a)"

[corazoncita]

Thanks for the info, ladies. Sadly, this clarifies everything for me... :(

Poor rkzal. Her family is in my prayers. I don't even have words to describe how sick I feel about this...

[DeBenny]

What happened? All I know is that she got the 5 year ban, I feel sad for her and her children.

[corazoncita]

OK, but if her hubby went back to Honduras BEFORE his court date, does it still count? I mean, if he went home before going to court, is that a voluntary departure?

[edwin221]

Hi,

Many 10-15 years ago if your were detained by immigration sometimes they let you go or you paid a fine an dlater you have to return for a hirig.
I dont know if your husban had a deportation order before.

[JMRJ]

OK, but if her hubby went back to Honduras BEFORE his court date, does it still count? I mean, if he went home before going to court, is that a voluntary departure?
If he was given a formal notice to appear in court but did not notify the court of failing to appear due to exceptional circumstances, it serves as an adequate reason for him to be ordered deported in absentia. Another thing is, he disqualified to obtain certain types of relief for certain amount of time. His departure from the U.S. after receiving a formal NTA and failed to show up is not considered a VD. His VD should have been granted under the authority of the Immigration Judge in the context of removal proceedings. It is difficult to disturb the finding of his failure to appear in removal proceedings especially that he is already outside the country. (If he was still inside the country, he needed to convince the Judge that either he did not receive the formal NTA or he had a reasonable cause ( i. e. family emergencies, illness) why he was unable to surface at his hearing.)

This is closest example (from the State Department memo) I can find for the moment in order for the 6B to apply:

Removal proceedings generally
begin when a Form I-862, "notice to
appears (NTA), is filed with the immigration
court. Thus, an alien who was unlawfully
present for over 180 days but less than
one year who departs voluntarily before any
Form I-862 has been filed with the
immigration court would/would be subject to
the three-year bar, whereas an alien in the
same circumstances who departs voluntarily
after/after an I-862 has been filed would
not/not be subject to the three-year bar,
even though he/she has unlawfully present for
the period set forth in 9B1. (Although
such an alien would not be subject to 9B,
he/she might be ineligible for a visa under
some other INA provision (e.g., as a
self-deportee under 9A (if departure occurred
after an order of removal has issued), or for
failing to attend an immigration
hearing under 212(a)(6)(b)).