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  1. #1
    Join Date
    Oct 2011
    Posts
    5

    Default Denied Visa Under INA 221(G) and 212(A)(9) (B)(I)(ii) - Now What

    Good Afternoon and THANK YOU for your assistance and a great community!

    My husband just completed his Immigrant Visa Interview in his home country for travel to the USA. He was refused due to 221(g) and 212(a)(9) (B)(i)(II). The 221(g) we are aware that we will need to send evidence of my marriages/divorces and I am working on this currently. I have an address for the consulate where this will be sent. The 212(a)(9) (B)(i)(II) was for an overstay with a bar on entry for 10 years. My question is this: His bar will be over in June 2012 so we are not looking to do a waiver .. the consular said it would be the same amount of time for waiting for the waiver and just riding out the bar ... we are going to re do things in June 2012. But we are so confused on where to begin with this. Do we have to write a letter in June asking for a visa or what?? Where to RE-begin I guess is my question. The consular said we do not need to re do an interview again as long as the bar is over, the 221(g) info is sent to them. He did determine our marriage was indeed legitimate so there was no questioning this. Also, will I have to start over from the i-130 papers?? I am so confused and we just want to do things right and get him home where he belongs! June seems like centuries away but hopefuly it will be here before we know it!

    Thank you kind respondants for your assistance and information!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Denied Visa Under INA 221(G) and 212(A)(9) (B)(I)(ii) - Now What

    As we discussed in your other thread, your husband has a period of ineligibility due to his history of overstay.
    Quote Quoting INA 221(g)
    (g) No visa or other documentation shall be issued to an alien if

    (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law,

    (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or

    (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law:
    Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4) , if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213:

    Provided further, That a visa may be issued to an alien defined in section 101(a)(15) (B) or (F) , if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a) , or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States.
    Quote Quoting INA 212(a)(9). Aliens Previously Removed
    (9) Aliens Previously Removed.

    (A) Certain aliens previously removed.-

    (i) Arriving aliens.-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 (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

    (ii) Other aliens.-Any alien not described in clause (i) who-

    (I) has been ordered removed under section 240 or any other provision of law, or

    (II) departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
    (iii) Exception.-Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission.
    (B) ALIENS UNLAWFULLY PRESENT.-

    (i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

    (I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) &nbsp prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or

    (II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.
    (ii) Construction of unlawful presence.- For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

    (iii) Exceptions.-

    (I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

    (II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

    (III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 14/ shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

    (IV) Battered women and children.-Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if "violation of the terms of the alien's nonimmigrant visa" were substituted for "unlawful entry into the United States" in subclause (III) of that paragraph.

    (V) VICTIMS OF A SEVERE FORM OF TRAFFICKING IN PERSONS- Clause (i) shall not apply to an alien who demonstrates that the severe form of trafficking (as that term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) was at least one central reason for the alien's unlawful presence in the United States.
    (iv) Tolling for good cause.-In the case of an alien who-

    (I) has been lawfully admitted or paroled into the United States,

    (II) has filed a nonfrivolous application for a change or extension of status before the date of expiration of the period of stay authorized by the Attorney General, and

    (III) has not been employed without authorization in the United States before or during the pendency of such application,the calculation of the period of time specified in clause (i)(I) shall be tolled during the pendency of such application, but not to exceed 120 days.
    (v) Waiver.-The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.
    (C) Aliens unlawfully present after previous immigration violations.-

    (i) In general.-Any alien who-

    (I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or

    (II) has been ordered removed under section 235(b)(1) , section 240 , or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.
    (ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien's reapplying for admission.

    (iii) WAIVER- The Secretary of Homeland Security may waive the application of clause (i) in the case of an alien who is a VAWA self-petitioner if there is a connection between--

    (I) the alien's battering or subjection to extreme cruelty; and

    (II) the alien's removal, departure from the United States, reentry or reentries into the United States; or attempted reentry into the United States.

  3. #3
    Join Date
    Oct 2011
    Posts
    5

    Default Re: Denied Visa Under INA 221(G) and 212(A)(9) (B)(I)(ii) - Now What

    Mr knowitall thanks again for your reply! But I'm niw aware of this and from previous thread. I'm just inquiring about the steps now. Once denied after interview, where do we go from here??? After we ride out the 10 years where do we restart?? Another I-130 ??? Or what? Sorry it's just all soooo confusing and we have UNFORTUNATELY no $$ for an attorney.
    Thank you sir!!!

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Denied Visa Under INA 221(G) and 212(A)(9) (B)(I)(ii) - Now What

    There are social service agencies that assist with immigration issues with fees based on ability to pay. Check with Catholic Charities, Lutheran relief, or ask your local referral agency for others in your area.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Denied Visa Under INA 221(G) and 212(A)(9) (B)(I)(ii) - Now What

    You need to wait the 10 years, then proceed based on laws current at that time.

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