Very useful information. What i liked most its the suft or easy way to explain every subject. Congratulation. First time I got into this channel...and I must say....I´ll stay.
My father was a legal permanent resident in 88 but his legal status was taken, when he unlawfully tried to distribute a small amount of marijuana into the U.S. He did sometime in jail and then was deported. He entered without permission years later and was deported in 94 due to a family violence incident. During his court proceedings he said the judge gave him the opportunity to find a lawyer to help him stay here because he had 5 U.S. citizen children under the age of 12 but he did not have the funds to hire an attorney. He then went to jail and was deported. He has been out of the U.S for over 20yrs. I now want to petition my father, but want to do my research first to see if he even qualifies for re-entry. Side note:(My dad told me the IJ told him he won’t be allowed to enter U.S. for at least 10 yrs.) My question is: How can figure out what bar my father falls under? If he did qualify for form I-212, how can I prove a hardship if all his children are adults? AND If he has a medical problem like diabetes and low blood pressure, is that a burden for the government, resulting in an automatic disqualification? * I will seek to do a FOIA and a FOIA/OBIM (not sure if I can do this if he is not in the U.S as I see it requires his fingerprints) Any advice or information is greatly appreciated.
Your limited information indicates your father has crime-related inadmissibility under INA 212(a)(2)(A) (controlled substance violation) and INA 212(a)(2)(C) (controlled substance trafficking). Unless the conviction involved only simple possession of marijuana (30 grams or less) and no distribution/sale or other additional controlled substance offenses, the applicant does not qualify for the Form I-601 immigrant waiver. See When do you need an I-601 Waiver due to criminal grounds (and how do you get it)? dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/. There is a 212(d)(3) Nonimmigrant Waiver for crime-related inadmissibility under INA 212(a)(2)(A) and (C), but the applicant must otherwise be eligible for a nonimmigrant visa/status. See Form I-212 and I-192 Approvals for U.S. Visits Following Controlled Substance Trafficking Offense and Deportation with Aggravated Felony Conviction = A True Success Story, dyanwilliamslaw.com/2024/04/form-i-212-and-i-192-approvals-for-u-s-visits-following-controlled-substance-trafficking-offense-and-deportation-with-aggravated-felony-conviction-a-true-success-story/ If the person was convicted of an "aggravated felony" (e.g. controlled substance trafficking) and was removed from the U.S., he has an INA 212(a)(9)(A)(ii) bar that requires a Consent to Reapply for Admission, which is different from the Form I-601 Immigrant Waiver and 212(d)(3) Nonimmigrant Waiver. There is an INA 212(a)(9)(C) permanent bar, due to illegal entry or attempted illegal entry, only if the person accrued the (1+ year) unlawful presence or was ordered removed on or after April 1, 1997, or entered or attempt to reenter the U.S. unlawfully on or after April 1, 1997. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case.
Hello! My visa was cancelled and I was deported in 2018 getting a five-year ban, on the grounds of illegally working on the summer of 2017 (having a B1-B2 visa). What are my chances to get a H-2B Working Visa, now after my ban was expired?
thank you very much for the content, this is a very complicated subject. If I am an ilegal immigrant with a deportation order (I applied for asylum and was rejected) residing in the USA with an approved I-130 and I am wishing to undergo a consular process may I file for I-212 prior to leaving for my country of origin or do I have to leave and then file?
hi I was entering the usa from a holiday in mexico . I was in usa for 28 years also a greencard holder was released on the border and charged with ina 212 a 9 ii . Then was in imigration jail and told the junge i wont be fighting the case they gave me 10 year ban and i was removed but not deported i my self told them i want to leave. Its been 7 years now my parents both citizens my sister and my son citizens ! can i file i 212 and i 601 now or i have to wait full 10 years to finish >?
Hi Dyan i have a very sensitive case i was deported for ten years back in 08 ive lived in Mexico for almost 13 years now I've patiently waited my ten years plus i have all my siblings in the U.S. most are citizens brother and sisters i signed a voluntary deportation while in Detention in an ice facility i have very close ties to my family they try and help me as much as possible i still have trouble with my Spanish i also was kidnapped and tortured i live in the most violent city in Mexico i was charged with 2 felony charges non violent simple possession and possession of a firearm in a commission of a crime i was deported for ten years I'm going on 14 now i was also state raised in foster homes that we're benefiting from my illigal staying and status since i was 10 years old that's not even the tip of the iceberg what can I do?? I have completely turned my life around i have proof of all the jobs I've kept for many years down here can you please give me advice or any kind of hope i would really appreciate it !!
muito triste como funciona as leis de imigracao chama a pessoa pra entrevista pra dizer o nao deniel a pessoa faz todos os gastos e com isto separando familia ate doentes causando extrema sofrimento
Hello, thank you for your video. My parent voluntarily deported after unlawful presence in the US and has been outside of the US for 14 years. There were no court proceedings for removal or any crime committed whilst living in the US. The I-130 that we filed was just approved and we are currently proceeding with the NVC steps. Is there any form that I have to fill out to in addition to the NVC requirements? Thanks so much!
Accrual of unlawful presence in the U.S. lasting 1 year or more triggers a 10-year bar to re-entry under INA 212(a)(9)(B). After the 10-year bar expires, a Form I-601 immigrant waiver is no longer needed for this inadmissibility ground. Your parents must still disclose the overstay in the DS-260 visa application form. In some cases, a U.S. consular officer may question the applicants about their intentions when they came to the United States. If the applicants planned to overstay, work in the United States, or otherwise violate their status, this may subject them to a permanent bar under INA 212(a)(6)(C)(i) (fraud or willful misrepresentation of material fact to obtain U.S. immigration benefits). The U.S. Consulate will have to be convinced that the applicants had good faith intent to engage in activities that were consistent with the terms and conditions of the visa. Otherwise, a 6ci bar requires a Form I-601/INA 212(i) waiver, which is available only to applicants with a U.S. citizen or permanent resident spouse or parent who will face extreme hardship if they are not admitted to the U.S. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
@@Dyanwilliamslaw mam can I ask a question. I mess up w my k1 visa and I willfully submitted the fraud or misrepresentation of my documents and the consulate give me a letter of permission to apply the waiver I-212f to be eligible for spousal. Is there any chance for us to be approved for this waiver after my fience and got married?
For K-1 visa applicants or immigrant visa applicants, the I-601/INA 212(i) waiver is required to overcome an INA 212(a)(6)(C)(i) bar due to a finding of fraud or willful misrepresentation of material fact to obtain US immigration benefits. To obtain the waiver, the person must have a US citizen spouse/fiance, permanent resident spouse, or US citizen or permanent resident parent who will face extreme hardship if she is not admitted to the US. NOTE: The Consent to Reapply for Admission (Form I-212) does not apply in this situation. You need to consult a qualified US immigration attorney to assess the merits of your case. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I went into the USA in 2009 (with my Peruvian passport) when I was 21 years old and left the country by my own choice in 2011 and immigrated into the Netherlands and in 2016 became a Dutch citizen so I applied for a visa so I can visit my family (they're all citizens at that moment) but when I went to Immigration I find out that I have been banned from 2011 until 2021 so now I like to visit them (my all family) but I'm sure what form should I fill in? Because I left the United States by my own choice because I never felt part of this country and never was convicted or arrested. Now I live in the Netherlands and I finally decided to visit my family.
Hello there I got deported from tx In December 2013 by the court voluntary departure I had a green card 2 years and the reason for my deportation is class A misdemeanor on family members which is my ex wife which form i have to fill out Please
A removal order by an Immigration Judge carries a 10-year bar under INA 212(a)(9)(A)(ii). If the 10-year bar has yet to expire, no visa or admission will be granted unless the person receives a Consent to Reapply (commonly known as I-212 waiver). If "voluntary departure" was granted instead by the Immigration Judge, and the person timely departed within the voluntary departure period, there is no 10-year. Certain criminal offenses make the person inadmissible under INA 212(a)(2), which require another waiver, e.g. 212(d)(3) nonimmigrant waiver (if person seeks to re-enter U.S. on a nonimmigrant visa) or I-601/INA 212(h) immigrant waiver (if person seeks to re-enter U.S. on an immigrant visa. For general information, see 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? (bit.ly/2MTo36b) and When do you need an I-601 Waiver due to criminal grounds (and how do you get it)? bit.ly/38ja3dA. Whether you need to complete or file a Form I-212, Form I-601 or I-192 depends on the facts and circumstances of your case, the reasons you were placed in removal proceedings, your criminal offense, the type of visa or entry you seek, which agency will decide on your application, etc. A waiver is not a stand-alone application for relief. The person must otherwise qualify for the appropriate visa for lawful admission to the U.S. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hello thanks for your video . And I was arrested when I was 17 years old and convicted when 18 with possession with the intended to sell i bled guilty and was not treated like a minor and had given probation for 2 years after always checking with my probation officer after 1 year I get surprised by ice officer then I was dietan for 7 months then I got ordered deported I have my green card and this was my only felony charged in my 4 years in da us and I have all my family are American setizens and now I'm in my country I don't know what the best thing to do .help thnx ❣
I am now a spanish citizen, I was a DACA recipient. I have the 10 year ban. No other crimes. can i apply for this waiver? I want to visit family and friends
Hola abogada yo tengo 2 deportaciones una por rentrada que fue la última y la primera por una felonia no agravante lla tengo 11 años en mi país tengo 4 hijos ciudadanos y mis padres también son ciudadanos como podría calificar para un perdón espero y me pudiera alludar
I received a 5 years bar by removal Ordered! It has already passed 7 years, do I still need to apply for a I-212a waiver before I apply for a B2 visa even thought my bar time has already passed? Thank you so much!
If the 5-year bar due to expedited removal order has expired, no Consent to Reapply is needed for INA 212(a)(9) inadmissibility. Unless there is an INA 212(a)(6)(C) charge, a separate 212(d)(3) nonimmigrant waiver is not required. Even when there are no INA 212 inadmissibility bars, however, the U.S. Embassy may still deny a B1/B2 visitor visa under INA 214(b), i.e. failure to overcome presumption of immigrant intent. In your situation, you can expect tougher scrutiny regarding the true purpose of your visit when you apply for the visitor visa or when you present a visitor visa for admission to the United States. The US Embassy and U.S. Customs & Border Protection have to be convinced that circumstances have changed sufficiently. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I'm a US citizen living in the USA. My Mexican wife was found inadmissible crossing Mexican/USA border in 2020 (before I met her & before we got married; married last month Sept. 2022) & she had an I-275 form processed for Application for Admission Withdrawn & her B1/B2 Toursit Visa (Visa/BCC Canceled) by a CBP officer at port of entry. There was no order of removal from a judge & only by the CPB officer using the I-275 form. I am currently preparing to apply for her I-130 to get her green card so she can be with me in the USA as we just had our first baby born last month. I'm confused on what form I need to fill out, is it the I-212 or the I-601? Also can I filed the I-130 & I-212/I-601 concurrently to allow for concurrent processing time to reduce wait time?
When I arrived at the NY airport they did not let me enter the country because they assumed that I was going to work. they canceled my tourist visa and they sent me back to my country . I have a punishment for 5 years, I miss my husband who lives in the USA. can I ask for a waiver and come back? I am married to a military man from the air force.
An expedited removal order by the U.S. Customs & Border Protection carries a 5-year bar to reentry under INA 212(a)(9)(A). If the bar has yet to expire (i.e. you have NOT been outside the U.S. for 5 years or more), you need a Consent to Reapply (I-212 waiver) to receive any visa or lawful admission to the United States. Otherwise, you may wait for the 5 years to pass before you apply for a new visa , at which you point you will no longer need a CTR to be excused from the INA 212(a)(9)(A) bar. The CTR is not a stand-along application for relief or a travel document. The type of visa you seek determines where and when to apply for the waiver and the documentary evidence to submit. You must also qualify for the visa itself, regardless of whether you have an inadmissibility ground that requires a waiver. For example, if you want a B1/B2 visitor visa for temporary stays, you need to have strong ties abroad to show you have nonimmigrant intent and will timely depart the U.S. (and not violate immigration rules, such as work without authorization). If you want to immigrate to the U.S. to live with your husband, he needs to be a U.S. citizen or permanent resident to file an I-130 immigrant petition for you. An approved I-130 will then allow you to apply for a spousal Immigrant Visa at the U.S. Consulate. Please watch my CTR/I-212 video, which provides general answers on frequently asked questions about the waiver. For more information, see Immigrant Visa Process: Delays and Setbacks (bit.ly/37TDCTc), 2019 Public Charge Rule: 3 Key Changes (dyanwilliamslaw.com/2019/08/public-charge-inadmissibility/), and Changes to the Visa Bulletin: Understanding the Two Filing Charts (bit.ly/37V5pT6). Also see Common Reasons for Visa Refusal or Visa Denial (bit.ly/3rR5KhG) and B-2 Visitor Visa: Traveling to the U.S. for Tourism or a Temporary Visit (bit.ly/3neuvRx). This response includes GENERAL INFORMATION, not legal advice. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
My case is similar. I was denied entry because they assume I was going to work and got 5 years bar. I'm. Also married to a US citizen and we have a 9 months old and a baby on the way. Trying to explore our options so I can re-enter. God's willing
@@Dyanwilliamslaw hello in my case i was honest with the officer i said i worked in 2019. One month ago the officer revoked my Visa B1B2 and 5 years inadmissible.i let the officer know I was working with a cruise line.and for that I need C1D visa. He say I can go with the letter of employment, the expedient he made me ,contact. And be honest with the consul . Is it true? I
Hello. in May 2017, there was a court (misdemeanor), but I was not in the country, and I was given warrant arrest, in November 2017, I arrived at the court date on a tourist visa and I was not allowed to enter the country, I was deported from the airport and my visa was revoked for 5 years. I don't understand how to remove the arrest if I can't get into the country? And how do I get a visa again? Thank if for answering!
