Hey, you will apply for the waiver after the immigrant attends the interview at the consulate and the officer finds him/her inadmissible.

If the 5-year bar due to expedited removal order has expired, no Consent to Reapply is needed for INA 212(a)(9) inadmissibility. Unless there is an INA 212(a)(6)(C) charge, a separate 212(d)(3) nonimmigrant waiver is not required. Even when there are no INA 212 inadmissibility bars, however, the U.S. Embassy may still deny a B1/B2 visitor visa under INA 214(b), i.e. failure to overcome presumption of immigrant intent. In your situation, you can expect tougher scrutiny regarding the true purpose of your visit when you apply for the visitor visa or when you present a visitor visa for admission to the United States. The US Embassy and U.S. Customs & Border Protection have to be convinced that circumstances have changed sufficiently. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

The expedited removal process was created in 1996 for US border officers to refuse entry and deport persons at the U.S. port of entry, based on a finding of lack of proper visa/travel documents and/or a finding of finding of fraud or willful misrepresentation to gain US immigration benefits. It has expanded over time. An unlawful re-entry to the U.S. without proper inspection and admission, following an expedited removal order, on or after April 1, 1997, triggers the 212(a)(9)(C) bar. When this bar applies, the person needs a Consent to Reapply for Admission (Form I-212 approval) to receive an immigrant visa. He must wait outside the U.S. for 10 years to become eligible to file for the CTR to overcome the 9C bar. You may file a FOIA request with U.S. Customs & Border Protection to verify if any expedited removal order was issued. In some cases, a person is just refused entry. In other cases, an actual ERO is issued. Unfortunately, a FOIA response is not always 100% accurate. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Accrual of unlawful presence in the U.S. lasting 1 year or more triggers a 10-year bar to re-entry under INA 212(a)(9)(B). After the 10-year bar expires, a Form I-601 immigrant waiver is no longer needed for this inadmissibility ground. Your parents must still disclose the overstay in the DS-260 visa application form. In some cases, a U.S. consular officer may question the applicants about their intentions when they came to the United States. If the applicants planned to overstay, work in the United States, or otherwise violate their status, this may subject them to a permanent bar under INA 212(a)(6)(C)(i) (fraud or willful misrepresentation of material fact to obtain U.S. immigration benefits). The U.S. Consulate will have to be convinced that the applicants had good faith intent to engage in activities that were consistent with the terms and conditions of the visa. Otherwise, a 6ci bar requires a Form I-601/INA 212(i) waiver, which is available only to applicants with a U.S. citizen or permanent resident spouse or parent who will face extreme hardship if they are not admitted to the U.S. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Did your parents manage to go through the immigrant visa?

@@Dyanwilliamslaw mam can I ask a question. I mess up w my k1 visa and I willfully submitted the fraud or misrepresentation of my documents and the consulate give me a letter of permission to apply the waiver I-212f to be eligible for spousal. Is there any chance for us to be approved for this waiver after my fience and got married?

For K-1 visa applicants or immigrant visa applicants, the I-601/INA 212(i) waiver is required to overcome an INA 212(a)(6)(C)(i) bar due to a finding of fraud or willful misrepresentation of material fact to obtain US immigration benefits. To obtain the waiver, the person must have a US citizen spouse/fiance, permanent resident spouse, or US citizen or permanent resident parent who will face extreme hardship if she is not admitted to the US. NOTE: The Consent to Reapply for Admission (Form I-212) does not apply in this situation. You need to consult a qualified US immigration attorney to assess the merits of your case. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

I went into the USA in 2009 (with my Peruvian passport) when I was 21 years old and left the country by my own choice in 2011 and immigrated into the Netherlands and in 2016 became a Dutch citizen so I applied for a visa so I can visit my family (they're all citizens at that moment) but when I went to Immigration I find out that I have been banned from 2011 until 2021 so now I like to visit them (my all family) but I'm sure what form should I fill in? Because I left the United States by my own choice because I never felt part of this country and never was convicted or arrested. Now I live in the Netherlands and I finally decided to visit my family.

