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  • Immigration Law Question: WAIVER GRANTED

    Good morning, I have a consultation to make. I had asked for a non-immigrant visa in order to enter the U.S. to attend a hearing related to a custody case. A waiver had to be requested on my behalf because I am not admissible due to my unlawful presence in the past.

    The Annotations read as follows:
    212(D)(3)(A)(I): 212(A)(6)(C)(I)
    212(D)(3)(A)(I): 212(A)(9)(C)(I)(I)
    212(D)(3)(A)(I): 212(A)(9)(B)(I)(II)

    Could you please assist me to find out what they mean so I can understand what is on my record?

    I look forward to your reply.

    Kind Regards,

    Mirna.

  • #2
    Good morning, I have a consultation to make. I had asked for a non-immigrant visa in order to enter the U.S. to attend a hearing related to a custody case. A waiver had to be requested on my behalf because I am not admissible due to my unlawful presence in the past.

    The Annotations read as follows:
    212(D)(3)(A)(I): 212(A)(6)(C)(I)
    212(D)(3)(A)(I): 212(A)(9)(C)(I)(I)
    212(D)(3)(A)(I): 212(A)(9)(B)(I)(II)

    Could you please assist me to find out what they mean so I can understand what is on my record?

    I look forward to your reply.

    Kind Regards,

    Mirna.

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by MIRNA5483:
      Good morning, I have a consultation to make. I had asked for a non-immigrant visa in order to enter the U.S. to attend a hearing related to a custody case. A waiver had to be requested on my behalf because I am not admissible due to my unlawful presence in the past.

      The Annotations read as follows:
      212(D)(3)(A)(I): 212(A)(6)(C)(I)
      212(D)(3)(A)(I): 212(A)(9)(C)(I)(I)
      212(D)(3)(A)(I): 212(A)(9)(B)(I)(II)

      Could you please assist me to find out what they mean so I can understand what is on my record?

      I look forward to your reply.

      Kind Regards,

      Mirna. </div></BLOCKQUOTE>

      The first one is for fraud/misrepresentation. The second indicates unlawful presence. The third for the length of time you were unlawfully present - since it was over 1 year, the length of your entry bar is 10 years.

      The first one is the most serious one.
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

      Comment


      • #4
        Thank you for your reply. Now, I wonder where they got that from? I never commited fraud, or misrepresentation?! is there a way to find out who enter that information in the system or for what reason? I am worried now.

        I understand I made a mistake by staying in the country without authorization, but this fraud thing I cannot understand.

        I wonder if an attorney could find out more.

        Are you an attorney?

        Regards,

        Mirna

        Comment


        • #5
          I'm not an attorney, no. Just a lowly immigrant ;-)

          You can file a FOIA request with the USCIS to find out what they have in their files. A lawyer could help with that, but the request has to come from you. Honestly, it could be anything relating to how you entered or on any paperwork filed. Doesn't necessarily have to be proven - USCIS is a law unto themselves and don't need to meet burden of proof.
          **************************************
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

          Comment


          • #6
            This is (Aroha's reply) false and is not supported by case law nor laws and regulations of US as passed by Congress.

            In practice , two of the things may occur:

            1. If allegations are arbitrary , unfounded and not supported by evidence the Judge , should you decide to fight it off in court, would most assuredly throw it out , adding some insulting and degrading remarks towards the uneducated government officer who dared to do such a thing
            superseding their authority.

            2. If allegations are true and supported by facts/evidence you would be wasting your time arguing and you better off just accept teh fact that you did something you shouldn't have and let it be.

            FOIA is useless to find any information on your file that has to do with certain immigration law enforcement and pending allegations (there is a doctrine of preserving the interests of justice that allows
            government to conceal certain information about you if it deems it necessary for the purpose of
            enforcing a law).

            If you know you are right and allegations are false then fight it off by any legal means possible without any reservations. Contrary to what individuals like Aroha would want yoo to believe, USA is not Ayatollistan and it is not run by a bunch of Mullahs or Church clerics who can brainwash their parishioners into such tyrannical and bizzare behavior as abusing the
            government office to unduly punish innocent individuals at will.

            On the other hand, if you know the allegations are true and you have no basis to refute, then
            you will save yourself a time and headache by leaving it alone and leaving States by the end of your authorized period of stay.

            Good luck and don't believe what you read on public boards.
            DO your own research and hire a professional help if needed.

