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DOES ANYONE HAVE MORE INFORMATION ON 212-C?
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Hi. I am a little confused as 212-C seems to be a little vague. I will assume that you are talking about a section of law from the Immigration and Nationality Act.
Is this the one that you are referring to?
(c) 20/ Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of subsection (a) (other than paragraphs (3) and (9)(C)). Nothing contained in this subsection shall limit the authority of the Attorney General to exercise the discretion vested in him under section 211(b). This subsection shall not apply to an alien who is deportable by reason of having committed any criminal offense covered in section 241(a)(2)(A)(iii), (B), (C), or (D) , or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 241(a)(2)(A)(i). -
HUH?
WELL MY HUSBAND WAS DEPORTED AFTER SERVING HIS JAIL SENTENCE BACK IN 1996. AND WE WERE TOLD HE MIGHT HAVE A CHANCE TO GET HIS RESIDENCE BACK UNDER 212C. UNLAWFUL DEPORTATION OR SOMRTHING.
THAT'S WHY I'M WONDERING IF ANYONE KNOWS MORE ABOUT IT OR HAVE A SIMILAR SITUATION.Comment
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What section of law was your husband deported under?Comment
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NOT SURE. WE JUST GOT MARRIED BACK IN APRIL OF 2003 AND NOW WE WANT TO GET EVERYTHING STRAIGHTEN OUT WITH HIS STATUS HERE.
REALLY I JUST WANT TO KNOW IF HE HAS A CHANCE OR IF ANYONE OUT THERE HAS A SIMILAR SITUATION.
[This message was edited by Vero on February 26, 2004 at 03:49 PM.]Comment
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If your husband was deported then the office he was deported from has the amount of time he has to wait before he can re-enter. My fiance was depored in 1999 and we still have 5 more years to wait. They won't let up even though he has lived here since he was 9 and we have a 3 year old son together. This process *****!!!!Comment
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IS HE HERE WITH YOU NOW? SEE WHEN MY HUSBAND WAS DEPORTED HE CAME BACK THE SAME DAY.Comment
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Brandy - have you tried filing the I-212 waiver?
Vero - I am not sure if I can help you as far as the deportation goes - perhaps with more information I might be able to find something out, but I, personally, have never been in that situation, so I don't know all the laws backwards and forwards.
However, a red flag came up with your last post... do you mean that he was deported (i.e. lef the country) and then came back in the same day? If so, HOW? If he re-entered without inspection he (and, therefore, you could be in a world of trouble!! i.e. any waivers etc that might otherwise be available to him could be made unavailable under INA section 212(a)(9)(C).
Why don't you call the 800 number and clarify whether how section 212-C reads, perhaps then I could help you a little more.
Also, if you have not already, I would highly recommend finding a lawyer - it sounds like you might have a very technical legal battle on your hands, if you have a chance!!!Comment
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Originally posted by Vero:
IS HE HERE WITH YOU NOW? SEE WHEN MY HUSBAND WAS DEPORTED HE CAME BACK THE SAME DAY.Comment
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Well, if he was deported and then came back in the USA (I will assume that he illegally re-entered, i.e. without inspection) then 212(a)(9)(C) would apply... but this section of law will not help you - rather it will hurt you - as it prohibits him from filing for any waivers, etc.
However, if you think that the deportation was not in keeping with the law, I am sure that you have grounds upon which to argue it. I would recommend getting a really good lawyer.Comment
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