An illegal re-entry to the U.S. without proper admission on or after April 1, 1997 -- following a removal order or following accrual of more than one year of unlawful presence in the U.S. on or after April 1, 1997 -- subjects you to a permanent bar under INA 212(a)(9)(C). Ineffective counsel or lack of advice from your lawyer does not spare you from the permanent bar. When the (9)(C) bar applies, the person must wait outside the U.S. for at least 10 years from the date of last departure to file for a Consent to Reapply for Admission. The CTR is not a stand-alone application for relief and must normally be connected to a request for a visa, for which you are otherwise eligible. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Marijuana is still a controlled substance under US federal law, which governs US immigration issues. Section 212(a)(2)(A) (i)(II) of the U.S. Immigration & Nationality Act (INA) states a person is inadmissible to the U.S. if he violated (or conspired or attempted to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, as defined in section 802 of Title 21 (U.S. federal law). To be subject to this permanent bar, the person must be convicted of or admit to the essential elements of a controlled substance violation. The Form I-601/I-212(h) Immigrant waiver of this permanent bar is available only when the intended immigrant has one controlled substance violation involving simple possession of 30 grams or less of marijuana (or an equivalent amount of hashish). See: When do you need an I-601 Waiver due to criminal grounds (and how do you get it)? dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/. The 212(d)(3) Nonimmigrant waiver of this permanent bar is available for all controlled substance violations. It requires the applicant to show rehabilitation from the US immigration violation/criminal offense, legitimate reasons for seeking a temporary visit to the United States, and no risk of harm to US public interests. See 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? dyanwilliamslaw.com/2017/04/212d3-nonimmigrant-waiver-when-do-you-need-it-and-how-do-you-get-it/ Section 212(a)(9)(A)(ii) of the INA states a person is inadmissible to U.S. if he was convicted of an aggravated felony. Section 101(a)(43) of the Immigration and Nationality Act lists controlled substance trafficking an aggravated felony offense. The Form I-212/Consent to Reapply for Admission is required to receive any visa or admission when you have this bar. It requires the applicant to show the favorable factors outweigh the unfavorable factors. See When do you need an I-212 Waiver (and how do you get it)? dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/ Under current law, you are not eligible for permanent residence in the United States, even with an approved family-based immigrant petition filed on your behalf. The Form I-601/INA 212(h) immigrant waiver is available in only one very limited situation, which does not apply in your case. While you may seek a Consent to Reapply for Admission and 212(d)(3) waiver with a visitor visa application, the decision on whether to grant the requested relief is very discretionary. You must show rehabilitation, significant changes in circumstances, strong ties abroad and other positive factors to be considered favorably for temporary stays in the U.S. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Has your i212 waiver been approved yet? When did you file? I filled mine july 2022, and still nothing.

It is unclear what "paper" mentioned your father needs to apply for admission, and what you mean by "admission." An I-212 is needed if the person has a bar under INA 212(a)(9)(A)(removal order or aggravated felony conviction) or 212(a)(9)(C) (illegal re-entry or attempted illegal re-entry following removal order, or following accrual of unlawful presence lasting more than 1 year). See dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/. The I-601 is for other types of inadmissibility, such as INA 212(a)(9)(B)(3/10 year bar due to accrual of unlawful presence lasting more than 180 days ), INA 212(a)(6)(C)(i)(fraud or willful misrepresentation of material fact to obtain US immigration benefit), and INA 212(a)(2)(A)(certain criminal offenses). You must consult an experienced US immigration attorney to verify whether your father is subject to any inadmissibility bars and what waiver he needs (if any). This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Can I get some assistance from you on requesting a foia ?

