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Spouse, Mohon, Bushmaster.........Other Experts.....

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  • #16
    and it is "hanbal", not "handbal"

    Comment


    • #17
      1. You are saying he was "Deported and banned for 5 years", but no where in his FOIA says that word at all.

      I AM NOT USING THIS WORD AS AN OFFICIAL TERM, BUT BASICALLY BECAUSE IT IS WHAT MANY THINGS ARE CONSIDERED. HERE IS OUR SITUATION. MY HUSBAND TRIED TO RE-ENTER THE STATES ON A MULTIPLE ENTRY VISA AFTER AN OVERSTAY. HE WAS DETAINED AT THE BORDER AND WAS GIVEN "VOLUNTARY DEPARTURE" MEANING THAT HE HAD NO PROBLEMS WITH LEAVING AND EVEN USED HIS OWN TICKET TO RETURN.

      WE THOUGHT THAT THIS WAS DIFFERENT FROM "DEPORTATION" BUT WE WERE WRONG. AFTER THE INTERVIEW FOR RESIDENCY (WHICH WE KNEW WOULD BE DENIED DUE TO OVERSTAY) THEY TOOK HIS FINGERPRINTS. WHEN THEY RAN THEM THEY REPORTED THAT HE HAD BEEN UNDER EXPEDITED REMOVAL PROCEEDINGS FROM THE POE AND THAT HE WOULD NEED TO FILE A WAIVER OF DEPORTATION FOR A FIVE YEAR BAR.

      SO CALL IT WHAT YOU WILL, IT SEEMS TO FALL UNDER THE DEPORTATION HEADING TO ME....

      2. After that 5 years, does he need any waiver? or he can apply for legal entry without any waiver?

      ASSUMING HE HAS BEEN GIVEN THIS BAR, HE SHOULD TECHNICALLY BE ABLE TO RE-ENTER THE COUNTRY LEGALLY WITHOUT HAVING TO FILE A WAIVER AT THE END OF THIS TIME. HOWEVER, I AM NOT SURE EXACTLY HOW THIS WORKS IN PRACTICE FOR THINGS LIKE TOURIST VISAS, THEY MAY OR MAY NOT BE MORE SELECTIVE.... AND HE MAY OR MAY NOT NEED TO PROVIDE ADDITIONAL PROOF OF HIS INTENTION TO RETURN TO HIS OWN COUNTRY.

      3. Mohon says it may be "Expedited removal" You saying "Deportation" which is right? Two of them has two different consequences, right?

      EXPEDITED REMOVAL IS THE OFFICIAL TERM. HOWEVER, FRANKLY, AS FAR AS I CAN TELL THEY ARE REALLY THE SAME THING (5 YEAR BAR, I-212 WAIVER FOR DEPORTATION). IF YOU HAVE ANY ACTUAL INFORMATION REGARDING ANY DIFFERENCES I WOULD BE CURIOUS TO LEARN ABOUT THEM.

      4. For waiver no matter it is 212 or 601, you have to have close relaives, but my friends does not have anybody in USA,
      so is there any waiver available for him?

      I THINK THAT THERE MAY BE SOMETHING LIKE A J1 WAIVER FOR DOCTORS OR HIGHLY SKILLED INDIVIDUALS, BUT I AM NOT REALLY SURE WHAT THE WAIVER IS FOR. IN FACT, I REALLY DON'T KNOW VERY MUCH ABOUT IT AT ALL.

      MY GUESS IS THAT UNLESS HE HAS A PHENOMENAL SKILL THAT HE CAN OFFER THE COMMUNITY NO WAIVERS ARE AVAILABLE. ASSUMING HE HAS BEEN GIVEN THE BAR, THEN HE WILL PROBABLY JUST HAVE TO WAIT OUT THE TIME BEFORE BEING ALLOWED LEGAL RE-ENTRY.

      HOPE THIS HELPS!

      Comment


      • #18
        expedited removal = deportation

        Comment


        • #19
          I guess you got your answer you was arguing/ What will happend after 5 years?
          HE still have to file a waiver but he will mention that his bar should be abolished as his 5 years bar term is completed on xxx date.

