Does a deportation before age 18 AND 1997 count?

[Adriane]

Hi guys.

Yesterday I met a woman with a situation similar to most of ours- I gave her this URL so hopefully she'll find her way here. Her husband was arrested for illegal presence and is being detained pending deportation.

In the brief time we spoke she told me that he'd come as a child with his mom and then the whole family had been deported 17 years ago while we was still a minor. Later he EWI'd again and has been here ever since.

My question- I know the original EWI doesn't exclude him from the I-601 waiver (although he'll need an I-212 for his pending deportation) because he was under age and it was pre- 1997, but does his prior deportation then re-entry cause a problem? I just want to be clear in case she takes up my offer to call me.

[Laura]

I've wondered that as well. I have no idea though.

Kitkat? No, she's in pre-marital bliss... :)

Otherwise I'll clarify with Laurel, but that wouldn't be until next Wednesday, no chat this week.

[Adriane]

If you could, Laura, that would be great- I can't get on the chats from work....

[kitkat1]

This one still has me stumped. But I think Laurel addressed it in a chat not too long ago, if anyone wants to comb through a few of them and take a look.

[Laura]

Okay, if I have time I will look, otherwise I will ask next week.

[Pinkpig]

The answer is probably here in the memo but because this happened before the current law and the fact that he was underage and we don't have definite dates of the happenings...I think this is Laurel's territory. Too many variables...I cannot find where it address underage deportation...and the more I read this the more confused I become.


http://www.shusterman.com/barmemo.html

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
D. EWI alien ordered removed prior to 4/1/97,
attempts to reenter without inspection on
4/1/97: subject to permanent bar of
(9)(C)(i)(II); not subject to 222(g) because
alien entered without inspection, not on an
NIV.

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.

212((a))(9)(C)((i))(II) aliens who were
previously (9CP) ordered removed, whether the
order was issued before, on, or after
4/1/97, and who subsequently reentered/
attempted to reenter without inspection
on/after 4/1/97





Examples

The following examples illustrate some of the
above rules. Where appropriate, we have also
indicated the outcome under INA
222(g) ("222(g)"), for comparison purposes.
(If a detailed explanation of the outcome
under 222(g) is needed, please refer to
Ref D.) Unless otherwise stated, the examples
assume an alien over 18 years of age and a
time frame on/after April 1, 1997.


F. Unlawfully Present Aliens Who Are
Removed:


D. EWI alien ordered removed prior to 4/1/97,
attempts to reenter without inspection on
4/1/97: subject to permanent bar of
(9)(C)(i)(II); not subject to 222(g) because
alien entered without inspection, not on an
NIV.

E. Same facts as D, but attempted entry
without inspection occurs on 3/31/97: not
subject to (9)(C)(i)(II); not subject to
222(g) because no prior entry on NIV.

Madeleine Albright

[lgatica06]

BUMP

Did this ever get answered. I met a woman who is in the same boat and her husband wants to start the process but I told them to hold off til I got more info for them.

[Pinkpig]

BUMP

Did this ever get answered. I met a woman who is in the same boat and her husband wants to start the process but I told them to hold off til I got more info for them.


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

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.

[lgatica06]

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

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.

Okay Ihope I understand that it will count against them and require an I-212 along with the I-601 but will they be able to file immediately or have to wait until the 10 years outside the U.S. have passed?

[Pinkpig]

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.


deported before 1997 + EWI before 1997 = not 9c

deported before 1997 + EWI after 1997 = 9c

deported before 18 + EWI before 18 = 9c

9c = eligible for the waiver after having spent 10 years outside of the US.

[lgatica06]

thank you so much. i read somuch that sometimes i just get plain confused...

[Pinkpig]

thank you so much. i read somuch that sometimes i just get plain confused...

Oh no problem. I have to sometimes read it and re-read it and then it is still hard, and I don't want to say something that is wrong....

I broke it down that way because it seemed to make sense to me....but we all see things so differently....so if that is confusing to you let me know and I will say it another way.

:)

[lgatica06]

made complete sense to me and that was the what i originally thouhgt it meant i just couldnt think of how to write it out.

[Pinkpig]

made complete sense to me and that was the what i originally thouhgt it meant i just couldnt think of how to write it out.

:D great minds think alike...I am glad that we are on the same page! :thumbup: