Inadmisibility for asylees 212.a.9.b (3-10 years bar)

assylum

Registered Users (C)
Did anybody hear about this immigration law section 212.a.9.b?

I heard that it is like 212.a.3.b. It prevents asylees from obatining a green card.


The inadmisibility section 212.a.9.b might be triggered if any asylee with prior illegal presence leave the US with RTD or AP before becoming permanent resident and re-enters the US even if the trip is too short.

Asylees who are subject to inadmisibility 212.a.9.b can not adjust to LPR (green card). They need a waiver. Is that true?
 
hi every one
how i can appeal against refused under section 212 (a)(5a)
iam winer in dv2014 and after i completed all applications
they refused me while iam in embassy
plz i need advise .thnx alot
 
That is some bullsh*t

i traveled twiece using only rtd and i never had problems and i even got my green card!!!

did anybody hear about this immigration law section 212.a.9.b?

I heard that it is like 212.a.3.b. It prevents asylees from obatining a green card.


The inadmisibility section 212.a.9.b might be triggered if any asylee with prior illegal presence leave the us with rtd or ap before becoming permanent resident and re-enters the us even if the trip is too short.

Asylees who are subject to inadmisibility 212.a.9.b can not adjust to lpr (green card). They need a waiver. Is that true?
 
212(a)(9)(B) Unlawful Presence

What is a grounds of inadmissibility

In order for a foreign national to be admitted to the United States, he or she must be admissible. A foreign national can be deemed inadmissible to the United States by USCIS, CBP and a Consulate. If the foreign national is deemed inadmissible due to the United States, he or she cannot enter without a waiver of inadmissibility or a determination that the inadmissibility charge was made in error.

212(a)(9)(B) Inadmissibility due to Unlawful Presence

Any foreign national who was unlawfully present in the US for more than 180 days is inadmissible for three years and if unlawfully present for one year, is inadmissible for ten years.

How to obtain a determination that the 212(a)(9)(B) ground of inadmissibility was incorrectly made

No matter which US government agency made the inadmissibility determination, each provides a method to dispute the determination, though each has drastically different processing times. We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the Consulate in as little as 2 weeks. CBP quotes turnaround times of as little as 30 days and USCIS will not offer a time frame. In our experience, the more difficult the situation, the longer it will take to get resolved.

How to obtain a 212(a)(9)(B) waiver

There are two types of waivers that apply to each grounds of inadmissibility: one for immigrants and one for nonimmigrants. Immigrants are foreign nationals who are trying to obtain an immigrant visa or green card. Nonimmigrants are foreign nationals who are trying to obtain or enter with a temporary visa such as a B2 tourist visa, F1 student visa or H1B work visa, among others. Some grounds of inadmissibility allows both immigrant and nonimmigrant waivers, some allow one and some offer no waiver at all.

Nonimmigrant Waiver

A nonimmigrant waiver can be issued for a one year term (five year term in limited circumstances) where the foreign national is eligible for a nonimmigrant visa and can establish his or her presence would not be harmful to US interests. When the application for the waiver is made, normally at the Consulate the will issue the nonimmigrant visa, the Consular officer will consider the following factors when deciding whether or not to issue the visa
1.The recency and seriousness of the activity or condition causing the inadmissibility;
2.The reasons for the proposed travel to the US; and
3.The positive or negative effect, if any, of the planned travel on US public interests.

Immigrant Waiver

212(a)(9)(B)(v) offers an immigrant visa waiver where the foreign national is the spouse or child of a USC/LPR and can establish that this relative will suffer extreme hardship if he or she is refused admission to the US.

Does The Messersmith Law Firm handle these types of cases?

Yes, we take all types of immigration cases and represent clients worldwide. Here is a short sample of our recently approved petitions.

Many people who are faced with a inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again. This is simply not true. For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination. We have successfully helped many clients who were determined to be inadmissible and we can assist you. We believe that with the right approach, there is always a hope to win your case.

Latest News About INA 212(a)(9)(B)




Did anybody hear about this immigration law section 212.a.9.b?

I heard that it is like 212.a.3.b. It prevents asylees from obatining a green card.


The inadmisibility section 212.a.9.b might be triggered if any asylee with prior illegal presence leave the US with RTD or AP before becoming permanent resident and re-enters the US even if the trip is too short.

Asylees who are subject to inadmisibility 212.a.9.b can not adjust to LPR (green card). They need a waiver. Is that true?
 
Did anybody hear about this immigration law section 212.a.9.b?

I heard that it is like 212.a.3.b. It prevents asylees from obatining a green card.


The inadmisibility section 212.a.9.b might be triggered if any asylee with prior illegal presence leave the US with RTD or AP before becoming permanent resident and re-enters the US even if the trip is too short.

Asylees who are subject to inadmisibility 212.a.9.b can not adjust to LPR (green card). They need a waiver. Is that true?


This information is related to people who overstayed their visas and try to come back on the same visa! Once you get your asylum, your status will change and you no longer need to worry about that. I know many people who overstayed their visas (4 years, 5 and 10) and once they got their RTD, GC, Parole letter, whatever they got, they left the country and came back without any problems.
 
Top