An Aggravated Felony conviction is a permanent bar under INA 212(a)(9)(A)(ii). When this inadmissibility ground applies, the person may not receive any admission or visa to enter the United States. A Consent to Reapply for Admission must be received to allow entry and visa issuance. See dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/. A CTR (I-212 waiver) is not a travel document or a stand-alone application for relief. The person must otherwise qualify for the appropriate visa. In addition, certain criminal offenses make the person permanently inadmissible under another ground, INA 212(a)(2). Some criminal offenses (such as controlled substance violations, other than simple possession of 30 grams or less of marijuana) may not be waived with a Form I-601/INA 212(h) waiver. See dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/ A US citizen may file a Form I-130 immigrant petition for her spouse in the Immediate Relatives category. To get the immigrant visa, however, the beneficiary, must be admissible to the United States or qualify for the appropriate waiver of inadmissibility grounds. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

A removal order by an Immigration Judge carries a 10-year bar under INA 212(a)(9)(A)(ii). If the 10-year bar has yet to expire, no visa or admission will be granted unless the person receives a Consent to Reapply (commonly known as I-212 waiver). If "voluntary departure" was granted instead by the Immigration Judge, and the person timely departed within the voluntary departure period, there is no 10-year. Certain criminal offenses make the person inadmissible under INA 212(a)(2), which require another waiver, e.g. 212(d)(3) nonimmigrant waiver (if person seeks to re-enter U.S. on a nonimmigrant visa) or I-601/INA 212(h) immigrant waiver (if person seeks to re-enter U.S. on an immigrant visa. For general information, see 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? (bit.ly/2MTo36b) and When do you need an I-601 Waiver due to criminal grounds (and how do you get it)? bit.ly/38ja3dA. Whether you need to complete or file a Form I-212, Form I-601 or I-192 depends on the facts and circumstances of your case, the reasons you were placed in removal proceedings, your criminal offense, the type of visa or entry you seek, which agency will decide on your application, etc. A waiver is not a stand-alone application for relief. The person must otherwise qualify for the appropriate visa for lawful admission to the U.S. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

A 212(a)(9)(A)(ii) bar means the person may not receive a visa or be admitted to the U.S. unless 10 years have passed from the date of departure. The exception is if a Consent to Reapply for Admission (commonly called I-212 waiver) is granted. When the bar no longer applies, no CTR is required. But the U.S. Embassy may still deny the visitor visa application under INA 214(b)(failure to overcome presumption of immigrant intent). This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

I am ban 5years revoked my visitor visa 212 (6)(i)(II) 212 (7) (i)(II) accusing me . Can i file waiver what type of waiver will do? Any chances?

Under INA 212(a)(9)(A)(i), if the 5-year bar to re-entry due to expedited removal order has yet to expire, a person must receive a Consent to Reapply for Admission before any visa may be issued. After the 5 years have passed, there is no need for a CTR for this inadmissibility ground. The other inadmissibility bar, INA 212(a)(6)(C)(i), is permanent. When this bar applies, a 212(d)(3) waiver is required for nonimmigrants and a Form I-601/INA 212(i) waiver is required for immigrants. See dyanwilliamslaw.com/2017/04/212d3-nonimmigrant-waiver-when-do-you-need-it-and-how-do-you-get-it/ and dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-immigration-fraud-or-misrepresentation-and-how-do-you-get-it/. Furthermore, the person must meet the eligibility requirements for the visa itself. Visitor visa applicants, for example, must show they have strong ties abroad that will compel a timely departure from the U.S. If the US Consulate determines they did not overcome the presumption of immigrant intent under INA 214(b), it will not consider the visitor visa applicant for a CTR or 212(d)(3) waiver. An expedited removal order and 6ci finding make it much more difficult to meet the 214(b) requirement. Significant passage of time and positive changes in circumstances are necessary. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Accrual of unlawful presence in the U.S. lasting more than 1 year subjects the person to a 10-year bar to re-entry under INA 212(a)(9)(B). The bar to re-entry if 3 years if the unlawful presence was more than 180 days to less than 1 year. If the person waits outside the United States for 10 years, the 3/10 year unlawful presence bar under INA 212(a)(9)(B) will run concurrently and expire at the end of the wait. In this situation, a person does not need an I-601 waiver to be excused from the 3/10 year bar. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

@@Dyanwilliamslaw Thank you for confirming. My lawyer had already assured me I don't need the 601. But after spending 13 years of my life in Mexico, I don't trust any single opinion anymore

Hello We are on k1 as well and my fiance was asked for pardon 212 May 4th of this year. I don't think the pardon can be submitted until you are told to get one.

