Ineligibilities

[momof1]

I'm digging through all of my paperwork and I can't seem to find exactly what my husband's ineligibilites are. His internet is down so i haven't been able to ask him what they gave him at his interview.

Can someone tell me what it may be (212......?)

entered in 1999 under VWP using fraudlent passport(doctored to add his pic)
overstayed VWP with less than a year but more than 180 days.
deported at government expense after asylum denial
no criminal history while in the US

any help would be fabulous

[klaudialaw]

He entered the same way my husband did. However, the thing in his favor is that he applied for assylum eventhough he was not granted. He is charged with misrepresentation for entering with fraudlent documents. Your I-601 waiver should list both fraud and illegal presence. You would also need the 201(I believed is called) waiver for being deported.
Look at Cindy101 approved hardship waiver to get some ideas. Her husband entered the same way.
I hope this helps

Klaudia

[momof1]

thanks klaudia. we already submitted the hardship waivers, but I'm feeling super nervous. I'm at the point where I know that it is out of my hands and that scares me. I believe we have a very strong case, but I just don't know if it will be enough. Right now he has an FBI hold on his background checks which could hold up his case from being forwarded to Rome. His lawyer(who worked on his asylum as well) has assured me that this is standard procedure for thos coming from his country because of it's history. It's just seemed like one roadblock after another :(

[klaudialaw]

Good luck with the process and speedy approval

[Pinkpig]

thanks klaudia. we already submitted the hardship waivers, but I'm feeling super nervous. I'm at the point where I know that it is out of my hands and that scares me. I believe we have a very strong case, but I just don't know if it will be enough. Right now he has an FBI hold on his background checks which could hold up his case from being forwarded to Rome. His lawyer(who worked on his asylum as well) has assured me that this is standard procedure for thos coming from his country because of it's history. It's just seemed like one roadblock after another :(


Your lawyer is right. The FBI check will take a while. Try to stay strong and positive. Good Luck.

[emt103c]

They would be INA 212a, 6Ci, 9Ai, and 9Bi; they are pasted below.

Welcome!

6(C) Misrepresentation.-
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

9(A) Certain aliens previously removed.-
(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

(ii) Other aliens.-Any alien not described in clause (i) who-

(I) has been ordered removed under section 240 or any other provision of law, or
(II) departed the United States while an order of removal was outstanding,
and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

(iii) Exception.-Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission.

9(B) 13/ ALIENS UNLAWFULLY PRESENT.-
(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-
(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or

[momof1]

I'm actually not too worried about the background check. I just want it to start moving...that's it. My husband has been under scrutiny since he filed for asylum in 2000
He underwent yearly fingerprints, checks for interpol interpol france and every other agency in the world it seems. He always passed with no problems thank god. I Just want it done already.