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QUESTION FOR MOHAN

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  • QUESTION FOR MOHAN

    Welcome back.It has been long, I have not read your posts. Here is the short version of my immigration history:

    I was granted VD in 95 with Departure date of Sept 96 but never left the country and defaulted to deported status. Have an approved I-30 which was filed in 1998 from US Citizen spouse. Thus I was elible for 245(i) but this eligibility went invein when moved to Canada in 2002 after trying for MTR few times.

    After moving to Canada, I revisited States through a POE under Visa Waiver Program, without knowing that I am under bar for re-rentering as an non-immigrant. And either the immigrant officer did not question me about my past. Later I found out that how lucky I got when re-entering because I was under 10 years bar for staying illegle in States. Anyway, I stayed in states for about 5 months and moved back to Canada and it has been 4 years I never tried revisiting.

    In my immigrant visa applicaiton I have declared my second reentry which was through POE, insepected and can proof providing the boarding paper that I was inspected when re-entering in states. My question is what are the implication of this second reentry? Am I in danger of facing 212(a)(9)(C)?

  • #2
    Welcome back.It has been long, I have not read your posts. Here is the short version of my immigration history:

    I was granted VD in 95 with Departure date of Sept 96 but never left the country and defaulted to deported status. Have an approved I-30 which was filed in 1998 from US Citizen spouse. Thus I was elible for 245(i) but this eligibility went invein when moved to Canada in 2002 after trying for MTR few times.

    After moving to Canada, I revisited States through a POE under Visa Waiver Program, without knowing that I am under bar for re-rentering as an non-immigrant. And either the immigrant officer did not question me about my past. Later I found out that how lucky I got when re-entering because I was under 10 years bar for staying illegle in States. Anyway, I stayed in states for about 5 months and moved back to Canada and it has been 4 years I never tried revisiting.

    In my immigrant visa applicaiton I have declared my second reentry which was through POE, insepected and can proof providing the boarding paper that I was inspected when re-entering in states. My question is what are the implication of this second reentry? Am I in danger of facing 212(a)(9)(C)?

    Comment


    • #3
      if you have I130 approved prior to 245i you will always grandfathered 245i and eligible for AOS unless you have felony. you have bar for ten years because you left the country . you suppose to get expedite removal when you reentered but Immigration officer may not have checked you prior entries so you were allowed back.
      you cannot get in back on VWP but you can still persue your AOS and become admissable with waiver if you apply thru US consulate in canada. you should clearly inform that you are granfathering 245i as well as you are covered under cooper's memo and you will be eligible under favourable discretionary relief.
      Its a discussion, not a legal advise..

      Comment


      • #4
        Thanks for your reply. The only Memo I could see was "INS GENERAL COUNSEL MEMO ON MOTIONS TO REOPEN ADJUSTMENT OF STATUS APPLICATIONS".

        I am not sure, if this memo will be much help at Counslar Processing in Canada unless you meant another Memo which is explicit about Counselar processing. The Aformentioned memo protects someone who is Filing AOS within US.
        Please advise how to context this Memo when I go for visa interview?


        Secondly, I am very confused that the INS may misapplied 212(A)(9)(C) because I re-entered States which was although inspected. I consulted few lawyers on this and each one has different opinion. What are your thoughts?

        Comment


        • #5
          you will find this memo on ALIA website. search for cooper's memo issued to all AAU( adminstrative units). I have copy of that.
          Its a discussion, not a legal advise..

          Comment


          • #6
            Can you please send me the link for this memo or email me at alibabaforty333@yahoo.com

            Comment


            • #7
              http://www.nilc.org/immlawpolicy/obtainlpr/oblpr061.htm
              Its a discussion, not a legal advise..

              Comment



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