Hello Mrs. Williams Year 2003 when i first came to US as a green card holder but on year 2008 i got convicted on a 5 to 10years sentence for aggravated felony on self defense, after serving 5years they granted me my parole and brought me straight to a Emigration ICE Hold for my self deportation. I am married to a US Citizen and my whole family are US Citizen as well. Respectfully Asking, How can i go back to US once again Mrs. Williams ? Thank you & May Godbless you😇
An Aggravated Felony conviction is a permanent bar under INA 212(a)(9)(A)(ii). When this inadmissibility ground applies, the person may not receive any admission or visa to enter the United States. A Consent to Reapply for Admission must be received to allow entry and visa issuance. See dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/. A CTR (I-212 waiver) is not a travel document or a stand-alone application for relief. The person must otherwise qualify for the appropriate visa. In addition, certain criminal offenses make the person permanently inadmissible under another ground, INA 212(a)(2). Some criminal offenses (such as controlled substance violations, other than simple possession of 30 grams or less of marijuana) may not be waived with a Form I-601/INA 212(h) waiver. See dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/ A US citizen may file a Form I-130 immigrant petition for her spouse in the Immediate Relatives category. To get the immigrant visa, however, the beneficiary, must be admissible to the United States or qualify for the appropriate waiver of inadmissibility grounds. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Do you file the i130 first for your parent then the i212 my mom was deported for 5 years and it’s only been 2 years and I’m a us citizen trying to petition for her do I have to do anything else before that
Consulting an attorney would be a good idea but how do you know the attorney isn't more interested in lining their own pockets as many have done. How do you know their advice is sound? It should be USCIS who should provide exact steps to addressing these questions.
USCIS is not an advocate for applicants and does not provide legal advice. The most they do is point you to forms and instructions on their website, without assessing the person's eligibility for U.S. immigration benefits. If they give inaccurate information or guidance, they will not be held responsible the way lawyers are. Lawyers are bound by the rules of professional conduct and are subject to discipline like admonition, suspension and disbarment for ethics violations. You must do your research to find a reputable attorney who has the expertise, experience and interest to provide good counsel. See Why hire an immigration lawyer? dyanwilliamslaw.com/2016/11/why-hire-an-immigration-lawyer/ and 5 Benefits of Having Immigration Counsel at Your In-Person Interview with USCIS. dyanwilliamslaw.com/2018/01/5-benefits-of-having-immigration-counsel-at-in-person-interview-with-uscis/
@@Dyanwilliamslaw Thank you for the response but we all know the system is rigged. Immigration is a business and yes USCIS falls short with what should be their responsibility. Lawyers maybe be disciplined but that system is also flawed. Look at the big lie about Biden and all those attorney's lying and many not be discipline because of politics. It's not what you know it's who you know. Who has time for legal battles when you're trying to survive. Legal advise is a term used to disguise what should be accurate guidance available to the public for free. We pay those justices to render those decisions The rules should be adjusted according to those legal decisions with clear guidance for USCIS if the system wasn't so corrupt. Agreed homework is the only way, sad we can't be more like a united community helping one another with all the details.
Hi I was 2 years conditional green card we fly back to phillippines and got lockdown here , and my green card is expired,now my husband has warrant arrest drugs possession controlled substance and he try to get us back in Texas does he could reapply visa for us while he has ongoing case what the stepp and what he should do does his case affect our application
I’m not sure if you can help me, I held a valid US tourist visa in 2018, when I attempted to entry the US the officer refused the entry and canceled my visa with a ban of not returning to US for 5 years. Currently I’m living permanently in Australia and my Australian husband and I will apply for Australian PR in a couple of months, in my police record from the US I have that I was inadmissible to the US in 2018 under the section 212 a 7aii. Will this be forever in my fbi record? I read the fbi can legally keep for 7 years is that correct? Also, I saw I don’t need a waiver to try and get another US tourist visa. How can I get another tourist visa? As the 5 years ban will be 5 in 09/10/2023. Also how much do you charge per consultation and if you could please break down the price to help me get another US tourist visa. Thank you.
Hello, How are you? Pls i have one big problem, yesterday i was to consulate for Interview , and my turism visa was refused and a i am banned to enter in us on section 212(a)(2)(c) but i never have problem with justice and never involved myself with this kind of activity. Pls try to contact me , i called your number but it isnot going. I want really to resolve my case .
I’m deported last week with my tourist visa when I arrived the airport. They caught me that I worked with my tourist visa. After applied this form, should i apply new tourist visa? Or i don’t need? I still have a tourist visa but they sign the visa with pen. It expires 2031. But not sure it still ok.
Hello I’m hoping you can wander anwser my question. My brother was removed from US under section 212(a) 9. He received a 10 year ban. Can he apply for a waiver. Thank you for your time ❤🙏🙏
Hello and good morning. I have hire a lawyer to work on my case being deported under age in state of Connecticut 2006-2007 My mother is a us citizen. The lawyer filed a I 130 instead of I 212 pardon. Is this the correct steps?
Hi I use to be a green card holder (permanent resident).who seeked refuge during the khmer rouge era ..but they took my green card and order me deported 20 years ago do to a gun charge ...my only felony I have ,am I eligible for CTR too ? Being that I'm a refugee
A 212(a)(9)(A)(ii) bar means the person may not receive a visa or be admitted to the U.S. unless 10 years have passed from the date of departure. The exception is if a Consent to Reapply for Admission (commonly called I-212 waiver) is granted. When the bar no longer applies, no CTR is required. But the U.S. Embassy may still deny the visitor visa application under INA 214(b)(failure to overcome presumption of immigrant intent). This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Under INA 212(a)(9)(A)(i), if the 5-year bar to re-entry due to expedited removal order has yet to expire, a person must receive a Consent to Reapply for Admission before any visa may be issued. After the 5 years have passed, there is no need for a CTR for this inadmissibility ground. The other inadmissibility bar, INA 212(a)(6)(C)(i), is permanent. When this bar applies, a 212(d)(3) waiver is required for nonimmigrants and a Form I-601/INA 212(i) waiver is required for immigrants. See dyanwilliamslaw.com/2017/04/212d3-nonimmigrant-waiver-when-do-you-need-it-and-how-do-you-get-it/ and dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-immigration-fraud-or-misrepresentation-and-how-do-you-get-it/. Furthermore, the person must meet the eligibility requirements for the visa itself. Visitor visa applicants, for example, must show they have strong ties abroad that will compel a timely departure from the U.S. If the US Consulate determines they did not overcome the presumption of immigrant intent under INA 214(b), it will not consider the visitor visa applicant for a CTR or 212(d)(3) waiver. An expedited removal order and 6ci finding make it much more difficult to meet the 214(b) requirement. Significant passage of time and positive changes in circumstances are necessary. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
The counselor officer stated my husband is ineligible due to 212 a 6 e and to get a waiver Who determines this conclusion because my husband did not do this I am a US citizen we have children can anyone please help with this
Hello, I've searching back and forth on all forums and official documents from USCIS but unable to find the answer to my concern. I was denied entry back in 2002(10 years old at the time) due to the fact that the person who was bringing me wanted me to use someone else's info. A week or two after being released back to Mexico I was crossed through the desert with a successful entry and I have been here ever since. My main concern is that depending on how DHS or ICE handled my situation and the years I had accrued of Illegal presence would make me subject to the permanent bar if my US citizen wife tries to sponsor me for permanent residence.
The expedited removal process was created in 1996 for US border officers to refuse entry and deport persons at the U.S. port of entry, based on a finding of lack of proper visa/travel documents and/or a finding of finding of fraud or willful misrepresentation to gain US immigration benefits. It has expanded over time. An unlawful re-entry to the U.S. without proper inspection and admission, following an expedited removal order, on or after April 1, 1997, triggers the 212(a)(9)(C) bar. When this bar applies, the person needs a Consent to Reapply for Admission (Form I-212 approval) to receive an immigrant visa. He must wait outside the U.S. for 10 years to become eligible to file for the CTR to overcome the 9C bar. You may file a FOIA request with U.S. Customs & Border Protection to verify if any expedited removal order was issued. In some cases, a person is just refused entry. In other cases, an actual ERO is issued. Unfortunately, a FOIA response is not always 100% accurate. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hello I was in US in f1 visa. I voluntary came back to my country before my i20 and visa expired. So now I want to apply in B1 visa to visit my family is there any bar of 5 or 10 yrs I need to face. Or I also need waver?? It will be great help if you reply me. Thanks.
If you have a removal (deportation) order with aggravated felony conviction, you have a permanent bar under INA 212(a)(9)(A)(ii). A crime-related bar requires an additional waiver, either I-601 immigrant waiver or 212(d)(3) nonimmigrant waiver, depending on the type of U.S. visa or admission you seek. You also have to be otherwise eligible for an appropriate U.S. visa for admission to the U.S. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to provide more details on your case and to inquire on the consultation process. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I’m India high court advocate I have problem of my son in immigration border police given to my son act 235 (b) (1) he is f1 student and the immigration police his pass port revoked 5 year he has to complete his MS in us
Im from pakistan i been deported from us i guess did not follow the judge decision voluntary departure the whole family got deported in 2007 is been almost 17 years i live in Malaysia now i have Malaysian wife she just get b1/b2 visa so im planing to travel with her do i need i 212 waiver please let me know tq
Lived in the US since 3 yrs old. Caught an aggravated felony for a federal Marihuana conviction when i was a teenager. Changed my life completely around, had a kid and was years into my career when ICE picked me up at the age of 24. My whole family is back in the US. Is there any way I can make it back, especially with marihuana being decriminalized and even made legal in a lot of states. Although not at the federal level. I was deported in 2018, I am now 29
Marijuana is still a controlled substance under US federal law, which governs US immigration issues. Section 212(a)(2)(A) (i)(II) of the U.S. Immigration & Nationality Act (INA) states a person is inadmissible to the U.S. if he violated (or conspired or attempted to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, as defined in section 802 of Title 21 (U.S. federal law). To be subject to this permanent bar, the person must be convicted of or admit to the essential elements of a controlled substance violation. The Form I-601/I-212(h) Immigrant waiver of this permanent bar is available only when the intended immigrant has one controlled substance violation involving simple possession of 30 grams or less of marijuana (or an equivalent amount of hashish). See: When do you need an I-601 Waiver due to criminal grounds (and how do you get it)? dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/. The 212(d)(3) Nonimmigrant waiver of this permanent bar is available for all controlled substance violations. It requires the applicant to show rehabilitation from the US immigration violation/criminal offense, legitimate reasons for seeking a temporary visit to the United States, and no risk of harm to US public interests. See 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? dyanwilliamslaw.com/2017/04/212d3-nonimmigrant-waiver-when-do-you-need-it-and-how-do-you-get-it/ Section 212(a)(9)(A)(ii) of the INA states a person is inadmissible to U.S. if he was convicted of an aggravated felony. Section 101(a)(43) of the Immigration and Nationality Act lists controlled substance trafficking an aggravated felony offense. The Form I-212/Consent to Reapply for Admission is required to receive any visa or admission when you have this bar. It requires the applicant to show the favorable factors outweigh the unfavorable factors. See When do you need an I-212 Waiver (and how do you get it)? dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/ Under current law, you are not eligible for permanent residence in the United States, even with an approved family-based immigrant petition filed on your behalf. The Form I-601/INA 212(h) immigrant waiver is available in only one very limited situation, which does not apply in your case. While you may seek a Consent to Reapply for Admission and 212(d)(3) waiver with a visitor visa application, the decision on whether to grant the requested relief is very discretionary. You must show rehabilitation, significant changes in circumstances, strong ties abroad and other positive factors to be considered favorably for temporary stays in the U.S. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I enter the USA illegally with my mother but I was only 11 years old. I left the USA 9 years ago to come to Switzerland for love! Now I want to go back and visit my parents. I have my visa interview November 9th? Do I need this waiver? And can you help me get one? Can you email me for prices? Thank you
Great info... one question though: When to file an I-212? At the same time you start the Parent/Son application? Or after aproval of it and also after visit at the consulate abroad? In the time line... when does an I-212 appear
INA 212(a)(6)(E) subjects the applicant to a permanent bar due to "Alien Smuggling." It states that a person who at any time knowingly has “encouraged, induced, assisted, abetted or aided” any other person to enter or to try to enter the United States in violation of law is inadmissible and is thus ineligible for a visa or entry to the U.S. An example is knowingly making false oral or written statements or knowingly providing fraudulent documents on behalf of any visa applicant, if the misrepresentation was material to the applicant's visa eligibility. Other examples are physically bringing a person into the U.S. in violation of law and helping an individual in any way to arrange for entry into the U.S. in violation of law. An 212(6)(E) finding can be made retroactively: it may result from any conduct that occurred at any time in the past. If the "Alien Smuggling" involved the applicant's spouse, parent, son or daughter, there is a Form I-601, Immigrant Waiver under INA 212(d)(11) if the DHS decides to exercise favorable discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. There is a 212(d)(3) Nonimmigrant Waiver if the applicant meets the eligibility criteria in Matter of Hranka and otherwise qualifies for a nonimimgrant visa/status. See 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? dyanwilliamslaw.com/2017/04/212d3-nonimmigrant-waiver-when-do-you-need-it-and-how-do-you-get-it/ This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case.
A removal order by an Immigration Judge creates a 10-year bar to re-entry under INA 212(a)(9)(A)(ii). Until this bar expires, a Consent to Reapply for Admission is needed to get any visa or admission to the U.S. Certain criminal offenses make the person permanently inadmissible to the United States under INA 212(a)(2). There is a 212(d)(3) nonimmigrant waiver and a Form I-601/INA 212(h) immigrant waiver for eligible applicants with crime-related inadmissibility. Being charged with marriage fraud creates a permanent bar under INA 212(a)(6)(C)(i). There is a 212(d)(3) nonimmigrant waiver and a Form I-601/INA 212((i) immigrant waiver for eligible applicants with (6)(C)(i) bars. INA 204(c) further prohibits USCIS from approving any subsequent petitions (e.g. I-130 and I-140) for the beneficiary who was charged with marriage fraud. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamslaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hi. Thank you for brief explanation. I am subject to 10 years bar. I left the US on January 2015, entered on 2005 on F1 students visa. Now, I live in Indonesia, my family won DV Lottery 2022 and my wife as primary applicant. I am the derivative as well my 6 years old daughter. My interview's schedule probably june 2022. Which form should I apply and What is the chance for my case to be issued a visa. I have no criminal record, I am a restaurant server for whole 10 years, I paid my income tax, no drinking no drugs. Thank you in advance
If you have a 10-year bar due to accrual of unlawful presence lasting 1 year or more (prior to departure from the U.S.), you will not get a Diversity Immigrant Visa without a Form I-601/INA 212(a)(9)(B)(v) waiver. You must have a qualifying relative - US citizen or permanent resident spouse - who will face extreme hardship if you are not admitted to the U.S. Your wife will not become a permanent resident until she arrives in the US with the DV visa and is lawfully admitted. You are not eligible for the I-601 waiver until your wife is a permanent resident. Because the DV has time restrictions, it is likely that your wife will first have to become a green card holder and then file an I-130 immigrant petition for you in the F2A category. Following I-130 approval, you may then apply for a spousal Immigrant Visa and the Form I-601 waiver to be excused from the unlawful presence bar. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Halo pak suwito . Sy nanya nih .... Sy dulu pernah overstayed 2 tahun di 2002-2004. Sekarang tahun 2022 ini sy mau apply visa lagi untuk visa turis . Apakah bisa di approve ya pak ?? Terimakasih untuk jawaban nya 🙏🏻🙏🏻🙏🏻
You first need to confirm whether you are really subject to the 10-year bar. In general, F1 students admitted in Duration of Status do not accrue unlawful presence toward the 3/10 year bar, unless there is an official finding of a status violation by USCIS or Immigration Judge prior to departure. When a person is truly inadmissible due to the 3/10 year bar, he needs a qualifying relative (US citizen or permanent resident spouse or parent) who will face extreme hardship if he is admitted to the U.S., to be eligible for a Form I-601 waiver. Your spouse, for example, must first become a permanent resident for you to have a qualifying relative to file a Form I-601. This requires her to land in the US with a Diversity Visa and be admitted as a permanent resident. There is a time restriction on getting the DV visa to follow to join the principal applicant. In the alternative, a permanent resident may file a family-based I-130 immigrant petition for a spouse in the F2A category. If the spouse has a 3/10-year bar, he must wait for it to expire or he must file for and receive the I-601 waiver for an immigrant visa to be issued. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hello ma'am. hello my name Rahim s Ali last July I got deported to Pakistan I have three children's born in USA my older son he's 23 yrs old n two other kids 18 and 15 I was living in Dallas tx my first deportation was 1999 by judge because didn't go in my hiring and I got pull over by police officer 2007 turn me in the ice then I got release on voluntary departure officer told me I have 30 days to leave the USA later apply for my passport from Houston pakistan embassy I got my passport then I go to Mexican embassy to get mexico visa April2007 my wife she from Mexico then I go Mexico then I Cross mexico border and reentry to USA in 2012 I when to Denton county to pay my ticket police officer ask to turn myself for one hour to dismiss my ticket from record so I turn myself and ice officer show up ask me again you been deported it what are you doing here later he send me Dallas field office to later send me detention center after180 days they release on supervision unit they found my travel documents ice officer pull over by my house early in morning own my way to work march 10 2020 deported back to Pakistan July27 2020
Hello I'm a new subscriber 😇I just want to ask my husband entered u.s undocumented he used different name he knew it's illegal but at that time it's his only way to enter the u.s.his been in Vegas since 2001,he wants to apply for a visa,green card or anything that can help him stay and work in u.s is there hope for his situation? I hope you can help me thanks in advance 🙏❤️
Every application is different. Preparing a compelling case depends on your inadmissibility grounds, why you need the waiver, the type of visa or entry you seek for admission to the U.S., and the particular facts and circumstances in your case. You may read the Form I-212 instructions to get a sense of the favorable factors and unfavorable factors that the adjudicators consider. You should at least complete a consultation with an experienced U.S. immigration attorney even if you cannot afford representation.
What if someone enters withouth visa has an order of removal for not showing up in court and judge refused to open case. Can one apply through I212 and then 601A being married to a USA citizen and being sent to your country for interview withouth being banned for 5 or 10 years. My I212 was aproved and 601A has been sent. Is there a banned even though I-212 and 601A gets aproved, once leaving the country for interview.
Assuming you have all the appropriate waivers for all your inadmissibility grounds, you should not be prohibited from receiving a visa at the US Consulate. At the interview, however, the consular officer may question you further to determine whether there are additional inadmissibility bars that were not covered by the waivers, e.g. INA 212(a)(6)(C)(i)(fraud or willful misrepresentation to receive US immigration benefit), INA 212(a)(6)(C)(ii)(false claim to US citizenship to gain a benefit under immigration, state or federal law), or INA 212(a)(2)(A)(certain criminal records). If your case has been thoroughly reviewed and all necessary waivers have been applied for and received, you generally should be able to receive the visa. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
My father was on immigration proceedings since 1995 because he entered the US without inspection. He left the us voluntarily before he was removed. After 26 years, I’m trying to get him back to the US. I’m about to fill out the form I-130 for him. Before I apply, I requested a FOIA on his behalf and I got it. One of this paper mentioned, he need to apply for admission now I wonder do I need to fill out I-212 or I-601 thank you.
It is unclear what "paper" mentioned your father needs to apply for admission, and what you mean by "admission." An I-212 is needed if the person has a bar under INA 212(a)(9)(A)(removal order or aggravated felony conviction) or 212(a)(9)(C) (illegal re-entry or attempted illegal re-entry following removal order, or following accrual of unlawful presence lasting more than 1 year). See dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/. The I-601 is for other types of inadmissibility, such as INA 212(a)(9)(B)(3/10 year bar due to accrual of unlawful presence lasting more than 180 days ), INA 212(a)(6)(C)(i)(fraud or willful misrepresentation of material fact to obtain US immigration benefit), and INA 212(a)(2)(A)(certain criminal offenses). You must consult an experienced US immigration attorney to verify whether your father is subject to any inadmissibility bars and what waiver he needs (if any). This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
212a6ci imposed for the last 18 years. which i never know about this happen 2 years back applied for us visa they given me this copy 212 a 6 ci dont know what to be done help me
I got a domestic violence with my wife going jail for 180day 2 more year i need to renew my green card but i scary they might Deport me i need help me and my wife still married and live together can i do any thing to hrlp me ?
Good Day My husband was issued a 5 year ban over 10 years ago. We now have an open case at the NVC for a green card I am a US citizen petitioning for him. All documents have been accepted. We are now worried that he may be refused at his green card interview because we did not complete any waiver. I am unsure of this...Does he need a waiver still for this??? Or not? If so which one? Do we still have time.. ? Please help! Thank you so much .
If your spouse has a 5-year bar (due to expedited removal order), and he has remained outside the US since then for more than 5 years, the inadmissibility ground expires. In that case, there is no INA 212(a)(9)(A) bar. But you will need to consult with a U.S. immigration attorney to verify whether he has other inadmissibility bars that you might be overlooking. At the visa interview, the U.S. Consulate will verify admissibility issues and normally instructs the applicant to file for a waiver if one is available. If the inadmissibility grounds are verified and known ahead of time, the applicant may start the waiver application process before the visa interview. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
@@Dyanwilliamslaw Good Day Thank you for your response. It is greatly appreciated. I started a petition for my husband over two years ago, we are still waiting for his interview & I am a US Citizen we have two young sons together. It takes over 3 months to communicate with the NVC. I guess all we can do is wait although it is causing us great distress. I understand many families are in the same situation. Extremely sad & inhumane in my opinion. There is no help from the NVC what so ever. They are just asking us for documents that have already been accepted which is causing more delays to our case. I cannot thank you enough for your response. Bless you!
I`m undocumented for so long but now i'm in my country...came back without any immigration issue , cameback by my own.can i go back to us if i get married to my permanent residence fiance.
A drug conviction is a permanent bar under INA 212(a)(2)(A) (i)(II) and does not expire under current law. See dyanwilliamslaw.com/2015/09/immigration-consequences-of-criminal-offenses-myths-facts. There is an I-601/INA 212(h) immigrant waiver for certain persons who have just one controlled substance violation involving simple possession of 30 grams or less of marijuana. See dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/. There is a 212(d)(3) nonimmigrant waiver for all drug offenses. dyanwilliamslaw.com/2016/03/212d3a-nonimmigrant-waiver-advantages-and-disadvantages/ A waiver is not a stand-alone relief that provides travel authorization. Even if you are eligible for an I-601/INA 212(h) immigrant waiver or 212(d)(3) nonimmigrant waiver, you must otherwise be eligible for the appropriate visa. For example, the U.S. Embassy will not recommend a 212(d)(3) waiver if it determines a visitor visa applicant does not meet the INA 214(b)(nonimmigrant intent) requirement. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hello. I have already an approved I-130 petition for my mother to immigrate to the US. However, in 2012 she was ordered expedite removal for 212(a)(7)(i)(i) for 5 years. It's been 10 years now. Does she need a waiver? Thank you!
Under INA 212(a)(9)(A)(i), a person is barred for 5 years from the date of departure if she was issued an expedited removal order. If more than 5 years have passed, a Consent to Reapply for Admission (Form I-212 approval) is no longer needed for this specific inadmissibility bar. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
This federal regulation gives immigration officers authority to revoke a visa. For example, a CBP officer may cancel the visa at the U.S. port of entry when it determines the person is inadmissible to the U.S. and issues an expedited removal order or allows the person to withdraw the application for admission. You must consult with a U.S. immigration attorney to discuss the effects on a future visa application or request for entry. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
An illegal re-entry to the U.S. without proper admission on or after April 1, 1997 -- following a removal order or following accrual of more than one year of unlawful presence in the U.S. on or after April 1, 1997 -- subjects you to a permanent bar under INA 212(a)(9)(C). Ineffective counsel or lack of advice from your lawyer does not spare you from the permanent bar. When the (9)(C) bar applies, the person must wait outside the U.S. for at least 10 years from the date of last departure to file for a Consent to Reapply for Admission. The CTR is not a stand-alone application for relief and must normally be connected to a request for a visa, for which you are otherwise eligible. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
A U.S. citizen or permanent resident may file an I-130 immigrant petition for a spouse to apply for an Immigrant Visa. If the visa applicant is inadmissible under INA 212(a)(9)(A) due to a removal order by an Immigration Court or by U.S. Customs & Border Protection, a Consent to Reapply for Admission (Form I-212 approval) is needed for Immigrant Visa issuance. If the applicant has a 3/10 year unlawful presence bar due to accrual of unlawful presence in the United States lasting more than 180 days prior to her departure, a Form I-601/INA 212(a)(9)(B)(v) waiver is required for Immigrant Visa issuance. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
What's 212(a)(7)(A)(i)(I) means in my B1B2 visa this happened 2 months ago . I got a job offer for cruise line I will need my Visa C1D because it expired already. Can I apply for it if I have letter of employment contract, and the officer 's expedient .
Section 212(a)(7)(A)(i)(I) means you were found to have immigrant intent without the proper visa or travel document. If you were issued an expedited removal order at the U.S. port of entry, this creates a 5-year bar to re-entry under INA 212(a)(9)(A)(i). When this bar applies, the person must wait for the 5-year bar to expire OR receive a Consent to Reapply before any visa may be issued. Even if no section 212 inadmissibility ground exists, a person may be denied a C1D visa or B1/B2 visitor visa under the catch-all provision of INA 214(b)(failure to overcome presumption of immigrant intent). A 212(a)(7)(A)(i) finding makes it harder to meet the INA 214(b) requirement. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
In Immigrant Visa cases, the National Visa Center (NVC) will work with the US Embassy to schedule a visa interview appointment. If you already completed an initial interview, the US Consulate might need to call you back in for a follow-up interview and give you further instructions, following the waiver approval. USCIS is supposed to notify the Embassy of the waiver approvals. In some cases, the applicant has to follow up with the Consulate to inquire on next steps. This could involve filing an updated DS-260 visa application, completing a new medical exam, and submitting more recent evidence of financial support - due to passage of time. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
We applied for the I-212 Waiver for a five year bar. USCIS has not adjudicated our case and now the 5 year period is over. What is the next step? The Embassy has granted an interview, however, the uscis wait period has increased to 20.5 months. In our case, the Embassy has not read the legal memorandum prepared by you and thinks my spouse is lying about his intent when he came to the US. Should we wait for USCIS to adjudicate his case or is it up to the Embassy now?
What if im from a visa waiver program conutry but got convicted of a Aggravated felony which only resulted in 2 month incarceration at at juvenile dentention center, i got alot of friends from NYC. I wish to visit? What are my chances of a successful legal entry?
A person with an aggravated felony conviction is not eligible to use the Visa Waiver/ESTA program, even if they are a national of a country that is part of this program. A person who is inadmissible under INA section 212(a)(9)(A)(ii) (due to aggravated felony conviction) must first receive a Consent to Reapply for Admission before a visitor visa may be issued to him. In addition, the US Consulate/Embassy must find the person otherwise qualifies for the visa before the CTR is recommended and forwarded to the DHS/CBP-ARO for a review and decision of a CTR request. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case.
Without knowing the facts of your case, I will not comment on whether you in particular may file for an I-212 or I-601A provisional waiver. A person who seeks to immigrate to the United States will need a Form I-212 approval if they are barred under INA 212(a)(9)(A), due to a removal order. If the person is in the U.S., the I-212 may be granted on a conditional basis if USCIS finds he is eligible for the relief and the favorable factors outweigh the unfavorable factors. The condition is that that person must depart the United States to apply for the Immigrant Visa. If the person is also inadmissible due to 3/10 year unlawful presence bar, he will also have to apply for and obtain an I-601A waiver. See I-601 waiver or I-601A waiver for unlawful presence? dyanwilliamslaw.com/2016/02/i-601-waiver-or-i-601a-waiver-unlawful-presence/ This response includes GENERAL INFORMATION, not legal advice. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not always respond to UA-cam comments. See dyanwilliamslaw.com/contact/. Please talk to a qualified immigration lawyer about your questions and concerns in a private forum.
The I-212 is not a stand-alone application for relief that provides any U.S. immigration status. It is for persons who are applying for an appropriate visa (immigrant or nonimmigrant), but are inadmissible to the United States under INA 212(a)(9)(A) or (C). The Consent to Reapply allows the US Embassy to issue a visa despite the bar. If you have an asylum application pending before USCIS or before an Immigration Court, you will need to attend your interview or hearing to be considered for the relief. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I am on a 10 year bar and have lived outside the US for 3 years.I have a qualifying US citizen minor who is facing extreme harship due to illness. .Can you asssit me in filing for the waiver i need to apply for a Visa or Humanitarian Parole.Please advise the way forward in my case.Thank you
You stated you have a 10-year bar, but did not specify whether this is due to a removal order by an Immigration Judge - which leads to INA 212(a)(9)(A) inadmissibility - or due to accrual of unlawful presence lasting 1 year or more - which leads to INA 212(a)(9)(B) inadmissibility. A person who is barred under INA 212(a)(9)(A) must receive a Consent to Reapply for Admission before any visa may be issued to him. This requires the applicant to prove the favorable factors outweigh the negative factors. Meanwhile, a person who is barred under INA 212(a)(9)(B) must receive a Form I-601/INA 212(a)(9)(B)(v) waiver before an Immigrant Visa may be issued to him. This requires the applicant to prove he has a US citizen or permanent resident spouse or parent who will face extreme hardship if he is not admitted to the US as a permanent resident. A U.S. citizen child is not a qualifying relative for I-601 purposes. The Consent to Reapply and Form I-601 waiver are not travel documents and are not stand-alone applications for relief. A consultation with a US immigration attorney is needed to assess your eligibility for an appropriate visa, e.g. immigrant visa based on I-130 family-based petition, B1/B2 visitor visa. Humanitarian Parole is for persons who have a compelling emergency and have urgent humanitarian reasons to enter the U.S. for a temporary period. It is not meant to avoid normal visa-issuing procedures or to bypass immigration procedures. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to request a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Got Removed in 2019 due to a 2012 Removal order for missing a semester of school placing me in removal proceedings. While in proceedings, I got an approved I-130 through my US citizen wife in 2016. Now I’m outside the US.. I may need to file I-212 and I-601 and I-824 USCIS to the NVC .. my question is which one should I file first.... an I-824 or an I-212/I-601?
The I-824, I-212 and I-601 are filed with USCIS, not NVC. (The NVC is part of the U.S. Department of State and handles the preliminary processing of immigrant visa requests.) An I-824 is to request USCIS take action on a previously approved petition, such as sending it to NVC. Immigrant Visa applicants who need both an I-212 and I-601 file the applications concurrently with USCIS -- normally after you have attended your visa interview at a U.S. Consulate and the consular officer has informed you of the inadmissibility bars. Under current instructions, the I-212 and I-601 are filed with the USCIS Phoenix lockbox and the USCIS Nebraska Service Center makes the decision. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hey J Mendy, l also have similar deportation history from Germany. And l was wondering how it might impact my visa application for US or Australia. Due to some health problems l was not able to complete my study on time and l was deported. Was extension of the study was the case for you when you were missing the semester?
Is an i-601 necessary for someone with an approved 212 waiver who has waited outside the country for more than 10 years with a permanent bar? This was for the offense of more than one illegal entry but no other violations occurred and there is no criminal history. We are waiting for our interview date notification, And I am scared that it is going to get denied because we don't have an i-601
Accrual of unlawful presence in the U.S. lasting more than 1 year subjects the person to a 10-year bar to re-entry under INA 212(a)(9)(B). The bar to re-entry if 3 years if the unlawful presence was more than 180 days to less than 1 year. If the person waits outside the United States for 10 years, the 3/10 year unlawful presence bar under INA 212(a)(9)(B) will run concurrently and expire at the end of the wait. In this situation, a person does not need an I-601 waiver to be excused from the 3/10 year bar. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
@@Dyanwilliamslaw Thank you for confirming. My lawyer had already assured me I don't need the 601. But after spending 13 years of my life in Mexico, I don't trust any single opinion anymore
Twenty-Year Bar : You have a 20-year bar on reentry from the date of your removal if you were ordered removed from the U.S. more than once, whether as an arriving alien or not. [INA section 212(a)(9)(A)(ii)] Permanent Bar: You have a permanent bar on reentry from the date of your removal if: 1. You were convicted of an aggravated felony. [INA section 212(a)(9)(A)(ii)]. NOTE: For purposes of this permanent bar, it does not matter whether you have been convicted of an aggravated felony in or outside the United States, whether the conviction itself resulted in the removal order, or whether the conviction occurred prior to or after the removal order. 2. You reentered or attempted to reenter the U.S. illegally after you accrued more than one year (in the aggregate) of unlawful presence in the U.S. and left. [INA section 212(a)(9)(C)(i)(I).]; or 3. You reentered or attempted to reenter the U.S. illegally after you were ordered removed from the U.S. [INA section 212(a)(9)(C)(i)(II)]. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hello, I was deported in August 2019 (I-212 A 9) and banned for 5 years. Last year my boyfriend submitted I-129 form in USISC. K1 processing is super long nowadays. If everything goes smooth and we will pass through 2 and 3parts by the end of 2023 , I assume I will need to apply for a waiver. I found out that the waiver takes even longer (about 27 months) on USISC site. However, in august 2024 5 years ban will be over. I can not find anywhere on internet if I need to apply for a waiver after 5 years are passed. It is very stressful situation. From one side, it is hard to be so far from beloved one, from another it is killing not to know how long we should wait. I hope there is another solution for those who is applying for K1 and whose ban is about to end anyways. Is there any other solution?
Hello We are on k1 as well and my fiance was asked for pardon 212 May 4th of this year. I don't think the pardon can be submitted until you are told to get one.
My mother was deported 2001 and re enter 2002.she still maried to my father who was abusive to her they are separated .my mother re enter after she found out I was sexual abuse when I was left behind behind age 1 .She was deported for mis represent her self as a us citizen . the judge gave her 5 years ban. She was living in the USA . took a trip to her country with fake dock try to come back and got caught She is a very good mother. And I need some help for her . what can I do?
She can file for vawa since she was abused by your father. If you have evidence of all that you can work on your case alone. I was in the detention center with a girl with the same problem and she won her case. LMK if u have questions. I am not a lawyer but I pretty much know the system
Hi I’m from Guatemala In 2012 I was deported after my deportation I re-entered the United States and lived for 10 years with my wife and son, they are American citizens. Now that I came to my interview to the US consul in Guatemala they found me inadmissible under ina 212 (a)(9)(c) (ii) Can you file 212 at any time with uscis
An illegal re-entry to the U.S. without proper admission -- following a removal order -- subjects you to a permanent bar under INA 212(a)(9)(C). When this bar applies, the person needs a Consent to Reapply for Admission (Form I-212 approval) to receive an Immigrant Visa. The person has to be physically outside the United States for at least 10 years since the date of last departure to file for the CTR. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
i have found inadmissible section 212(a)(9) deported upon the arrival and barred for 5 years i have question can i apply k1 visa me and my boyfriend have plan to get married he is a us citizen do i need to hire lawyer for my case?
A K-1 visa may not be issued if the 5-year bar under INA 212(a)(9)(A) has not yet expired or you do not have a Consent to Reapply (Form I-212 approval). If you do not want to wait out the bar, you have first get an I-212 approval from USCIS before the US Embassy may grant the visa. You should at least consult with an experienced US immigration attorney even if you do not end up hiring one for your case. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I assume your wife is a US citizen or permanent resident seeking to have you join her in the US on a spousal immigrant visa. A US citizen or permanent resident may file an I-130 petition for a spouse. If USCIS approves the petition, the spouse may then apply for an Immigrant Visa at the US Consulate/Embassy. To get the visa, he must be admissible to the United States or receive the proper waiver if he is inadmissible. The reason for your deportation is a relevant factor to consider. Some reasons make you permanently inadmissible to the United States, e.g. aggravated felony, certain criminal offenses, fraud or willful misrepresentation of material fact to obtain US immigration benefits. Some reasons make you inadmissible up to a certain period, e.g. 10 years due to accrual of unlawful presence in the US prior to departure. Some inadmissibility grounds cannot be waived, such as controlled substance violations unless they involve a single offense of marijuana possession (30 grams or less). In some cases, you need an I-601 waiver, an I-212 waiver, or both, which carry eligibility and evidentiary requirements. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to request a consultation. We do not respond to every UA-cam comment or question. See dyanwilliamslaw.com/contact/
You seem to be asking whether you may travel to Singapore as a tourist. Singapore and every other country have its own immigration laws, regulations, rules, and policies. The 5-year bar due to expedited removal order is a bar to entry to the United States. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case.
Where you file the I-212 depends on whether the applicant is seeking an immigrant visa or nonimmigrant visa, and other factors. In some cases, an official Form I-212 and filing fee are not required, such as when the person is applying for a visitor visa at the US Consulate. In other cases, an official Form I-212 and filing fee must be submitted to USCIS, such as when a person is applying for an immigrant visa at the US Consulate. In all cases, the CTR/I-212 applicant should submit documentary evidence and information showing the favorable factors outweigh the negative factors. See dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/ This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Due to the high volume of inquiries we receive daily, we do not respond to every single one. It's not clear how you tried to contact me. The easiest way to get a response is to send an email to info@dyanwilliamslaw.com with a basic description of your case. This will help us determine whether a consultation is appropriate. We provide consultations and representation in specific areas of U.S. immigration law. See dyanwilliamslaw.com/u-s-immigration-citizenship/
I was deported from usa in 2020 due to illegally entered in US. My interview for assylum was failed and they removed me.Thay banned me for 5 years. Can i come back again illegally?
A 5-year bar under INA 212(a)(9)(A)(i) means you are prohibited from entering the United States until the time period has passed. In the alternative, you must receive a Consent to Reapply for Admission to receive any visa or entry to the United States. An illegal entry to the U.S. and removal from the U.S. (especially when it's recent) are negative factors for the agency to consider in deciding whether to grant the CTR. Furthermore, you must otherwise be eligible for the appropriate visa to seek lawful entry to the U.S. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
If a person has an INA 212(a)(9)(C) bar -- which is a permanent inadmissibility ground - he will not be allowed to immigrate to the United States (even if he is the beneficiary of an approved spousal petition). The person must first receive a Consent to Reapply for Admission (Form I-212 approval) before the immigrant visa may be issued by the US Consulate/Embassy under law. He is not eligible to apply for the CTR until at least more than 10 years after the date of his last departure from the U.S. The filing of the spousal petition has to be timed appropriately. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
You are really a good lawyer....
Very useful information. What i liked most its the suft or easy way to explain every subject. Congratulation. First time I got into this channel...and I must say....I´ll stay.
It covers all, very professional. Thank you.
This information is exactly what i need. I m from Hong Kong and II dropped you an email yesterday. I look forward to hearing from you soon.
My father was a legal permanent resident in 88 but his legal status was taken, when he unlawfully tried to distribute a small amount of marijuana into the U.S. He did sometime in jail and then was deported.
He entered without permission years later and was deported in 94 due to a family violence incident. During his court proceedings he said the judge gave him the opportunity to find a lawyer to help him stay here because he had 5 U.S. citizen children under the age of 12 but he did not have the funds to hire an attorney. He then went to jail and was deported. He has been out of the U.S for over 20yrs.
I now want to petition my father, but want to do my research first to see if he even qualifies for re-entry.
Side note:(My dad told me the IJ told him he won’t be allowed to enter U.S. for at least 10 yrs.)
My question is: How can figure out what bar my father falls under?
If he did qualify for form I-212, how can I prove a hardship if all his children are adults?
AND
If he has a medical problem like diabetes and low blood pressure, is that a burden for the government, resulting in an automatic disqualification?
* I will seek to do a FOIA and a FOIA/OBIM (not sure if I can do this if he is not in the U.S as I see it requires his fingerprints)
Any advice or information is greatly appreciated.
Your limited information indicates your father has crime-related inadmissibility under INA 212(a)(2)(A) (controlled substance violation) and INA 212(a)(2)(C) (controlled substance trafficking). Unless the conviction involved only simple possession of marijuana (30 grams or less) and no distribution/sale or other additional controlled substance offenses, the applicant does not qualify for the Form I-601 immigrant waiver. See When do you need an I-601 Waiver due to criminal grounds (and how do you get it)? dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/. There is a 212(d)(3) Nonimmigrant Waiver for crime-related inadmissibility under INA 212(a)(2)(A) and (C), but the applicant must otherwise be eligible for a nonimmigrant visa/status. See Form I-212 and I-192 Approvals for U.S. Visits Following Controlled Substance Trafficking Offense and Deportation with Aggravated Felony Conviction = A True Success Story, dyanwilliamslaw.com/2024/04/form-i-212-and-i-192-approvals-for-u-s-visits-following-controlled-substance-trafficking-offense-and-deportation-with-aggravated-felony-conviction-a-true-success-story/
If the person was convicted of an "aggravated felony" (e.g. controlled substance trafficking) and was removed from the U.S., he has an INA 212(a)(9)(A)(ii) bar that requires a Consent to Reapply for Admission, which is different from the Form I-601 Immigrant Waiver and 212(d)(3) Nonimmigrant Waiver. There is an INA 212(a)(9)(C) permanent bar, due to illegal entry or attempted illegal entry, only if the person accrued the (1+ year) unlawful presence or was ordered removed on or after April 1, 1997, or entered or attempt to reenter the U.S. unlawfully on or after April 1, 1997.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case.
