My friends situation....Is he eligable?

[~MP~]

He EWI in 1995, in 1996 he got deported although he did not sign anything he is not 100% sure if it was a deportation or not but he was dropped off at mexico. Sounds like it was a deportation even if he did not sign anything???
He then EWI again in December 1997....He has been here ever since.

[JMRJ]

~MP~ Sounds like he falls under 9C2:

38. INA section 212(a)(9)(C)(i)(II) applies
to aliens previously ordered removed at any
time -- whether before, on, or after
April 1, 1997. However, for (9)(C)(i)(II) to
apply, the alien's unlawful reentry or
attempted reentry without inspection must
have occurred on or after April 1, 1997.
Thus, an alien deported prior to 4/1/97 who
attempted to reenter without inspection
on or after 4/1/97 would/would be ineligible
under this provision

[~MP~]

poor guy...he has been studying to be a pastor but cant unless he fixes all his paperwork. :(

[LilBribnj]

ACtually no he falls under 9b!! He should be eligible for the waiver! :yay2:

HE IS SAVED BY THE DATES!! REMEMBER BEFORE APRIL 1997 DEPORTATIONS AND SO FORTH WILL NOT COUNT AGAINST HIM!

So when he came back it was after April 1997 and since u said he never left he will fall under 9b because the previous illegal presence and deportation were before APril 1997! :yay2::yay2::yay2:

[LilBribnj]

MP make sure ur friend continues the process since he should be eligible for waiver unless there is something else u did not include such as criminal record (which will not automatically make him uneligible my hubby had a record and he still got APPROVED and this was in February)

If anyone else needs me for anything please email me at LilBribnj@hotmail.com

I have pictures of my HSL and also my cover letter that I could email u in case u need help with the organization of ur waiver packets!

I gave u my email because I rarely log on here I am mostly at the Juarez discussion forum. :innocent:

[~MP~]

Am I reading what RMRJ incorrectly?

[MMGCA]

good luck to him

[Adriane]

Considering that it's April 1997 that we're talking about and he EWI'ed in December of 1997 , I think 9(c) does apply.

OK, I just asked this in Laurel's chat on Halloween, Oct 31, 2007, and this is her answer:

Pinkpig: I know that you have answered this on a previous chat but I cannot find the post. So...Does a deportation before the age of 18 or before the magic date in April '97, count? Laurafern11 is probably asking this as well as it keeps coming up on I2. So I promise that we will get it clarified and in print this time. :)


Laurel: Yes.

Laurel: 9C will be triggered if the deportation was before 1997 as long as the subsequent EWI was after 1997. 9C will be triggered even if both the deportation and the subsequent EWI happened before age 18.

Laurel: 9C is not triggered if both the deportation and subsequent EWI were before 1997.

[MendozaQH]

Adriane is correct...............any deportation followed by a subsequent EWI after April 1997 will result in 9C. If he had EWI's before April 1997, then he would be OK, but this is not the case. He will have to remain outside the US for 10 years before he will be eligible for a waiver. Sorry :(

[lisa7078]

I have to agree with MendozaQH and JMRJ! Sorry!

[LilBribnj]

MendozaQ I know u are VERY KNOWLEDGABLE WITH THIS PROCESS!!

Just wondering for future reference.

I thought deportations before April 1997 didnt count?

So since the deportation occurred before April 1997 wouldnt that not count against him and then his FIRST EWI would be considered the one that was in December since illegal presence and EWIS dont count before April 1997.

Just curious to see if u could explain that to me incase I ever get asked something like that I can know what to say..Thank you for correcting me though :innocent:

[MendozaQH]

LilBribnj,
Have you read yet the 3 memos that were sent out by the DOS and the INS that seeks to clarify many of the "not-so-straight forward" wording of the INA? Here are the links in case you haven't:
June 17, 1997 memo (http://www.americanlaw.com/unlawfulmemo1.html)
September 19, 1997 memo (http://www.americanlaw.com/unlawfulmemo2.html)
April 1998 memo (http://www.immigrationlinks.com/news/news729.htm)
Keep in mind that the most recent memos always have precendent over the prior memos (in the case where the interpretations clash)

From the 1998 memo, there is a clarification on when deportations and subsequent EWI's do and don't create a 9C situation and it states:
(9)(c)(i) (II)
38. INA section 212(a)(9)(C)(i)(II) applies to aliens previously ordered removed at any time -- whether before, on, or after April 1, 1997. However, for (9)(C)(i)(II) to apply, the alien's unlawful reentry or attempted reentry without inspection must have occurred on or after April 1, 1997. Thus, an alien deported prior to 4/1/97 who attempted to reenter without inspection on or after 4/1/97 would/would be ineligible under this provision, whereas an alien in the same circumstances who had attempted reentry without inspection prior/prior to 4/1/97 would not/not be subject to this provision.


So with that being said, you first look at the subsequent EWI and when it occurred. If it occurred after April 1, 1997, and they had a deportation (it doesn't matter when or at what age), then they will be facing 9C.

Does this make a little more sense now? :)