Section 212 A 9

It covers who needs a waiver of unlawful presence what are the requirements for a waiver of unlawful presence and which waiver process to use depending on the applicant s circumstances.

Section 212 a 9. In order for a foreign national to be admitted to the united states he or she must be admissible. It introduced among a host of harsh measures ina 212 a 9 b and 212 a 9 c. You have remained in the united states after the expiration of the period of stay authorized by the secretary of homeland security the secretary.

In accorance with the provisions of section 2 12 a 9 of the immigration and nationality act act you are prohibited from entering attempting to enter or being in the united states. Although it is similar to the more common 3 and 10 year bars of inadmissibility there are differences in how the permanent bar is triggered and the penalties proscribed. Any alien who has been ordered removed under section 235 b 1 or at the end of proceedings under section 240 initiated upon the alien s arrival in the united states and who again seeks admission within 5 years of the date of such removal.

212 a 9 b unlawful presence what is a grounds of inadmissibility. At any time because you have been found inadmissible or excludable under section 212 of the act or deportable under section 241 or 237 of the act and ordered deported or removed from the united states and you have been convicted of a crime designated as an aggrovated felony. 212 a 9 a i 212 a 9 a ii inadmissibility due to ordered removed upon arrival.

This advisory explains unlawful presence under ina 212 a 9 b and the differences between the i 601 and i 601a waivers of unlawful presence. I been told by. Application for permission to reapply for admission into the united states after deportation or removal.

When the alien s inspection was deferred on or after april 1 1997 based solely on a finding of inadmissibility under section 212 a 9 c of the act which relied on the march 31 guidance the service shall admit the alien if otherwise admissible at the time the inspection is completed. You are present in the united states without being admitted or paroled. A foreign national can be deemed inadmissible to the united states by uscis cbp and a consulate.

I got deported april 2019 because of visa waiver and was ban for 10 years to italy my wife did the i130 got approved and we did the interview and they said the visa will be refuse because section 212 a 9 b i ii section 212 a 9 ii but they told us we eligible for waiver. The permanent bar of inadmissibility is found in section 212 a 9 c i i of the immigration and nationality act ina. According to section 212 a 9 b ii of the ina you accrue unlawful presence if.