Amazing attorney
Hello attorney i am aggravated felony charge and deported since 2002 can i obtain a re entry to the U.S.
Hello!
My visa was cancelled and I was deported in 2018 getting a five-year ban, on the grounds of illegally working on the summer of 2017 (having a B1-B2 visa).
What are my chances to get a H-2B Working Visa, now after my ban was expired?
Great information, I will consult with you.
Im déported in order 235(b)(1) or 240 what does it mean how to.aply for.waiver
thank you very much for the content, this is a very complicated subject. If I am an ilegal immigrant with a deportation order (I applied for asylum and was rejected) residing in the USA with an approved I-130 and I am wishing to undergo a consular process may I file for I-212 prior to leaving for my country of origin or do I have to leave and then file?
What if deported from Air port still need wavier?
hi I was entering the usa from a holiday in mexico . I was in usa for 28 years also a greencard holder was released on the border and charged with ina 212 a 9 ii . Then was in imigration jail and told the junge i wont be fighting the case they gave me 10 year ban and i was removed but not deported i my self told them i want to leave. Its been 7 years now my parents both citizens my sister and my son citizens ! can i file i 212 and i 601 now or i have to wait full 10 years to finish >?
Thank you
Hi Dyan i have a very sensitive case i was deported for ten years back in 08 ive lived in Mexico for almost 13 years now I've patiently waited my ten years plus i have all my siblings in the U.S. most are citizens brother and sisters i signed a voluntary deportation while in Detention in an ice facility i have very close ties to my family they try and help me as much as possible i still have trouble with my Spanish i also was kidnapped and tortured i live in the most violent city in Mexico i was charged with 2 felony charges non violent simple possession and possession of a firearm in a commission of a crime i was deported for ten years I'm going on 14 now i was also state raised in foster homes that we're benefiting from my illigal staying and status since i was 10 years old that's not even the tip of the iceberg what can I do?? I have completely turned my life around i have proof of all the jobs I've kept for many years down here can you please give me advice or any kind of hope i would really appreciate it !!
muito triste como funciona as leis de imigracao chama a pessoa pra entrevista pra dizer o nao deniel a pessoa faz todos os gastos e com isto separando familia ate doentes causando extrema sofrimento
Hello, thank you for your video. My parent voluntarily deported after unlawful presence in the US and has been outside of the US for 14 years. There were no court proceedings for removal or any crime committed whilst living in the US. The I-130 that we filed was just approved and we are currently proceeding with the NVC steps. Is there any form that I have to fill out to in addition to the NVC requirements? Thanks so much!
Accrual of unlawful presence in the U.S. lasting 1 year or more triggers a 10-year bar to re-entry under INA 212(a)(9)(B). After the 10-year bar expires, a Form I-601 immigrant waiver is no longer needed for this inadmissibility ground. Your parents must still disclose the overstay in the DS-260 visa application form. In some cases, a U.S. consular officer may question the applicants about their intentions when they came to the United States. If the applicants planned to overstay, work in the United States, or otherwise violate their status, this may subject them to a permanent bar under INA 212(a)(6)(C)(i) (fraud or willful misrepresentation of material fact to obtain U.S. immigration benefits). The U.S. Consulate will have to be convinced that the applicants had good faith intent to engage in activities that were consistent with the terms and conditions of the visa. Otherwise, a 6ci bar requires a Form I-601/INA 212(i) waiver, which is available only to applicants with a U.S. citizen or permanent resident spouse or parent who will face extreme hardship if they are not admitted to the U.S.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Did your parents manage to go through the immigrant visa?
@@Dyanwilliamslaw mam can I ask a question. I mess up w my k1 visa and I willfully submitted the fraud or misrepresentation of my documents and the consulate give me a letter of permission to apply the waiver I-212f to be eligible for spousal. Is there any chance for us to be approved for this waiver after my fience and got married?
For K-1 visa applicants or immigrant visa applicants, the I-601/INA 212(i) waiver is required to overcome an INA 212(a)(6)(C)(i) bar due to a finding of fraud or willful misrepresentation of material fact to obtain US immigration benefits. To obtain the waiver, the person must have a US citizen spouse/fiance, permanent resident spouse, or US citizen or permanent resident parent who will face extreme hardship if she is not admitted to the US. NOTE: The Consent to Reapply for Admission (Form I-212) does not apply in this situation. You need to consult a qualified US immigration attorney to assess the merits of your case.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I went into the USA in 2009 (with my Peruvian passport) when I was 21 years old and left the country by my own choice in 2011 and immigrated into the Netherlands and in 2016 became a Dutch citizen so I applied for a visa so I can visit my family (they're all citizens at that moment) but when I went to Immigration I find out that I have been banned from 2011 until 2021 so now I like to visit them (my all family) but I'm sure what form should I fill in? Because I left the United States by my own choice because I never felt part of this country and never was convicted or arrested. Now I live in the Netherlands and I finally decided to visit my family.
Hello there
I got deported from tx
In December 2013 by the court
voluntary departure
I had a green card 2 years
and the reason for my deportation is class A misdemeanor on family members which is my ex wife
which form i have to fill out
Please
A removal order by an Immigration Judge carries a 10-year bar under INA 212(a)(9)(A)(ii). If the 10-year bar has yet to expire, no visa or admission will be granted unless the person receives a Consent to Reapply (commonly known as I-212 waiver). If "voluntary departure" was granted instead by the Immigration Judge, and the person timely departed within the voluntary departure period, there is no 10-year. Certain criminal offenses make the person inadmissible under INA 212(a)(2), which require another waiver, e.g. 212(d)(3) nonimmigrant waiver (if person seeks to re-enter U.S. on a nonimmigrant visa) or I-601/INA 212(h) immigrant waiver (if person seeks to re-enter U.S. on an immigrant visa. For general information, see 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? (bit.ly/2MTo36b) and When do you need an I-601 Waiver due to criminal grounds (and how do you get it)? bit.ly/38ja3dA.
Whether you need to complete or file a Form I-212, Form I-601 or I-192 depends on the facts and circumstances of your case, the reasons you were placed in removal proceedings, your criminal offense, the type of visa or entry you seek, which agency will decide on your application, etc. A waiver is not a stand-alone application for relief. The person must otherwise qualify for the appropriate visa for lawful admission to the U.S.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hello thanks for your video . And I was arrested when I was 17 years old and convicted when 18 with possession with the intended to sell i bled guilty and was not treated like a minor and had given probation for 2 years after always checking with my probation officer after 1 year I get surprised by ice officer then I was dietan for 7 months then I got ordered deported I have my green card and this was my only felony charged in my 4 years in da us and I have all my family are American setizens and now I'm in my country I don't know what the best thing to do .help thnx ❣
Can you explain what is 212 a 6 E
Who decides this upon a person? The customs officer or the immigration officer whom does green card interview.
I am now a spanish citizen, I was a DACA recipient. I have the 10 year ban. No other crimes. can i apply for this waiver? I want to visit family and friends
Hola abogada yo tengo 2 deportaciones una por rentrada que fue la última y la primera por una felonia no agravante lla tengo 11 años en mi país tengo 4 hijos ciudadanos y mis padres también son ciudadanos como podría calificar para un perdón espero y me pudiera alludar
Hello, thanks for your video! How long do you have to wait (after a deportation) to start the process for a I-212 Waiver?
I received a 5 years bar by removal
Ordered! It has already passed 7 years, do I still need to apply for a I-212a waiver before I apply for a B2 visa even thought my bar time has already passed? Thank you so much!
If the 5-year bar due to expedited removal order has expired, no Consent to Reapply is needed for INA 212(a)(9) inadmissibility. Unless there is an INA 212(a)(6)(C) charge, a separate 212(d)(3) nonimmigrant waiver is not required. Even when there are no INA 212 inadmissibility bars, however, the U.S. Embassy may still deny a B1/B2 visitor visa under INA 214(b), i.e. failure to overcome presumption of immigrant intent. In your situation, you can expect tougher scrutiny regarding the true purpose of your visit when you apply for the visitor visa or when you present a visitor visa for admission to the United States. The US Embassy and U.S. Customs & Border Protection have to be convinced that circumstances have changed sufficiently.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I'm a US citizen living in the USA. My Mexican wife was found inadmissible crossing Mexican/USA border in 2020 (before I met her & before we got married; married last month Sept. 2022) & she had an I-275 form processed for Application for Admission Withdrawn & her B1/B2 Toursit Visa (Visa/BCC Canceled) by a CBP officer at port of entry. There was no order of removal from a judge & only by the CPB officer using the I-275 form. I am currently preparing to apply for her I-130 to get her green card so she can be with me in the USA as we just had our first baby born last month. I'm confused on what form I need to fill out, is it the I-212 or the I-601? Also can I filed the I-130 & I-212/I-601 concurrently to allow for concurrent processing time to reduce wait time?
When I arrived at the NY airport they did not let me enter the country because they assumed that I was going to work. they canceled my tourist visa and they sent me back to my country . I have a punishment for 5 years, I miss my husband who lives in the USA. can I ask for a waiver and come back? I am married to a military man from the air force.
An expedited removal order by the U.S. Customs & Border Protection carries a 5-year bar to reentry under INA 212(a)(9)(A). If the bar has yet to expire (i.e. you have NOT been outside the U.S. for 5 years or more), you need a Consent to Reapply (I-212 waiver) to receive any visa or lawful admission to the United States. Otherwise, you may wait for the 5 years to pass before you apply for a new visa , at which you point you will no longer need a CTR to be excused from the INA 212(a)(9)(A) bar.
The CTR is not a stand-along application for relief or a travel document. The type of visa you seek determines where and when to apply for the waiver and the documentary evidence to submit. You must also qualify for the visa itself, regardless of whether you have an inadmissibility ground that requires a waiver. For example, if you want a B1/B2 visitor visa for temporary stays, you need to have strong ties abroad to show you have nonimmigrant intent and will timely depart the U.S. (and not violate immigration rules, such as work without authorization). If you want to immigrate to the U.S. to live with your husband, he needs to be a U.S. citizen or permanent resident to file an I-130 immigrant petition for you. An approved I-130 will then allow you to apply for a spousal Immigrant Visa at the U.S. Consulate.
Please watch my CTR/I-212 video, which provides general answers on frequently asked questions about the waiver. For more information, see Immigrant Visa Process: Delays and Setbacks (bit.ly/37TDCTc), 2019 Public Charge Rule: 3 Key Changes (dyanwilliamslaw.com/2019/08/public-charge-inadmissibility/), and Changes to the Visa Bulletin: Understanding the Two Filing Charts (bit.ly/37V5pT6). Also see Common Reasons for Visa Refusal or Visa Denial (bit.ly/3rR5KhG) and B-2 Visitor Visa: Traveling to the U.S. for Tourism or a Temporary Visit (bit.ly/3neuvRx).
This response includes GENERAL INFORMATION, not legal advice. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
My case is similar. I was denied entry because they assume I was going to work and got 5 years bar. I'm. Also married to a US citizen and we have a 9 months old and a baby on the way. Trying to explore our options so I can re-enter. God's willing
@@Dyanwilliamslaw hello in my case i was honest with the officer i said i worked in 2019. One month ago the officer revoked my Visa B1B2 and 5 years inadmissible.i let the officer know I was working with a cruise line.and for that I need C1D visa. He say I can go with the letter of employment, the expedient he made me ,contact. And be honest with the consul . Is it true? I
Hi good show and info. I had a u-visa denied to me after I went thru the whole process fully. Is this legal?
My friend lift US before his final court hearing in asylum interview his final date will be in jun 2023 and he lift the US in 2020 can he come back
Hello. in May 2017, there was a court (misdemeanor), but I was not in the country, and I was given
warrant arrest, in November 2017, I arrived at the court date on a tourist visa and I was not allowed to enter the country, I was deported from the airport and my visa was revoked for 5 years. I don't understand how to remove the arrest if I can't get into the country? And how do I get a visa again? Thank if for answering!
Hello Mrs. Williams
Year 2003 when i first came to US as a green card holder but on year 2008 i got convicted on a 5 to 10years sentence for aggravated felony on self defense, after serving 5years they granted me my parole and brought me straight to a Emigration ICE Hold for my self deportation.
I am married to a US Citizen and my whole family are US Citizen as well.
Respectfully Asking, How can i go back to US once again Mrs. Williams ?
Thank you & May Godbless you😇
An Aggravated Felony conviction is a permanent bar under INA 212(a)(9)(A)(ii). When this inadmissibility ground applies, the person may not receive any admission or visa to enter the United States. A Consent to Reapply for Admission must be received to allow entry and visa issuance. See dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/. A CTR (I-212 waiver) is not a travel document or a stand-alone application for relief. The person must otherwise qualify for the appropriate visa. In addition, certain criminal offenses make the person permanently inadmissible under another ground, INA 212(a)(2). Some criminal offenses (such as controlled substance violations, other than simple possession of 30 grams or less of marijuana) may not be waived with a Form I-601/INA 212(h) waiver. See dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/
A US citizen may file a Form I-130 immigrant petition for her spouse in the Immediate Relatives category. To get the immigrant visa, however, the beneficiary, must be admissible to the United States or qualify for the appropriate waiver of inadmissibility grounds.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Do you file the i130 first for your parent then the i212 my mom was deported for 5 years and it’s only been 2 years and I’m a us citizen trying to petition for her do I have to do anything else before that
When deported which waiver is needed first please I am applying for the I130 I was told by the next lawyer I need the I212 waiver
Consulting an attorney would be a good idea but how do you know the attorney isn't more interested in lining their own pockets as many have done. How do you know their advice is sound? It should be USCIS who should provide exact steps to addressing these questions.
