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  • NTA Estimated Arrival Date

    I have a friend who is scheduled for a Notice to Appear for in Sept. The arrival date that is on his paper work indicates Oct 2002. The immigration officers asked him when he first came here. He answered them honestly. He has made three prior visits to the US, but as EWI. He stayed in his country for about 2 months during each visit before re-entry to US. He wants to request voluntary departure at the hearing. He doesn't want the 10 year bar, should he mention the times that he went back to Mexico? The unlawful presence time would not exceed the 365 limit that would trigger the 10 year bar, but I am afraid that mentioning that he went back to Mexico and returned here illegally in the past would create a problem. He has never had a Notice to Appear until this year, so he has never "voluntarily departed" before. I had read the periods of unlawful presence under sections 212(a)(9)(B)(i)(I) and (II) are not counted in the aggregate. This is because each period of unlawful presence in the United States is counted separately for purposes of section 212(a)(9)(B)(i) of the Act, and in this example no single period of unlawful presence exceeded 365 days.
    It should be noted, however, that the consular officer would exercise discretion in deciding whether to grant
    the nonimmigrant visa, given the alien's prior periods of unlawful presence in the United States.
    But, in Section 212(a)(9)(C)(i)(I) of the Act, it renders inadmissible those aliens who were previously unlawfully present in the United States for an aggregate period of more than one year who enter or attempt to re-enter the United States without being admitted. These aliens are permanently inadmissible, however, after they have been outside the United States for at least 10 years, they may seek consent to reapply for admission from the Attorney General.
    Should he tell them about the prior visits in order to avoid the bar or leave it alone because it will cause more trouble for him.


    Thanks,Jainie

  • #2
    I have a friend who is scheduled for a Notice to Appear for in Sept. The arrival date that is on his paper work indicates Oct 2002. The immigration officers asked him when he first came here. He answered them honestly. He has made three prior visits to the US, but as EWI. He stayed in his country for about 2 months during each visit before re-entry to US. He wants to request voluntary departure at the hearing. He doesn't want the 10 year bar, should he mention the times that he went back to Mexico? The unlawful presence time would not exceed the 365 limit that would trigger the 10 year bar, but I am afraid that mentioning that he went back to Mexico and returned here illegally in the past would create a problem. He has never had a Notice to Appear until this year, so he has never "voluntarily departed" before. I had read the periods of unlawful presence under sections 212(a)(9)(B)(i)(I) and (II) are not counted in the aggregate. This is because each period of unlawful presence in the United States is counted separately for purposes of section 212(a)(9)(B)(i) of the Act, and in this example no single period of unlawful presence exceeded 365 days.
    It should be noted, however, that the consular officer would exercise discretion in deciding whether to grant
    the nonimmigrant visa, given the alien's prior periods of unlawful presence in the United States.
    But, in Section 212(a)(9)(C)(i)(I) of the Act, it renders inadmissible those aliens who were previously unlawfully present in the United States for an aggregate period of more than one year who enter or attempt to re-enter the United States without being admitted. These aliens are permanently inadmissible, however, after they have been outside the United States for at least 10 years, they may seek consent to reapply for admission from the Attorney General.
    Should he tell them about the prior visits in order to avoid the bar or leave it alone because it will cause more trouble for him.


    Thanks,Jainie

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