Announcement

Collapse
No announcement yet.

INA 212 (a)(6)(A)(i) ineligible under 245(i) ?

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • INA 212 (a)(6)(A)(i) ineligible under 245(i) ?

    My wife got voluntary departure and left timely. My wife reentered the country with out inspection. We filed for adjustment under 245(i), the application is denied. USCIS sent the denial saying that she is inadmissible under INA 212 (a)(6)(A)(i). I will appreciate any suggestion.

  • #2
    My wife got voluntary departure and left timely. My wife reentered the country with out inspection. We filed for adjustment under 245(i), the application is denied. USCIS sent the denial saying that she is inadmissible under INA 212 (a)(6)(A)(i). I will appreciate any suggestion.

    Comment


    • #3
      Send her back where she came from. You asked for suggestion, this is an excellent one.
      If Democrats Had Any Brains, They'd Be Republicans

      Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mariaguadalupe:
        My wife got voluntary departure and left timely. My wife reentered the country with out inspection. We filed for adjustment under 245(i), the application is denied. USCIS sent the denial saying that she is inadmissible under INA 212 (a)(6)(A)(i). I will appreciate any suggestion. </div></BLOCKQUOTE>
        Because your spouse entered into the United States without inspection, she is ineligible for adjustment of status. She will have to return to her home country and may be subject to the 3 year or 10 year ban. You would also have to file the I-601 to lift the ban based on hardship.

        click here for more info.
        "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

        Comment


        • #5
          EWIs (entered without inspection) are eligible to adjust status under 245(i) if they qualify. What is the time line?

          Comment


          • #6
            • She entered the country on January 08, 1993.
            • On December 1998 granted voluntary departure.
            • She left on April 07, 1999.
            • She reentry the country on May 25, 1999

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mariaguadalupe:
              • She entered the country on January 08, 1993.
              • On December 1998 granted voluntary departure.
              • She left on April 07, 1999.
              • She reentry the country on May 25, 1999 </div></BLOCKQUOTE>


              Hello Mari

              If you are the usc and were married to wife,
              Did you file a I-130 (petition for relative) on or before april 30, 2001? This would have her covered under 245I to be eligible to file adjustment of status filing I-485A supplement . $1000


              Was first time she entered country.. was it EWI too?

              Comment


              • #8
                I am a US citizen, I filed for my wife on May 14, 2001. In both ocasions with out inspection she entered the country.
                Thanks

                Comment


                • #9
                  EWI has 10 year bar.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mariaguadalupe:
                    I am a US citizen, I filed for my wife on May 14, 2001. In both ocasions with out inspection she entered the country.
                    Thanks </div></BLOCKQUOTE>

                    Why did you not file before the deadline?

                    2nd EWI:

                    it is a federal crime to enter the country without inspection (EWI, USC 8 1325). A first offense can bring a fine and/or up to six months followed with deportation. A second offense (a felony) can bring up to two years and/or fine and then deportation. Thus, illegal immigration is a federal crime and a civil offense, with two separate courts.

                    Comment


                    • #11
                      One more thing mari


                      Your wife will have to return to home country as the adjustment has been denied.

                      Now you must be careful that ICE will not pick her up because now they know where you live.

                      Were you advised by an attorney in this matter? Did he explain to you about hardship waivers? The first time that she left for the EWI, why did you not pursue the waiver issue then?

                      Do you have childern together?

                      Comment


                      • #12
                        That is the exclusion charge for fraud. You are looking at a lifetime ban.

                        Comment


                        • #13
                          thank goodness...who needs more lowlife border jumping cows in America?

                          Comment


                          • #14
                            yes, it looks like you missed the deadline to benefit from 245(i).

                            An EWI after prior violation of immigration laws can mean life time bar from USA. However, laws changed in 1997, and what happened before April (I think) 1997 is treated differently then nowdays.

                            Now, your wife can't adjust status in USA (unless May 14, 2001 is a date USCIS received petition, not the date you mailed it) and whether there will be more severe consequences than 10 year bar depends on events in 1997/1998: like when was determined that she was illegal? Before or after April 1998? meaning was the first illegal stay under the new laws a year and more or less?

                            This is something you need to discuss with a good lawyer who will look into the laws before and after 1997.

                            Comment

                            Sorry, you are not authorized to view this page

                            Home Page

                            Immigration Daily

                            Archives

                            Processing times

                            Immigration forms

                            Discussion board

                            Resources

                            Blogs

                            Twitter feed

                            Immigrant Nation

                            Attorney2Attorney

                            CLE Workshops

                            Immigration books

                            Advertise on ILW

                            EB-5

                            移民日报

                            About ILW.COM

                            Connect to us

                            Questions/Comments

                            SUBSCRIBE

                            Immigration Daily



                            Working...
                            X