USCIS is not an advocate for applicants and does not provide legal advice. The most they do is point you to forms and instructions on their website, without assessing the person's eligibility for U.S. immigration benefits. If they give inaccurate information or guidance, they will not be held responsible the way lawyers are. Lawyers are bound by the rules of professional conduct and are subject to discipline like admonition, suspension and disbarment for ethics violations. You must do your research to find a reputable attorney who has the expertise, experience and interest to provide good counsel.
See Why hire an immigration lawyer? dyanwilliamslaw.com/2016/11/why-hire-an-immigration-lawyer/ and 5 Benefits of Having Immigration Counsel at Your In-Person Interview with USCIS. dyanwilliamslaw.com/2018/01/5-benefits-of-having-immigration-counsel-at-in-person-interview-with-uscis/
@@Dyanwilliamslaw Thank you for the response but we all know the system is rigged. Immigration is a business and yes USCIS falls short with what should be their responsibility. Lawyers maybe be disciplined but that system is also flawed. Look at the big lie about Biden and all those attorney's lying and many not be discipline because of politics. It's not what you know it's who you know. Who has time for legal battles when you're trying to survive. Legal advise is a term used to disguise what should be accurate guidance available to the public for free. We pay those justices to render those decisions The rules should be adjusted according to those legal decisions with clear guidance for USCIS if the system wasn't so corrupt. Agreed homework is the only way, sad we can't be more like a united community helping one another with all the details.
Hi I was 2 years conditional green card we fly back to phillippines and got lockdown here , and my green card is expired,now my husband has warrant arrest drugs possession controlled substance and he try to get us back in Texas does he could reapply visa for us while he has ongoing case what the stepp and what he should do does his case affect our application
I’m not sure if you can help me, I held a valid US tourist visa in 2018, when I attempted to entry the US the officer refused the entry and canceled my visa with a ban of not returning to US for 5 years. Currently I’m living permanently in Australia and my Australian husband and I will apply for Australian PR in a couple of months, in my police record from the US I have that I was inadmissible to the US in 2018 under the section 212 a 7aii. Will this be forever in my fbi record? I read the fbi can legally keep for 7 years is that correct?
Also, I saw I don’t need a waiver to try and get another US tourist visa. How can I get another tourist visa? As the 5 years ban will be 5 in 09/10/2023. Also how much do you charge per consultation and if you could please break down the price to help me get another US tourist visa.
Thank you.
Hello,
How are you?
Pls i have one big problem, yesterday i was to consulate for Interview , and my turism visa was refused and a i am banned to enter in us on section 212(a)(2)(c) but i never have problem with justice and never involved myself with this kind of activity.
Pls try to contact me , i called your number but it isnot going.
I want really to resolve my case .
I do not have a crimnal recrod, no conviction, but i was arrested and charge by police, all charge was drop. Do i able to get Us waiver. thank you
I’m deported last week with my tourist visa when I arrived the airport. They caught me that I worked with my tourist visa. After applied this form, should i apply new tourist visa? Or i don’t need? I still have a tourist visa but they sign the visa with pen. It expires 2031. But not sure it still ok.
Hello I’m hoping you can wander anwser my question. My brother was removed from US under section 212(a) 9. He received a 10 year ban. Can he apply for a waiver.
Thank you for your time ❤🙏🙏
Hello and good morning.
I have hire a lawyer to work on my case being deported under age in state of Connecticut 2006-2007
My mother is a us citizen.
The lawyer filed a I 130 instead of I 212 pardon.
Is this the correct steps?
Hi I use to be a green card holder (permanent resident).who seeked refuge during the khmer rouge era ..but they took my green card and order me deported 20 years ago do to a gun charge ...my only felony I have ,am I eligible for CTR too ? Being that I'm a refugee
Do you need a waiver before applying for a visitor’s visa if you have a INA 212(a)(9)(A)(ii) bar & have already completed 10 years outside the US?
A 212(a)(9)(A)(ii) bar means the person may not receive a visa or be admitted to the U.S. unless 10 years have passed from the date of departure. The exception is if a Consent to Reapply for Admission (commonly called I-212 waiver) is granted. When the bar no longer applies, no CTR is required. But the U.S. Embassy may still deny the visitor visa application under INA 214(b)(failure to overcome presumption of immigrant intent).
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I am ban 5years revoked my visitor visa 212 (6)(i)(II) 212 (7) (i)(II) accusing me . Can i file waiver what type of waiver will do? Any chances?
Under INA 212(a)(9)(A)(i), if the 5-year bar to re-entry due to expedited removal order has yet to expire, a person must receive a Consent to Reapply for Admission before any visa may be issued. After the 5 years have passed, there is no need for a CTR for this inadmissibility ground. The other inadmissibility bar, INA 212(a)(6)(C)(i), is permanent. When this bar applies, a 212(d)(3) waiver is required for nonimmigrants and a Form I-601/INA 212(i) waiver is required for immigrants. See dyanwilliamslaw.com/2017/04/212d3-nonimmigrant-waiver-when-do-you-need-it-and-how-do-you-get-it/ and dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-immigration-fraud-or-misrepresentation-and-how-do-you-get-it/.
Furthermore, the person must meet the eligibility requirements for the visa itself. Visitor visa applicants, for example, must show they have strong ties abroad that will compel a timely departure from the U.S. If the US Consulate determines they did not overcome the presumption of immigrant intent under INA 214(b), it will not consider the visitor visa applicant for a CTR or 212(d)(3) waiver. An expedited removal order and 6ci finding make it much more difficult to meet the 214(b) requirement. Significant passage of time and positive changes in circumstances are necessary.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
What's the process to work my back to the USA if I got deported for life? And is it possible? Please I need an answer
The counselor officer stated my husband is ineligible due to 212 a 6 e and to get a waiver
Who determines this conclusion because my husband did not do this
I am a US citizen we have children can anyone please help with this
MY I601 WAIVER WAS DENIED DUE TO INSUFFICIENT EXTRME HARDSHIP FOR PREVIOUS VISA MISREPRESENTATION, CAN REFILE THE DENIAL? PLEASE I REALLY NEED HELP
Hi can i know that (212 a f i 7) deportation can be waived or not. Unauthorised employment for 10 days
Hello, I've searching back and forth on all forums and official documents from USCIS but unable to find the answer to my concern. I was denied entry back in 2002(10 years old at the time) due to the fact that the person who was bringing me wanted me to use someone else's info. A week or two after being released back to Mexico I was crossed through the desert with a successful entry and I have been here ever since. My main concern is that depending on how DHS or ICE handled my situation and the years I had accrued of Illegal presence would make me subject to the permanent bar if my US citizen wife tries to sponsor me for permanent residence.
The expedited removal process was created in 1996 for US border officers to refuse entry and deport persons at the U.S. port of entry, based on a finding of lack of proper visa/travel documents and/or a finding of finding of fraud or willful misrepresentation to gain US immigration benefits. It has expanded over time. An unlawful re-entry to the U.S. without proper inspection and admission, following an expedited removal order, on or after April 1, 1997, triggers the 212(a)(9)(C) bar. When this bar applies, the person needs a Consent to Reapply for Admission (Form I-212 approval) to receive an immigrant visa. He must wait outside the U.S. for 10 years to become eligible to file for the CTR to overcome the 9C bar.
You may file a FOIA request with U.S. Customs & Border Protection to verify if any expedited removal order was issued. In some cases, a person is just refused entry. In other cases, an actual ERO is issued. Unfortunately, a FOIA response is not always 100% accurate.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hello Ma’am Do you have idea about 235b volunteer application withdrawal??
Hello
I was in US in f1 visa. I voluntary came back to my country before my i20 and visa expired. So now I want to apply in B1 visa to visit my family is there any bar of 5 or 10 yrs I need to face. Or I also need waver??
It will be great help if you reply me.
Thanks.
Am i deport myself being on a deportation order since 2008 on a aggravated felony?
If you have a removal (deportation) order with aggravated felony conviction, you have a permanent bar under INA 212(a)(9)(A)(ii). A crime-related bar requires an additional waiver, either I-601 immigrant waiver or 212(d)(3) nonimmigrant waiver, depending on the type of U.S. visa or admission you seek. You also have to be otherwise eligible for an appropriate U.S. visa for admission to the U.S.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to provide more details on your case and to inquire on the consultation process. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I’m India high court advocate I have problem of my son in immigration border police given to my son act 235 (b) (1) he is f1 student and the immigration police his pass port revoked 5 year he has to complete his MS in us
Any chance 212(a)(9)(B) ?
Im from pakistan i been deported from us i guess did not follow the judge decision voluntary departure the whole family got deported in 2007 is been almost 17 years i live in Malaysia now i have Malaysian wife she just get b1/b2 visa so im planing to travel with her do i need i 212 waiver please let me know tq
Lived in the US since 3 yrs old. Caught an aggravated felony for a federal Marihuana conviction when i was a teenager. Changed my life completely around, had a kid and was years into my career when ICE picked me up at the age of 24. My whole family is back in the US. Is there any way I can make it back, especially with marihuana being decriminalized and even made legal in a lot of states. Although not at the federal level. I was deported in 2018, I am now 29
Marijuana is still a controlled substance under US federal law, which governs US immigration issues.
Section 212(a)(2)(A) (i)(II) of the U.S. Immigration & Nationality Act (INA) states a person is inadmissible to the U.S. if he violated (or conspired or attempted to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, as defined in section 802 of Title 21 (U.S. federal law). To be subject to this permanent bar, the person must be convicted of or admit to the essential elements of a controlled substance violation.
The Form I-601/I-212(h) Immigrant waiver of this permanent bar is available only when the intended immigrant has one controlled substance violation involving simple possession of 30 grams or less of marijuana (or an equivalent amount of hashish). See: When do you need an I-601 Waiver due to criminal grounds (and how do you get it)? dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/.
The 212(d)(3) Nonimmigrant waiver of this permanent bar is available for all controlled substance violations. It requires the applicant to show rehabilitation from the US immigration violation/criminal offense, legitimate reasons for seeking a temporary visit to the United States, and no risk of harm to US public interests. See 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? dyanwilliamslaw.com/2017/04/212d3-nonimmigrant-waiver-when-do-you-need-it-and-how-do-you-get-it/
Section 212(a)(9)(A)(ii) of the INA states a person is inadmissible to U.S. if he was convicted of an aggravated felony. Section 101(a)(43) of the Immigration and Nationality Act lists controlled substance trafficking an aggravated felony offense. The Form I-212/Consent to Reapply for Admission is required to receive any visa or admission when you have this bar. It requires the applicant to show the favorable factors outweigh the unfavorable factors. See When do you need an I-212 Waiver (and how do you get it)? dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/
Under current law, you are not eligible for permanent residence in the United States, even with an approved family-based immigrant petition filed on your behalf. The Form I-601/INA 212(h) immigrant waiver is available in only one very limited situation, which does not apply in your case. While you may seek a Consent to Reapply for Admission and 212(d)(3) waiver with a visitor visa application, the decision on whether to grant the requested relief is very discretionary. You must show rehabilitation, significant changes in circumstances, strong ties abroad and other positive factors to be considered favorably for temporary stays in the U.S.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I enter the USA illegally with my mother but I was only 11 years old. I left the USA 9 years ago to come to Switzerland for love! Now I want to go back and visit my parents. I have my visa interview November 9th? Do I need this waiver? And can you help me get one? Can you email me for prices? Thank you
Great info... one question though: When to file an I-212? At the same time you start the Parent/Son application? Or after aproval of it and also after visit at the consulate abroad? In the time line... when does an I-212 appear
Hey, you will apply for the waiver after the immigrant attends the interview at the consulate and the officer finds him/her inadmissible.
Do all the letters need to be in English?
Can u explain 212a6e
INA 212(a)(6)(E) subjects the applicant to a permanent bar due to "Alien Smuggling." It states that a person who at any time knowingly has “encouraged, induced, assisted, abetted or aided” any other person to enter or to try to enter the United States in violation of law is inadmissible and is thus ineligible for a visa or entry to the U.S. An example is knowingly making false oral or written statements or knowingly providing fraudulent documents on behalf of any visa applicant, if the misrepresentation was material to the applicant's visa eligibility. Other examples are physically bringing a person into the U.S. in violation of law and helping an individual in any way to arrange for entry into the U.S. in violation of law. An 212(6)(E) finding can be made retroactively: it may result from any conduct that occurred at any time in the past.
If the "Alien Smuggling" involved the applicant's spouse, parent, son or daughter, there is a Form I-601, Immigrant Waiver under INA 212(d)(11) if the DHS decides to exercise favorable discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. There is a 212(d)(3) Nonimmigrant Waiver if the applicant meets the eligibility criteria in Matter of Hranka and otherwise qualifies for a nonimimgrant visa/status. See 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? dyanwilliamslaw.com/2017/04/212d3-nonimmigrant-waiver-when-do-you-need-it-and-how-do-you-get-it/
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case.
How if one has misdemeanor and been removed over a marriage fraud ?
A removal order by an Immigration Judge creates a 10-year bar to re-entry under INA 212(a)(9)(A)(ii). Until this bar expires, a Consent to Reapply for Admission is needed to get any visa or admission to the U.S.
Certain criminal offenses make the person permanently inadmissible to the United States under INA 212(a)(2). There is a 212(d)(3) nonimmigrant waiver and a Form I-601/INA 212(h) immigrant waiver for eligible applicants with crime-related inadmissibility.
