212(a)(9)(B)(v)

[lilikoi31]

Can somebody explain this to me.
What does it mean 21(a)(9)(B)(v) .....and also you are hereby notified that it has been dertermined, under the provisions of 8 CFR 217.4 (c) that you have been remained in the US longer than 90 days without permission of the department of homeland security that no emergency prevented your departure,and that you are now removable under section 237(a)(1)(B) of the act.
Thanks for your help.

[emt103c]

Sec. 237 1/ [8 U.S.C. 1227]
(a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:


(1) Inadmissible at time of entry or of adjustment of status or violates status.-

(B) 2/ Present in violation of law.-Any alien who is present in the United States in violation of this Act or any other law of the 2b/ United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 221(i) , is deportable.

[emt103c]

Did you mistype the first law?

It comes up talking about human trafficking. . .I don't think that would have anything to do with your case.

[lilikoi31]

Maybe the lawyer wrote it wrong in his draft for the 601 and it should be 212-a-9-B-ii
That would mean to me that I can not get submitted for the 601, is that right.

[emt103c]

Maybe the lawyer wrote it wrong in his draft for the 601 and it should be 212-a-9-B-ii
That would mean to me that I can not get submitted for the 601, is that right.

If that was the only violation you would definitely be able to file the waiver. The problem is the reentry after being deported along with the following overstay that we are talking about in the other thread.

[matt74]

You overstayed the visa waiver program so you are subject to expedited removal. The provision of the CFR you quote means that they'll send you back the way you came. I have heard that adjusting status after entering on the visa waiver program can be dangerous because you essentially waive your right to a trial. See below.

217(b) Waiver of rights.--An alien may not be provided a waiver under the program unless the alien has waived any right--

217(b)(1) to review or appeal under this Act of an immigration officer's determination as to the admissibility of the alien at the port of entry into the United States, or

217(b)(2) to contest, other than on the basis of an application for asylum, any action for removal of the alien.