212 a 9 (C)

[lopay]

I agree that you need to work with your senator's office. Fax them a short but very detailed letter explaining how the consulate messed up.

In your letter you need to quote the law and include the cable (or letter, memo whatever it's called) from the State Dept.

I had the same problem that my senator's office didn't understand how immigration had messed up because immigration would just respond like they had done nothing wrong. I sent them a letter that explained why what immigration was saying was wrong and the senator's office reopened my case and started inquiring and I'm waiting to see what happens.

I agree with Kitkat. You should try to work with the consulate first. Do like she said and fax the letter to those people. If that doesn't work, contact the senator. Or better yet, fax the letter to those people, then foward it to your senator's office along with a letter explaining what you are doing.

The good thing about this is that you can get an appointment quickly because of service error.

[Shrek]

Is he in the US or not? I am missing something here as he is talking about contacting his senator about an issue he has with an overseas consul.

[kitkat1]

Since US senator's offices have immigration liaisons, it's a reasonable place to start. For example, when I had trouble getting responses regarding an expedite request at an overseas consul, my senator's office intervened.

[Shrek]

But if he is not in the US or a US citizen, how is a senator going to help him? I'm not being argumentative, I am just missing something here in the details. I contacted my senator about my case, but I am the US citizen looking for help with a case that I filed. I didn't think that my fiance in Brazil could contact Senator Kennedy, I thought I had to since I am the one who is the constituent. Again, I must be missing something simple here!

I don't know if I can be of help or not, I need to know more details. Again, I mean no offense and don't want to come across as being rude, I only want to be of help as so many here have been to me.

[kitkat1]

Ahh - understand what you are saying. Maybe we were all thinking the USC wife would contact the senator, when maybe there is not USC involved at all.

[Bebeau]

I am outside of the United States , but I do have a USC wife and two children.I went for an immigrant visa interview and was found inadmissible . At first the consul said she was not sure about the 9c and she was going to ask for further advice. At the second interview she just said that I was inadmissible and that 9c was applicable to me.

[Shrek]

I am outside of the United States , but I do have a USC wife and two children.I went for an immigrant visa interview and was found inadmissible . At first the consul said she was not sure about the 9c and she was going to ask for further advice. At the second interview she just said that I was inadmissible and that 9c was applicable to me.

So your illegal entry was in 1989 and you never re-entered the US since then? If you only have one illegal entry, then 9C does not apply to you. Your unlawful presence started to accrue on April 1, 1997, until you left the US or were removed. This is what what kitkat stated earlier in the thread.

You need to have your wife contact her US Senator, not your congressman or state senator. Your lawyer should send a brief to the consulate citing the appropriate section of the law. You should be able to get this ruling overturned and it should be easier at the consulate level than it would be if this was a DHS ruling.

I agree with writing some letters, starting with the consul where you were denied. The consulates operate under the Department of State. I don't believe there is a benefit to writing to the USCIS District Director or sub office director at this point. They are with Homeland Security which adjudicates the waiver, they do not make the initial determination as to whether one is eligible for a visa or not. In fact, DHS can overrule the consulate where the application of law is concerned.

You can write to the Consul General at the consulate to ask for help, as well as the consulate employee who applied 9C. Your lawyer should do this immediately. If all the details are as you have stated, the law has been mistakenly applied.

[Shrek]

Here is a link to the embassy website:
http://dakar.usembassy.gov/news/the-charg-daffaires-a.i

[Bebeau]

Shrek You showed a complete understanding of the nuances in this case.My wife made the mistake of contacting a congressman ,his laison did not really care to investigate what the case was all about. I have a lawyer looking at this. I am concerned that he has being reviewing the case for far too long without taking any concrete action for example tryng to resolve this at the level of the Consulate. I e-mailed the Consul General in November but the letter was intercepted by the same employee who applied the 9c and she just replied that DHS concured with her finding.

I want to see what the lawyer is going to do this week,as we already have all the paper work ready to contact our senior senator. Frankly these are all the details in this case

[Shrek]

Shrek You showed a complete understanding of the nuances in this case.My wife made the mistake of contacting a congressman ,his laison did not really care to investigate what the case was all about. I have a lawyer looking at this. I am concerned that he has being reviewing the case for far too long without taking any concrete action for example tryng to resolve this at the level of the Consulate. I e-mailed the Consul General in November but the letter was intercepted by the same employee who applied the 9c and she just replied that DHS concured with her finding.

I want to see what the lawyer is going to do this week,as we already have all the paper work ready to contact our senior senator. Frankly these are all the details in this case

Have your wife call your US Senator and ask who handles the immigration issues in his office, then speak to that person and send them all the facts and documentation of your case. Be very specific and detailed in your explanation as they probably have never heard of 9C. The same probably goes with your lawyer too. Very few have much experience with 9C and this may be why your lawyer is talking so long. 9C makes for a difficult case and you need someone who understands this.

I would also Fed-Ex a letter to the Consul General, not just send an email. You have to hit them from all angles, a Congressional inquiry from your US Senator, a letter from your wife, a brief from your lawyer etc. Have your wife contact the US Secretary of State, Director of USCIS, etc. Make noise, lots of it. Be polite and respectful, but be firm. Quote the law, do your research and provide evidence to support your position. And don't be surprised if it takes several months to get an answer. It's your lives, fight for it. Don't take no for an answer. Consider going public with it it you get no satisfaction. Nothing like a bit of negative publicity to get your Senators office to respond quicly. It becomes a full time job to fight for your rights. Get creative. Contact the key people, and don't just email, in my opinion, a well written letter is more personal and effective.