Being charged with marriage fraud creates a permanent bar under INA 212(a)(6)(C)(i). There is a 212(d)(3) nonimmigrant waiver and a Form I-601/INA 212((i) immigrant waiver for eligible applicants with (6)(C)(i) bars.
INA 204(c) further prohibits USCIS from approving any subsequent petitions (e.g. I-130 and I-140) for the beneficiary who was charged with marriage fraud.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamslaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I was deported in 06 for aggravated felony
My dad is a citizen
Can I do anything?
Hi. Thank you for brief explanation. I am subject to 10 years bar. I left the US on January 2015, entered on 2005 on F1 students visa. Now, I live in Indonesia, my family won DV Lottery 2022 and my wife as primary applicant. I am the derivative as well my 6 years old daughter. My interview's schedule probably june 2022. Which form should I apply and What is the chance for my case to be issued a visa. I have no criminal record, I am a restaurant server for whole 10 years, I paid my income tax, no drinking no drugs. Thank you in advance
If you have a 10-year bar due to accrual of unlawful presence lasting 1 year or more (prior to departure from the U.S.), you will not get a Diversity Immigrant Visa without a Form I-601/INA 212(a)(9)(B)(v) waiver. You must have a qualifying relative - US citizen or permanent resident spouse - who will face extreme hardship if you are not admitted to the U.S. Your wife will not become a permanent resident until she arrives in the US with the DV visa and is lawfully admitted. You are not eligible for the I-601 waiver until your wife is a permanent resident. Because the DV has time restrictions, it is likely that your wife will first have to become a green card holder and then file an I-130 immigrant petition for you in the F2A category. Following I-130 approval, you may then apply for a spousal Immigrant Visa and the Form I-601 waiver to be excused from the unlawful presence bar.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Halo pak suwito . Sy nanya nih .... Sy dulu pernah overstayed 2 tahun di 2002-2004. Sekarang tahun 2022 ini sy mau apply visa lagi untuk visa turis . Apakah bisa di approve ya pak ?? Terimakasih untuk jawaban nya 🙏🏻🙏🏻🙏🏻
Sudah bisa pak. Krn sudah melewati 10 thun bar.
@@wiitwiit baik pak , Terimakasih . Saya mendapat energi positif dari anda . God bless you
You first need to confirm whether you are really subject to the 10-year bar. In general, F1 students admitted in Duration of Status do not accrue unlawful presence toward the 3/10 year bar, unless there is an official finding of a status violation by USCIS or Immigration Judge prior to departure.
When a person is truly inadmissible due to the 3/10 year bar, he needs a qualifying relative (US citizen or permanent resident spouse or parent) who will face extreme hardship if he is admitted to the U.S., to be eligible for a Form I-601 waiver. Your spouse, for example, must first become a permanent resident for you to have a qualifying relative to file a Form I-601. This requires her to land in the US with a Diversity Visa and be admitted as a permanent resident. There is a time restriction on getting the DV visa to follow to join the principal applicant. In the alternative, a permanent resident may file a family-based I-130 immigrant petition for a spouse in the F2A category. If the spouse has a 3/10-year bar, he must wait for it to expire or he must file for and receive the I-601 waiver for an immigrant visa to be issued.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hello ma'am. hello my name Rahim s Ali last July I got deported to Pakistan I have three children's born in USA my older son he's 23 yrs old n two other kids 18 and 15 I was living in Dallas tx my first deportation was 1999 by judge because didn't go in my hiring and I got pull over by police officer 2007 turn me in the ice then I got release on voluntary departure officer told me I have 30 days to leave the USA later apply for my passport from Houston pakistan embassy I got my passport then I go to Mexican embassy to get mexico visa April2007 my wife she from Mexico then I go Mexico then I Cross mexico border and reentry to USA in 2012 I when to Denton county to pay my ticket police officer ask to turn myself for one hour to dismiss my ticket from record so I turn myself and ice officer show up ask me again you been deported it what are you doing here later he send me Dallas field office to later send me detention center after180 days they release on supervision unit they found my travel documents ice officer pull over by my house early in morning own my way to work march 10 2020 deported back to Pakistan July27 2020
Hello I'm a new subscriber 😇I just want to ask my husband entered u.s undocumented he used different name he knew it's illegal but at that time it's his only way to enter the u.s.his been in Vegas since 2001,he wants to apply for a visa,green card or anything that can help him stay and work in u.s is there hope for his situation? I hope you can help me thanks in advance 🙏❤️
how do you make a compelling case to make sure you win your i-212 without a lawyer? can’t afford one :(
Every application is different. Preparing a compelling case depends on your inadmissibility grounds, why you need the waiver, the type of visa or entry you seek for admission to the U.S., and the particular facts and circumstances in your case. You may read the Form I-212 instructions to get a sense of the favorable factors and unfavorable factors that the adjudicators consider. You should at least complete a consultation with an experienced U.S. immigration attorney even if you cannot afford representation.
@@Dyanwilliamslaw hi
What if someone enters withouth visa has an order of removal for not showing up in court and judge refused to open case. Can one apply through I212 and then 601A being married to a USA citizen and being sent to your country for interview withouth being banned for 5 or 10 years. My I212 was aproved and 601A has been sent. Is there a banned even though I-212 and 601A gets aproved, once leaving the country for interview.
Assuming you have all the appropriate waivers for all your inadmissibility grounds, you should not be prohibited from receiving a visa at the US Consulate. At the interview, however, the consular officer may question you further to determine whether there are additional inadmissibility bars that were not covered by the waivers, e.g. INA 212(a)(6)(C)(i)(fraud or willful misrepresentation to receive US immigration benefit), INA 212(a)(6)(C)(ii)(false claim to US citizenship to gain a benefit under immigration, state or federal law), or INA 212(a)(2)(A)(certain criminal records). If your case has been thoroughly reviewed and all necessary waivers have been applied for and received, you generally should be able to receive the visa.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
My father was on immigration proceedings since 1995 because he entered the US without inspection. He left the us voluntarily before he was removed. After 26 years, I’m trying to get him back to the US. I’m about to fill out the form I-130 for him. Before I apply, I requested a FOIA on his behalf and I got it. One of this paper mentioned, he need to apply for admission now I wonder do I need to fill out I-212 or I-601 thank you.
It is unclear what "paper" mentioned your father needs to apply for admission, and what you mean by "admission."
An I-212 is needed if the person has a bar under INA 212(a)(9)(A)(removal order or aggravated felony conviction) or 212(a)(9)(C) (illegal re-entry or attempted illegal re-entry following removal order, or following accrual of unlawful presence lasting more than 1 year). See dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/.
The I-601 is for other types of inadmissibility, such as INA 212(a)(9)(B)(3/10 year bar due to accrual of unlawful presence lasting more than 180 days ), INA 212(a)(6)(C)(i)(fraud or willful misrepresentation of material fact to obtain US immigration benefit), and INA 212(a)(2)(A)(certain criminal offenses).
You must consult an experienced US immigration attorney to verify whether your father is subject to any inadmissibility bars and what waiver he needs (if any). This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Can I get some assistance from you on requesting a foia ?
212a6ci imposed for the last 18 years. which i never know about this happen 2 years back applied for us visa they given me this copy 212 a 6 ci dont know what to be done help me
What you did
I got a domestic violence with my wife going jail for 180day 2 more year i need to renew my green card but i scary they might Deport me i need help me and my wife still married and live together can i do any thing to hrlp me ?
I was deported for dv misdemeanors and need help how can I speak with you
Good Day
My husband was issued a 5 year ban over 10 years ago. We now have an open case at the NVC for a green card I am a US citizen petitioning for him. All documents have been accepted. We are now worried that he may be refused at his green card interview because we did not complete any waiver. I am unsure of this...Does he need a waiver still for this??? Or not? If so which one? Do we still have time.. ?
Please help! Thank you so much .
If your spouse has a 5-year bar (due to expedited removal order), and he has remained outside the US since then for more than 5 years, the inadmissibility ground expires. In that case, there is no INA 212(a)(9)(A) bar. But you will need to consult with a U.S. immigration attorney to verify whether he has other inadmissibility bars that you might be overlooking. At the visa interview, the U.S. Consulate will verify admissibility issues and normally instructs the applicant to file for a waiver if one is available. If the inadmissibility grounds are verified and known ahead of time, the applicant may start the waiver application process before the visa interview.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
@@Dyanwilliamslaw Good Day Thank you for your response. It is greatly appreciated. I started a petition for my husband over two years ago, we are still waiting for his interview & I am a US Citizen we have two young sons together. It takes over 3 months to communicate with the NVC. I guess all we can do is wait although it is causing us great distress. I understand many families are in the same situation. Extremely sad & inhumane in my opinion. There is no help from the NVC what so ever. They are just asking us for documents that have already been accepted which is causing more delays to our case. I cannot thank you enough for your response. Bless you!
I`m undocumented for so long but now i'm in my country...came back without any immigration issue , cameback by my own.can i go back to us if i get married to my permanent residence fiance.
Do you have an office in Dallas Texas??
Helo madam I'm applicant to diversity visa today the counslate send me mail refused under 212 a (5a) is have any chance
i was deported for a drug crime but don't know how long i was bar for.. how can i find out for how long i was barred ?
A drug conviction is a permanent bar under INA 212(a)(2)(A) (i)(II) and does not expire under current law. See dyanwilliamslaw.com/2015/09/immigration-consequences-of-criminal-offenses-myths-facts. There is an I-601/INA 212(h) immigrant waiver for certain persons who have just one controlled substance violation involving simple possession of 30 grams or less of marijuana. See dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/. There is a 212(d)(3) nonimmigrant waiver for all drug offenses. dyanwilliamslaw.com/2016/03/212d3a-nonimmigrant-waiver-advantages-and-disadvantages/
A waiver is not a stand-alone relief that provides travel authorization. Even if you are eligible for an I-601/INA 212(h) immigrant waiver or 212(d)(3) nonimmigrant waiver, you must otherwise be eligible for the appropriate visa. For example, the U.S. Embassy will not recommend a 212(d)(3) waiver if it determines a visitor visa applicant does not meet the INA 214(b)(nonimmigrant intent) requirement.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hello. I have already an approved I-130 petition for my mother to immigrate to the US. However, in 2012 she was ordered expedite removal for 212(a)(7)(i)(i) for 5 years. It's been 10 years now. Does she need a waiver? Thank you!
Under INA 212(a)(9)(A)(i), a person is barred for 5 years from the date of departure if she was issued an expedited removal order. If more than 5 years have passed, a Consent to Reapply for Admission (Form I-212 approval) is no longer needed for this specific inadmissibility bar.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Officer: your u.s noimmigrant Visa will be revoked pursuant
22CFR 41.122 (e)(2). What does 22 CFR 41.122(e)(2). Means?
This federal regulation gives immigration officers authority to revoke a visa. For example, a CBP officer may cancel the visa at the U.S. port of entry when it determines the person is inadmissible to the U.S. and issues an expedited removal order or allows the person to withdraw the application for admission. You must consult with a U.S. immigration attorney to discuss the effects on a future visa application or request for entry.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hi! Is there any way around the permanent bar? Even if your lawyer never told you you would be subject to that leaving the country?
An illegal re-entry to the U.S. without proper admission on or after April 1, 1997 -- following a removal order or following accrual of more than one year of unlawful presence in the U.S. on or after April 1, 1997 -- subjects you to a permanent bar under INA 212(a)(9)(C). Ineffective counsel or lack of advice from your lawyer does not spare you from the permanent bar. When the (9)(C) bar applies, the person must wait outside the U.S. for at least 10 years from the date of last departure to file for a Consent to Reapply for Admission. The CTR is not a stand-alone application for relief and must normally be connected to a request for a visa, for which you are otherwise eligible.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I married my wife, went on a cruise, and she was removed and sent to her country, what can I do?
A U.S. citizen or permanent resident may file an I-130 immigrant petition for a spouse to apply for an Immigrant Visa.
If the visa applicant is inadmissible under INA 212(a)(9)(A) due to a removal order by an Immigration Court or by U.S. Customs & Border Protection, a Consent to Reapply for Admission (Form I-212 approval) is needed for Immigrant Visa issuance. If the applicant has a 3/10 year unlawful presence bar due to accrual of unlawful presence in the United States lasting more than 180 days prior to her departure, a Form I-601/INA 212(a)(9)(B)(v) waiver is required for Immigrant Visa issuance.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
What's 212(a)(7)(A)(i)(I) means in my B1B2 visa this happened 2 months ago . I got a job offer for cruise line I will need my Visa C1D because it expired already. Can I apply for it if I have letter of employment contract, and the officer 's expedient .
Section 212(a)(7)(A)(i)(I) means you were found to have immigrant intent without the proper visa or travel document. If you were issued an expedited removal order at the U.S. port of entry, this creates a 5-year bar to re-entry under INA 212(a)(9)(A)(i). When this bar applies, the person must wait for the 5-year bar to expire OR receive a Consent to Reapply before any visa may be issued. Even if no section 212 inadmissibility ground exists, a person may be denied a C1D visa or B1/B2 visitor visa under the catch-all provision of INA 214(b)(failure to overcome presumption of immigrant intent). A 212(a)(7)(A)(i) finding makes it harder to meet the INA 214(b) requirement.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hi I have a question,,ones your i 601 and i212 waivers are approved what's next how do you get an appointment with the consulate,,??
In Immigrant Visa cases, the National Visa Center (NVC) will work with the US Embassy to schedule a visa interview appointment. If you already completed an initial interview, the US Consulate might need to call you back in for a follow-up interview and give you further instructions, following the waiver approval. USCIS is supposed to notify the Embassy of the waiver approvals. In some cases, the applicant has to follow up with the Consulate to inquire on next steps. This could involve filing an updated DS-260 visa application, completing a new medical exam, and submitting more recent evidence of financial support - due to passage of time.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
We applied for the I-212 Waiver for a five year bar. USCIS has not adjudicated our case and now the 5 year period is over. What is the next step? The Embassy has granted an interview, however, the uscis wait period has increased to 20.5 months.