Under INA 212(a)(9)(A)(i), a person is barred for 5 years from the date of departure if she was issued an expedited removal order. If more than 5 years have passed, a Consent to Reapply for Admission (Form I-212 approval) is no longer needed for this specific inadmissibility bar. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Every application is different. Preparing a compelling case depends on your inadmissibility grounds, why you need the waiver, the type of visa or entry you seek for admission to the U.S., and the particular facts and circumstances in your case. You may read the Form I-212 instructions to get a sense of the favorable factors and unfavorable factors that the adjudicators consider. You should at least complete a consultation with an experienced U.S. immigration attorney even if you cannot afford representation.

@@Dyanwilliamslaw hi

In Immigrant Visa cases, the National Visa Center (NVC) will work with the US Embassy to schedule a visa interview appointment. If you already completed an initial interview, the US Consulate might need to call you back in for a follow-up interview and give you further instructions, following the waiver approval. USCIS is supposed to notify the Embassy of the waiver approvals. In some cases, the applicant has to follow up with the Consulate to inquire on next steps. This could involve filing an updated DS-260 visa application, completing a new medical exam, and submitting more recent evidence of financial support - due to passage of time. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

The I-824, I-212 and I-601 are filed with USCIS, not NVC. (The NVC is part of the U.S. Department of State and handles the preliminary processing of immigrant visa requests.) An I-824 is to request USCIS take action on a previously approved petition, such as sending it to NVC. Immigrant Visa applicants who need both an I-212 and I-601 file the applications concurrently with USCIS -- normally after you have attended your visa interview at a U.S. Consulate and the consular officer has informed you of the inadmissibility bars. Under current instructions, the I-212 and I-601 are filed with the USCIS Phoenix lockbox and the USCIS Nebraska Service Center makes the decision. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Hey J Mendy, l also have similar deportation history from Germany. And l was wondering how it might impact my visa application for US or Australia. Due to some health problems l was not able to complete my study on time and l was deported. Was extension of the study was the case for you when you were missing the semester?

The I-212 is not a stand-alone application for relief that provides any U.S. immigration status. It is for persons who are applying for an appropriate visa (immigrant or nonimmigrant), but are inadmissible to the United States under INA 212(a)(9)(A) or (C). The Consent to Reapply allows the US Embassy to issue a visa despite the bar. If you have an asylum application pending before USCIS or before an Immigration Court, you will need to attend your interview or hearing to be considered for the relief. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Assuming you have all the appropriate waivers for all your inadmissibility grounds, you should not be prohibited from receiving a visa at the US Consulate. At the interview, however, the consular officer may question you further to determine whether there are additional inadmissibility bars that were not covered by the waivers, e.g. INA 212(a)(6)(C)(i)(fraud or willful misrepresentation to receive US immigration benefit), INA 212(a)(6)(C)(ii)(false claim to US citizenship to gain a benefit under immigration, state or federal law), or INA 212(a)(2)(A)(certain criminal records). If your case has been thoroughly reviewed and all necessary waivers have been applied for and received, you generally should be able to receive the visa. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Flat fee. See dyanwilliamslaw.com/fee-arrangements/

If your spouse has a 5-year bar (due to expedited removal order), and he has remained outside the US since then for more than 5 years, the inadmissibility ground expires. In that case, there is no INA 212(a)(9)(A) bar. But you will need to consult with a U.S. immigration attorney to verify whether he has other inadmissibility bars that you might be overlooking. At the visa interview, the U.S. Consulate will verify admissibility issues and normally instructs the applicant to file for a waiver if one is available. If the inadmissibility grounds are verified and known ahead of time, the applicant may start the waiver application process before the visa interview. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

@@Dyanwilliamslaw Good Day Thank you for your response. It is greatly appreciated. I started a petition for my husband over two years ago, we are still waiting for his interview & I am a US Citizen we have two young sons together. It takes over 3 months to communicate with the NVC. I guess all we can do is wait although it is causing us great distress. I understand many families are in the same situation. Extremely sad & inhumane in my opinion. There is no help from the NVC what so ever. They are just asking us for documents that have already been accepted which is causing more delays to our case. I cannot thank you enough for your response. Bless you!