          FOIA.
          is information of the case and what was existed in aliens case. FOIA report will not state the LAw and the terms. in case of deportation it will only mention as deportation " how alien got deported, means of departure( on his own OR INS expenses), BAR,or admissiblity , all this stuff is not mentioned, alien has to find it by talking to lawyers or LAw Books.

          Comment


          • #20
            Thanks Mohon.

            As you said FOIA would say atleast "Deported" or "Expedited removed".

            But in this case it does not says so. It says where it happened, the code 212(a)(6)(A)(i), and the means he returned, voluntarily.

            And they took his picture in computer and his only index finger print in computer, In case of expedited removal they usually take all 10 fingers prints in paper. In his case it was not the matter. I guess that was the criminal check procedure which is taking the index finger print and picture in computer.

            Mohon could you please explain me the code 212(a)(6)(A)(i)...? What is the Bar for that code?

            Thanks again.

            Comment


            • #21
              (6) Illegal entrants and immigration violators.-


              (A) 8/ ALIENS PRESENT WITHOUT admission or parole.-


              (i) In general.-An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.


              (ii) Exception for certain battered women and children.-Clause (i) shall not apply to an alien who demonstrates that-


              (I) the alien qualifies for immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1),


              IT means he is inadmissable. Why he become inadmissable, beacuse he entered illigally and put in expedite removal and deported.
              he will have 5 years bar,
              Read section 212.2

              Here
              Sec. 212.2 Consent to reapply for admission after deportation, removal or departure at Government expense.



              (a) Evidence. Any alien who has been deported or removed from the United States is inadmissible to the United States unless the alien has remained outside of the United States for five consecutive years since the date of deportation or removal. If the alien has been convicted of an aggravated felony, he or she must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States. Any alien who has been deported or removed from the United States and is applying for a visa, admission to the United States, or adjustment of status, must present proof that he or she has remained outside of the United States for the time period required for re-entry after deportation or removal. The examining consular or immigration officer must be satisfied that since the alien's deportation or removal, the alien has remained outside the United States for more than five consecutive years, or twenty consecutive years in the case of an alien convicted of an aggravated felony as defined in section 101(a)(43) of the Act. Any alien who does not satisfactorily present proof of absence from the United States for more than five consecutive years, or twenty consecutive years in the case of an alien convicted of an aggravated felony, to the consular or immigration officer, and any alien who is seeking to enter the United States prior to the completion of the requisite five- or twenty-year absence, must apply for permission to reapply for admission to the United States as provided under this part. A temporary stay in the United States under section 212(d)(3) of the Act does not interrupt the five or twenty consecutive year absence requirement.



              (b) Alien applying to consular officer for nonimmigrant visa or nonresident alien border crossing card.



              (1) An alien who is applying to a consular officer for a nonimmigrant visa or a nonresident alien border crossing card, must request permission to reapply for admission to the United States if five years, or twenty years if the alien's deportation was based upon a conviction for an aggravated felony, have not elapsed since the date of deportation or removal. This permission shall be requested in the manner prescribed through the consular officer, and may be granted only in accordance with sections 212(a)(17) and 212(d)(3)(A) of the Act and Sec. 212.4 of this part. However, the alien may apply for such permission by submitting Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal, to the consular officer if that officer is willing to accept the application, and recommends to the district director that the alien be permitted to apply.



              (2) The consular officer shall forward the Form I-212 to the district director with jurisdiction over the place where the deportation or removal proceedings were held.



              (c) Special provisions for an applicant for nonimmigrant visa under section 101(a)(15)(K) of the Act.



              (1) An applicant for a nonimmigrant visa under section 101(a)(15)(K) must:



              (i) Be the beneficiary of a valid visa petition approved by the Service; and



              (ii) File an application on Form I-212 with the consular officer for permission to reapply for admission to the United States after deportation or removal.



              (2) The consular officer must forward the Form I-212 to the Service office with jurisdiction over the area within which the consular officer is located. If the alien is ineligible on grounds which, upon the applicant's marriage to the United States citizen petitioner, may be waived under section 212(g), (h), or (i) of the Act, the consular officer must also forward a recommendation as to whether the waiver should be granted.