In our case, the Embassy has not read the legal memorandum prepared by you and thinks my spouse is lying about his intent when he came to the US. Should we wait for USCIS to adjudicate his case or is it up to the Embassy now?
Has your i212 waiver been approved yet? When did you file? I filled mine july 2022, and still nothing.
@@mbhunellc5796what happend with you now
What if im from a visa waiver program conutry but got convicted of a Aggravated felony which only resulted in 2 month incarceration at at juvenile dentention center, i got alot of friends from NYC. I wish to visit? What are my chances of a successful legal entry?
A person with an aggravated felony conviction is not eligible to use the Visa Waiver/ESTA program, even if they are a national of a country that is part of this program.
A person who is inadmissible under INA section 212(a)(9)(A)(ii) (due to aggravated felony conviction) must first receive a Consent to Reapply for Admission before a visitor visa may be issued to him. In addition, the US Consulate/Embassy must find the person otherwise qualifies for the visa before the CTR is recommended and forwarded to the DHS/CBP-ARO for a review and decision of a CTR request.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case.
Can I filed 212 with 601A provisional waiver And which way is easy see immigration judge or filed 212 and 601A provisional waiver
Without knowing the facts of your case, I will not comment on whether you in particular may file for an I-212 or I-601A provisional waiver. A person who seeks to immigrate to the United States will need a Form I-212 approval if they are barred under INA 212(a)(9)(A), due to a removal order. If the person is in the U.S., the I-212 may be granted on a conditional basis if USCIS finds he is eligible for the relief and the favorable factors outweigh the unfavorable factors. The condition is that that person must depart the United States to apply for the Immigrant Visa. If the person is also inadmissible due to 3/10 year unlawful presence bar, he will also have to apply for and obtain an I-601A waiver. See I-601 waiver or I-601A waiver for unlawful presence? dyanwilliamslaw.com/2016/02/i-601-waiver-or-i-601a-waiver-unlawful-presence/
This response includes GENERAL INFORMATION, not legal advice. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not always respond to UA-cam comments. See dyanwilliamslaw.com/contact/. Please talk to a qualified immigration lawyer about your questions and concerns in a private forum.
Pls ma’am, how does this help people with no status yet. People who applied for asylum after visa overstayed but hasn’t received hearing?
The I-212 is not a stand-alone application for relief that provides any U.S. immigration status. It is for persons who are applying for an appropriate visa (immigrant or nonimmigrant), but are inadmissible to the United States under INA 212(a)(9)(A) or (C). The Consent to Reapply allows the US Embassy to issue a visa despite the bar.
If you have an asylum application pending before USCIS or before an Immigration Court, you will need to attend your interview or hearing to be considered for the relief.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I am on a 10 year bar and have lived outside the US for 3 years.I have a qualifying US citizen minor who is facing extreme harship due to illness. .Can you asssit me in filing for the waiver i need to apply for a Visa or Humanitarian Parole.Please advise the way forward in my case.Thank you
You stated you have a 10-year bar, but did not specify whether this is due to a removal order by an Immigration Judge - which leads to INA 212(a)(9)(A) inadmissibility - or due to accrual of unlawful presence lasting 1 year or more - which leads to INA 212(a)(9)(B) inadmissibility. A person who is barred under INA 212(a)(9)(A) must receive a Consent to Reapply for Admission before any visa may be issued to him. This requires the applicant to prove the favorable factors outweigh the negative factors. Meanwhile, a person who is barred under INA 212(a)(9)(B) must receive a Form I-601/INA 212(a)(9)(B)(v) waiver before an Immigrant Visa may be issued to him. This requires the applicant to prove he has a US citizen or permanent resident spouse or parent who will face extreme hardship if he is not admitted to the US as a permanent resident. A U.S. citizen child is not a qualifying relative for I-601 purposes.
The Consent to Reapply and Form I-601 waiver are not travel documents and are not stand-alone applications for relief. A consultation with a US immigration attorney is needed to assess your eligibility for an appropriate visa, e.g. immigrant visa based on I-130 family-based petition, B1/B2 visitor visa.
Humanitarian Parole is for persons who have a compelling emergency and have urgent humanitarian reasons to enter the U.S. for a temporary period. It is not meant to avoid normal visa-issuing procedures or to bypass immigration procedures.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to request a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Got Removed in 2019 due to a 2012 Removal order for missing a semester of school placing me in removal proceedings. While in proceedings, I got an approved I-130 through my US citizen wife in 2016. Now I’m outside the US.. I may need to file I-212 and I-601 and I-824 USCIS to the NVC .. my question is which one should I file first.... an I-824 or an I-212/I-601?
The I-824, I-212 and I-601 are filed with USCIS, not NVC. (The NVC is part of the U.S. Department of State and handles the preliminary processing of immigrant visa requests.) An I-824 is to request USCIS take action on a previously approved petition, such as sending it to NVC. Immigrant Visa applicants who need both an I-212 and I-601 file the applications concurrently with USCIS -- normally after you have attended your visa interview at a U.S. Consulate and the consular officer has informed you of the inadmissibility bars. Under current instructions, the I-212 and I-601 are filed with the USCIS Phoenix lockbox and the USCIS Nebraska Service Center makes the decision.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hey J Mendy, l also have similar deportation history from Germany. And l was wondering how it might impact my visa application for US or Australia. Due to some health problems l was not able to complete my study on time and l was deported. Was extension of the study was the case for you when you were missing the semester?
U can solve problem mam
Is an i-601 necessary for someone with an approved 212 waiver who has waited outside the country for more than 10 years with a permanent bar? This was for the offense of more than one illegal entry but no other violations occurred and there is no criminal history. We are waiting for our interview date notification, And I am scared that it is going to get denied because we don't have an i-601
Accrual of unlawful presence in the U.S. lasting more than 1 year subjects the person to a 10-year bar to re-entry under INA 212(a)(9)(B). The bar to re-entry if 3 years if the unlawful presence was more than 180 days to less than 1 year. If the person waits outside the United States for 10 years, the 3/10 year unlawful presence bar under INA 212(a)(9)(B) will run concurrently and expire at the end of the wait. In this situation, a person does not need an I-601 waiver to be excused from the 3/10 year bar.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
@@Dyanwilliamslaw Thank you for confirming. My lawyer had already assured me I don't need the 601. But after spending 13 years of my life in Mexico, I don't trust any single opinion anymore
i am confuse the permanent bar and the 20 year bar
Twenty-Year Bar
: You have a 20-year bar on reentry from the date of your removal if you were ordered removed from the U.S. more than once, whether as an arriving alien or not. [INA section 212(a)(9)(A)(ii)]
Permanent Bar: You have a permanent bar on reentry from the date of your removal if:
1. You were convicted of an aggravated felony. [INA section 212(a)(9)(A)(ii)]. NOTE: For purposes of this permanent bar, it does not matter whether you have been convicted of an aggravated felony in or outside the United States, whether the conviction itself resulted in the removal order, or whether the conviction occurred prior to or after the removal order.
2. You reentered or attempted to reenter the U.S. illegally after you accrued more than one year (in the aggregate) of unlawful presence in the U.S. and left. [INA section 212(a)(9)(C)(i)(I).]; or
3. You reentered or attempted to reenter the U.S. illegally after you were ordered removed from the U.S. [INA section 212(a)(9)(C)(i)(II)].
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hello, I was deported in August 2019 (I-212 A 9) and banned for 5 years. Last year my boyfriend submitted I-129 form in USISC. K1 processing is super long nowadays. If everything goes smooth and we will pass through 2 and 3parts by the end of 2023 , I assume I will need to apply for a waiver. I found out that the waiver takes even longer (about 27 months) on USISC site. However, in august 2024 5 years ban will be over. I can not find anywhere on internet if I need to apply for a waiver after 5 years are passed. It is very stressful situation. From one side, it is hard to be so far from beloved one, from another it is killing not to know how long we should wait. I hope there is another solution for those who is applying for K1 and whose ban is about to end anyways. Is there any other solution?
Hello
We are on k1 as well and my fiance was asked for pardon 212 May 4th of this year. I don't think the pardon can be submitted until you are told to get one.
@@marisolcortez1687i hope you tell me if your waiver is approved
My mother was deported 2001 and re enter 2002.she still maried to my father who was abusive to her they are separated .my mother re enter after she found out I was sexual abuse when I was left behind behind age 1 .She was deported for mis represent her self as a us citizen . the judge gave her 5 years ban. She was living in the USA . took a trip to her country with fake dock try to come back and got caught She is a very good mother. And I need some help for her . what can I do?
She can file for vawa since she was abused by your father. If you have evidence of all that you can work on your case alone. I was in the detention center with a girl with the same problem and she won her case. LMK if u have questions. I am not a lawyer but I pretty much know the system
I would like a consultation please
Hi I’m from Guatemala In 2012 I was deported after my deportation I re-entered the United States and lived for 10 years with my wife and son, they are American citizens. Now that I came to my interview to the US consul in Guatemala they found me inadmissible under ina 212 (a)(9)(c) (ii) Can you file 212 at any time with uscis
An illegal re-entry to the U.S. without proper admission -- following a removal order -- subjects you to a permanent bar under INA 212(a)(9)(C). When this bar applies, the person needs a Consent to Reapply for Admission (Form I-212 approval) to receive an Immigrant Visa. The person has to be physically outside the United States for at least 10 years since the date of last departure to file for the CTR.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
@@Dyanwilliamslaw ok thank you for your answer but what happens if You file mywaiver i212 before the 10 years
i have found inadmissible section 212(a)(9) deported upon the arrival and barred for 5 years i have question can i apply k1 visa me and my boyfriend have plan to get married he is a us citizen do i need to hire lawyer for my case?
A K-1 visa may not be issued if the 5-year bar under INA 212(a)(9)(A) has not yet expired or you do not have a Consent to Reapply (Form I-212 approval). If you do not want to wait out the bar, you have first get an I-212 approval from USCIS before the US Embassy may grant the visa. You should at least consult with an experienced US immigration attorney even if you do not end up hiring one for your case.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
I was deported since 2018 I have my wife who trying to file for me where do I start
I assume your wife is a US citizen or permanent resident seeking to have you join her in the US on a spousal immigrant visa. A US citizen or permanent resident may file an I-130 petition for a spouse. If USCIS approves the petition, the spouse may then apply for an Immigrant Visa at the US Consulate/Embassy. To get the visa, he must be admissible to the United States or receive the proper waiver if he is inadmissible.
The reason for your deportation is a relevant factor to consider. Some reasons make you permanently inadmissible to the United States, e.g. aggravated felony, certain criminal offenses, fraud or willful misrepresentation of material fact to obtain US immigration benefits. Some reasons make you inadmissible up to a certain period, e.g. 10 years due to accrual of unlawful presence in the US prior to departure. Some inadmissibility grounds cannot be waived, such as controlled substance violations unless they involve a single offense of marijuana possession (30 grams or less). In some cases, you need an I-601 waiver, an I-212 waiver, or both, which carry eligibility and evidentiary requirements.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to request a consultation. We do not respond to every UA-cam comment or question. See dyanwilliamslaw.com/contact/
Helo mam I have section 235 b1 I’m banned for 5 years in the US I just want to ask if can I go to Singapore as a tourist for 6 days thank you
You seem to be asking whether you may travel to Singapore as a tourist. Singapore and every other country have its own immigration laws, regulations, rules, and policies. The 5-year bar due to expedited removal order is a bar to entry to the United States.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case.
Where do I file the I 212 form? My mother got deported for 20 years now
Where you file the I-212 depends on whether the applicant is seeking an immigrant visa or nonimmigrant visa, and other factors. In some cases, an official Form I-212 and filing fee are not required, such as when the person is applying for a visitor visa at the US Consulate. In other cases, an official Form I-212 and filing fee must be submitted to USCIS, such as when a person is applying for an immigrant visa at the US Consulate. In all cases, the CTR/I-212 applicant should submit documentary evidence and information showing the favorable factors outweigh the negative factors. See dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
Hey 👋 I've been trying to book an interview with you but it's pretty hard to get an answer
Due to the high volume of inquiries we receive daily, we do not respond to every single one. It's not clear how you tried to contact me. The easiest way to get a response is to send an email to info@dyanwilliamslaw.com with a basic description of your case. This will help us determine whether a consultation is appropriate. We provide consultations and representation in specific areas of U.S. immigration law. See dyanwilliamslaw.com/u-s-immigration-citizenship/
I was deported from usa in 2020 due to illegally entered in US.
My interview for assylum was failed and they removed me.Thay banned me for 5 years.
Can i come back again illegally?
A 5-year bar under INA 212(a)(9)(A)(i) means you are prohibited from entering the United States until the time period has passed. In the alternative, you must receive a Consent to Reapply for Admission to receive any visa or entry to the United States. An illegal entry to the U.S. and removal from the U.S. (especially when it's recent) are negative factors for the agency to consider in deciding whether to grant the CTR. Furthermore, you must otherwise be eligible for the appropriate visa to seek lawful entry to the U.S.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/
INA 212 (a)(a)(c)(i)(i)9ci bar you need the spousal petition wait outside in your origen country out us anyway for the permanent 10 years
If a person has an INA 212(a)(9)(C) bar -- which is a permanent inadmissibility ground - he will not be allowed to immigrate to the United States (even if he is the beneficiary of an approved spousal petition). The person must first receive a Consent to Reapply for Admission (Form I-212 approval) before the immigrant visa may be issued by the US Consulate/Embassy under law. He is not eligible to apply for the CTR until at least more than 10 years after the date of his last departure from the U.S. The filing of the spousal petition has to be timed appropriately.
This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every UA-cam comment. See dyanwilliamslaw.com/contact/