212 a 9 (C)

[Bebeau]

Is it true that in order for this section of the law to apply the illegal re-entry must have occured on or after April 1 1997 ?

[emt103c]

You posted this correctly the first time, it belongs in the 601 forum where you put it.

I-212 is for deportations only. . .not 9(C)

I would answer but I am not 100% certain of the correct answer.

[vivalrock]

I think so. My lawyer had a case were the guy had re-entered after 1997 and he was denied. She showed me the law were it states that re-entry must have happened before this date.

[emt103c]

I didn't mean to offend whoever moved this by the way


Where is that freakin' edit button when you need it??!! I didn't realize it had been moved, I thought it was double posted

[Cynthia]

I didn't mean to offend whoever moved this by the way


Where is that freakin' edit button when you need it??!! I didn't realize it had been moved, I thought it was double posted

it was me...need to move it back to I-601 forum?

[kitkat1]

Is it true that in order for this section of the law to apply the illegal re-entry must have occured on or after April 1 1997 ?

http://www.americanlaw.com/unlawfulmemo5.html

DOS Cable on Unlawful Presence -- April 4, 1998

212(a)(9)(C) ("9C"):
Unlawful Entry After Previous Violation

(9)(c)(i)(I)


36. As with 9B, periods of time prior to April 1, 1997, do not count toward unlawful presence for purposes of 212(a)(9)(C)(i)(i). Because the reentry or attempted reentry without inspection must have occurred after more than one year of unlawful presence, and because the unlawful presence itself must have occurred on/after April 1, 1997, it follows that no alien could be refused under this section unless the illegal reentry/attempted reentry occurred on or after April 2, 1998, repeat, April 2, 1998. Therefore, in no case could an alien be refused avisa under this section prior to April 2, 1998.

[Bebeau]

Thanks for moving this to the correct forum. What should one do when the consul does not follow the guidance from State Department? Is there an appeal available.

[Bebeau]

I really do need contribution from anyone who has or knows someone who has had any problem with this section of the law to help me please.

[lopay]

Have you tried contacting your senator's office? What happened? Were you denied a visa because of a reentry after a deportation?

[Shrek]

I really do need contribution from anyone who has or knows someone who has had any problem with this section of the law to help me please.

I have had plenty of problems with this section of the law. You need to post the specific details of your case so we can try to help you.