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Defending 212(a)(9)(C) When Misapplied

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  • Defending 212(a)(9)(C) When Misapplied

    There are numerous cases when 212(a)(9)(C) was misapplied for aliens who has prior immigration violation but tried to enter through POE and refused entry to US. Because, their intentions was not to enter "With Out being Admitted" that' why above said seciton does not apply to such aliens.

    This section applies when an alien has attempted to sneak through the border with out inspection or Perhaps can apply when an alien uses fake documents or lies that can be proven by INS/DHS to re-enter through the POE.

    Here is the exact definition of word admitted which I extracted form uscis
    website...
    INA § 101(a)(13)(A) provides: "The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer."

    The reference URL for is
    http://www.uscis.gov/graphics/lawsre...1BL1102105.pdf

  • #2
    There are numerous cases when 212(a)(9)(C) was misapplied for aliens who has prior immigration violation but tried to enter through POE and refused entry to US. Because, their intentions was not to enter "With Out being Admitted" that' why above said seciton does not apply to such aliens.

    This section applies when an alien has attempted to sneak through the border with out inspection or Perhaps can apply when an alien uses fake documents or lies that can be proven by INS/DHS to re-enter through the POE.

    Here is the exact definition of word admitted which I extracted form uscis
    website...
    INA § 101(a)(13)(A) provides: "The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer."

    The reference URL for is
    http://www.uscis.gov/graphics/lawsre...1BL1102105.pdf

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