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2 entries into US w/o inspection triggers permanent bar?

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  • 2 entries into US w/o inspection triggers permanent bar?

    Husband entered US w/o inspection twice, 1997 and 2000, prior to our marriage. Voluntraily departed to Mexico in 2004. Paid lawyer $9000 to apply for visa and hardship waiver. Now hearing from her and different sources that he qualifies for permanent lifetime bar, with no possibility of waiver. Is this true???? No lawyers seem to want to touch this or advise me or help, except the one that took our money and lied to us....

  • #2
    Husband entered US w/o inspection twice, 1997 and 2000, prior to our marriage. Voluntraily departed to Mexico in 2004. Paid lawyer $9000 to apply for visa and hardship waiver. Now hearing from her and different sources that he qualifies for permanent lifetime bar, with no possibility of waiver. Is this true???? No lawyers seem to want to touch this or advise me or help, except the one that took our money and lied to us....

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    • #3
      ...law talks about unlawful presence of > 1 year and subsequesnt entry without inspection (or attempt), as the grounds for permanent inadmissibility. In most cases, that covers 2 EWI.
      There is a posibility for a waiver after 10 years of last departure.

      "Pursuant to section 212(a)(9)(C) of the Act, aliens who were
      unlawfully present in the United States for an aggregate period of more
      than one year and subsequently departed or who were previously ordered
      removed (and actually left the United States) and have subsequently either
      entered the United States without inspection or sought to enter the United
      States without inspection are permanently inadmissible. The statute makes
      an exception for aliens who seek admission more than 10 years after their
      last departure who have obtained advance consent from the Attorney General
      to reapply for admission. This ground of inadmissibility applies only to
      aliens who have attempted to re-enter or actually have re-entered the
      United States without being inspected and admitted or paroled."

      From INS Memo "Implementation of section 212(a)(6)(A) and 212(a)(9) grounds of
      inadmissibility"

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      • #4
        Thank you aneri for directing me to the proper section....

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