            Comment


            • #7
              Thank you all for taking the time to reply to my post.
              I will definately consult with an attorney regarding these, because if someone used the wrong criteria and added it to my record, this will be on my back for the rest of my life and I do not think it is fair.
              I have been very honest with the authorities regarding the details of my unlawful presence and unfortunately I came across a Consular Officer in Madrid, who was very disrespectful to me and even called me a "CRIMINAL" for saying I was unlawfully present back then.
              According to her views, all immigrants who overstay their visas or cross the border are criminals who should be prosecuted and jailed. I was in tears and asked to speak to her supervisor and she replied that if I didn´t leave the Consulate immediately she was going to "add comments to my file" so don´t be surprised if the person who added the fraud to my file, was her.
              I hope I can find a way to know what they mean and under what circumstances that was added to my record.
              Thanks again for your input.

              Regards,

              Mirna.

              Comment


              • #8
                Very odd , to say the least.
                Consular Officers of State Department on international missions are not your average radical Church going, grown in truck drivers' family redneck from some RED State (and even if they were, they would not act in violation of protocol).
                They are career DIPLOMATS and while have almost limitless and judicially uncontrolled power to decide the outcome of visa application, yet even
                in the least favorable circumstances will chose their words carefully and limit themselves to a wish of good luck and may hand at most an envelope with
                a single sentence and code of law, without further explanations of denial.
                This leads me to think you may be a fake poster (of which we are used to on this board).

                As to factual content , visa overstay is not a crime. I don't think consular officer would be unaware of this (although they are very strict and
                will use any relevant code of law to presume guilt and deny, yet they can not be unaware of the letter of the law).
                Border crossing with inspection is not a crime either, onli EWI is.

                You are not here to ask questions, you are probably a private contractor , working on forums like this to elicit specific reactions and information.

                If so be professional, so that you are not thAt obvious.

                Good luck.

                Comment


                • #9
                  This message is for OldE1:

                  I am not sure why you are doubting my postings, I am only sharing what happenned to me at the Consulate of Madrid, I even wrote a letter to Ambassador Aguirre, the U.S. Ambassador at the time and his staff called me to apologize for the behavior of the officer.

                  In theory, all consular officer should have the training and respect to handle applicants but this was not the case and I have no reason to lie or post false information in this forum. I am only trying to figure out how did this fraud codes ended up on my record.

                  I am not too sure what kind of people enters this forum and for what purposes, but I must tell you, I am not a contractor or a fake, I am a woman who simply decided to be a part of this forum yesterday with the only intention to perhaps familiarize myself with the immigration law and how to go about learning more about clearing my name if anyone has experience and wished to help.

                  No mistery, no hidden agendas, simple honesty, is that too hard to accept in today´s world? I guess it is. Sad indeed.

                  In Spanish we say: "FOR THE SINS OF OTHERS, INNOCENTS PAY THE PRICE". You probably came accross fakes and contractors or God knows who in this forum, but this is not my case.

                  Thank you anyway for taking the time to respond before.

                  Good luck to you too.

                  Regards,

                  Mirna.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by MIRNA5483:
                    This message is for OldE1:
                    In Spanish we say: "FOR THE SINS OF OTHERS, INNOCENTS PAY THE PRICE". </div></BLOCKQUOTE>

                    That's Biblical.
                    Don't some "Christians" love Jesus when it is time to scapegoat someone. In medical terms it's called sublimation.

                    If you are serious seek professional legal assistance.

                    <span class="flash-video"><object classid="clsid:d27cdb6e-ae6d-11cf-96b8-444553540000"
                    codebase="http://fpdownload.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=8,0,0,0"
                    width="560"
                    height="315"
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                    value="never"
                    ></param><param name="wmode"
                    value="transparent"
                    ></param><param value="never"
                    /><param value="transparent"
                    /><param name="movie"
                    value="http://www.youtube.com/v/2RneoccuJwY?version=3&amp;hl=en_US&amp;rel=0"
                    /><param value="true"
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                    wmode="transparent"
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                    pluginspage="http://www.macromedia.com/go/getflashplayer"
                    src="http://www.youtube.com/v/2RneoccuJwY?version=3&amp;hl=en_US&amp;rel=0"
                    width="560"
                    height="315"
                    /></object></span>

                    Comment


                    • #11
                      OldE1: I am not too sure what that video means or what you are trying to tell me.

                      I do not mix pears with apples, if you know what I mean. I am not here to speak about my religious views or any other sensitive topic like that, which could be offensive to others.

                      Respect to all, before anything. I am not too sure why you are so blunt with your responses but I am not about to find out.

                      Thanks for the advise, I will definitely seek professional legal help.

                      Regards,

                      Mirna

                      Comment


                      • #12
                        The post has been deleted by the administrator for violating the discussion board rules.

                        Comment

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