              (d) Applicant for immigrant visa. Except as provided in paragraph (g)(3) of this section, an applicant for an immigrant visa who is not physically present in the United States and who requires permission to reapply must file Form I-212 with the district director having jurisdiction over the place where the deportation or removal proceedings were held. If the applicant also requires a waiver under section 212(g), (h), or (i) of the Act, Form I-601, Application for Waiver of Grounds of Excludability, must be filed simultaneously with the Form I-212 with the American consul having jurisdiction over the alien's place of residence. The consul must forward these forms to the appropriate Service office abroad with jurisdiction over the area within which the consul is located. (Amended effective 6/11/99; 64 FR 25756)



              (e) Applicant for adjustment of status. An applicant for adjustment of status under section 245 of the Act and Part 245 of this chapter must request permission to reapply for entry in conjunction with his or her application for adjustment of status. This request is made by filing an application for permission to reapply, Form I-212, with the district director having jurisdiction over the place where the alien resides. If the application under section 245 of the Act has been initiated, renewed, or is pending in a proceeding before an immigration judge, the district director must refer the Form I-212 to the immigration judge for adjudication.



              (f) Applicant for admission at port of entry. Within five years of the deportation or removal, or twenty years in the case of an alien convicted of an aggravated felony, an alien may request permission at a port of entry to reapply for admission to the United States. The alien shall file the Form I-212 with the district director having jurisdiction over the port of entry.



              (g) Other applicants.



              (1) Any applicant for permission to reapply for admission under circumstances other than those described in paragraphs (b) through (f) of this section must file Form I-212. This form is filed with either:



              (i) The district director having jurisdiction over the place where the deportation or removal proceedings were held; or



              (ii) The district director who exercised or is exercising jurisdiction over the applicant's most recent proceeding.



              (2) If the applicant is physically present in the United States but is ineligible to apply for adjustment of status, he or she must file the application with the district director having jurisdiction over his or her place of residence.



              (3) If an alien who is an applicant for parole authorization under § 245.15(t)(2) of this chapter requires consent to reapply for admission after deportation, removal, or departure at Government expense, or a waiver under section 212(g), 212(h), or 212(i) of the Act, he or she may file the requisite Form I-212 or Form I-601 at the Nebraska Service Center concurrently with the Form I-131, Application for Travel Document. If an alien who is an applicant for parole authorization under § 245.13(k)(2) of this chapter requires consent to reapply for admission after deportation, removal, or departure at Government expense, or a waiver under section 212(g), 212(h), or 212(i) of the Act, he or she may file the requisite Form I-212 or Form I-601 at the Texas Service Center concurrently with the Form I-131, Application for Travel Document. (Added effective 6/11/99; 64 FR 25756) (Amended 3/24/00; 65 FR 15846)

              Comment


              • #22
                correctional: thanks for the correktion! ;-)

                there was one previous post equalling
                removal with deportation. The difference can be significant in some cases, because other criteriums must be reached or qualified for to be eligable for it (or its chancelation).

                Someone who was subject to deportation may apply for 212 (which does not exist for removal cases anymore). Like I said, I'm not an attorney, and these laws are more than complex, I'm just pointing out some of the facts. Spouse gave you pretty much a good insight out of an affected person's persvective! Good luck!

                Comment


                • #23
                  Thanks for the info Hanbal.

                  As for my own experience, I found my understanding/perception to be very confusing and different from reality... I really thought that my husband had not actually been deported/removed/whatever because he hadn't actually succeeded in gaining admission to the USA and voluntarily left on the next flight out, which he paid for...

                  Heck he was only given a rotten egg for breakfast, and a hard cold floor in a jail cell with about 40 hardened criminals (i.e. drug dealers, etc.) so the government couldn't have spent that much money on the night he spent "in the USA." - but apparently that is considered deportation...

                  oh well at least the rumors are that the I-212 is easier than the I-601! (Here's hoping!!)

                  Comment


                  • #24
                    oh yeah... my husband was also sent back under 212 something something something. I don't think the letters were exactly the same as Brave's but similar.

                    Comment


                    • #25
                      Thanks to all.

                      Spouse, Mohon

                      What is the Difference between Waiver I-192 and I-212......???

                      Could you please explain it?

                      Comment

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