212 a 9 (C)

[adeildo]

Good news!!! I got email today that the DOS has removed the 9C finding and tha I can setup an appointment to file for a waiver. Thanks everyone for the great ideas and directions. The consulate asked for an advisory opinion about three weeks ago, maybe they did not want to admit their own mistake , so they had to refer the case to the Department for an opinion. Thanks again

It's a great news....congrats.

[sunnysol]

Goderich--You have been in my prayers! I'm soooo happy for you and your family! Please keep us up-dated! Pinkpig is very correct--your persistence has paid off and you have won a big battle! This news has really made my day--as you know, I'm afraid the same thing will happen to my husband when he goes for his interview in Accra--we're still waiting for an appointment. God Bless!

[Bebeau]

Thanks again. This is the greatest forum I have ever come across.

[kilimanjaro]

shrek, gooderich,

I was removed myself for illegal presence and illegal re-entry back in july. this is what is written on a "warning to alien order removed or deported" I-294 form:

"In accordance with the provisions of section 212(a)(9) of Immigration and Nationality Act (Act), you are prohibited from entering, attempt to enter, or being in the United States for 20 years from the time of your departure from the US... to have reentered the US illegally and have had the prior order reinstated under section 241(a)(5) of the Act.

Why not 9c ???

By the way I was inspected at the port of entry with a valid student F1 visa and was still a full time student in grad school.

[Bebeau]

DHS uses reinstatement of prior deportation to quickly deport someone who was previously deported. They dont want to go to court. Once you leave the United States and appear for consular processing, you are going to be inadmissible under 212 (a) (9)(C)(ii) if your reentry is post April 1 1997.If your reentry is Pre April 1 1997 then you are not inadmissible under 9c, but will be inadmissible under 212(a)(9)(A)(ii) for your previous deportation.There is a waiver for this but no waiver for 9C2 until one has lived outside of U S for ten years.

[kilimanjaro]

Goderich,

I was ask to turn in 601 and 212... are you saying that I could have been a 9C2? eventhough they did not tell me I was??

[emt103c]

If you did not EWI after that warning was given then there is no 9C violation.

[Bebeau]

O am a little confused. Did you leave under a reinstatement order or are they saying that next time you enter U S ypur prior orde would be reinstated ?