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Inadmissibility - code 212 interpretation

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  • Inadmissibility - code 212 interpretation

    My boyfriend has overstayed in the USA for a total stay of 18 mths. He tried to travel back but was stopped and told he'd need a visa. We are waiting to get an appointment with an immigration attorney but hope you can answer some questions:
    1 - Information on INA 212 specifically section 9B.
    2 - The officer didn't say anything about being banned and only said he'd need a visa to visit again. Are they obligate to tell him if he is banned or have his passport stamped? Does he find this out when he has his meeting at the US Embassy?

  • #2
    My boyfriend has overstayed in the USA for a total stay of 18 mths. He tried to travel back but was stopped and told he'd need a visa. We are waiting to get an appointment with an immigration attorney but hope you can answer some questions:
    1 - Information on INA 212 specifically section 9B.
    2 - The officer didn't say anything about being banned and only said he'd need a visa to visit again. Are they obligate to tell him if he is banned or have his passport stamped? Does he find this out when he has his meeting at the US Embassy?

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    • #3
      What type of visa did he have originally?

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      • #4
        The statute defines INA section 212(a)(9)(B) or ("9B") "unlawful presence" as presence in the US without admission or parole, or presence in the US after the expiration of the period of stay authorized by the Attorney General. For both the three and ten-year bars, the period of unlawful presence must be continuous. This definition essentially encompasses three categories of aliens: a.) aliens who enter without inspection (EWI's), b.) aliens who overstay the date on their I-94 (overstays), and c.) aliens who are determined by the USCIS or an immigration judge to have violated the terms of their status.
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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