Due to the high volume of inquiries we receive daily, we do not respond to every single one. It's not clear how you tried to contact me. The easiest way to get a response is to send an email to info@dyanwilliamslaw.com with a basic description of your case. This will help us determine whether a consultation is appropriate. We provide consultations and representation in specific areas of U.S. immigration law. See dyanwilliamslaw.com/u-s-immigration-citizenship/

A person with an aggravated felony conviction is not eligible to use the Visa Waiver/ESTA program, even if they are a national of a country that is part of this program. A person who is inadmissible under INA section 212(a)(9)(A)(ii) (due to aggravated felony conviction) must first receive a Consent to Reapply for Admission before a visitor visa may be issued to him. In addition, the US Consulate/Embassy must find the person otherwise qualifies for the visa before the CTR is recommended and forwarded to the DHS/CBP-ARO for a review and decision of a CTR request. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case.

If you have a 10-year bar due to accrual of unlawful presence lasting 1 year or more (prior to departure from the U.S.), you will not get a Diversity Immigrant Visa without a Form I-601/INA 212(a)(9)(B)(v) waiver. You must have a qualifying relative - US citizen or permanent resident spouse - who will face extreme hardship if you are not admitted to the U.S. Your wife will not become a permanent resident until she arrives in the US with the DV visa and is lawfully admitted. You are not eligible for the I-601 waiver until your wife is a permanent resident. Because the DV has time restrictions, it is likely that your wife will first have to become a green card holder and then file an I-130 immigrant petition for you in the F2A category. Following I-130 approval, you may then apply for a spousal Immigrant Visa and the Form I-601 waiver to be excused from the unlawful presence bar. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Halo pak suwito . Sy nanya nih .... Sy dulu pernah overstayed 2 tahun di 2002-2004. Sekarang tahun 2022 ini sy mau apply visa lagi untuk visa turis . Apakah bisa di approve ya pak ?? Terimakasih untuk jawaban nya 🙏🏻🙏🏻🙏🏻

Sudah bisa pak. Krn sudah melewati 10 thun bar.

@@wiitwiit baik pak , Terimakasih . Saya mendapat energi positif dari anda . God bless you

You first need to confirm whether you are really subject to the 10-year bar. In general, F1 students admitted in Duration of Status do not accrue unlawful presence toward the 3/10 year bar, unless there is an official finding of a status violation by USCIS or Immigration Judge prior to departure. When a person is truly inadmissible due to the 3/10 year bar, he needs a qualifying relative (US citizen or permanent resident spouse or parent) who will face extreme hardship if he is admitted to the U.S., to be eligible for a Form I-601 waiver. Your spouse, for example, must first become a permanent resident for you to have a qualifying relative to file a Form I-601. This requires her to land in the US with a Diversity Visa and be admitted as a permanent resident. There is a time restriction on getting the DV visa to follow to join the principal applicant. In the alternative, a permanent resident may file a family-based I-130 immigrant petition for a spouse in the F2A category. If the spouse has a 3/10-year bar, he must wait for it to expire or he must file for and receive the I-601 waiver for an immigrant visa to be issued. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Section 212(a)(7)(A)(i)(I) means you were found to have immigrant intent without the proper visa or travel document. If you were issued an expedited removal order at the U.S. port of entry, this creates a 5-year bar to re-entry under INA 212(a)(9)(A)(i). When this bar applies, the person must wait for the 5-year bar to expire OR receive a Consent to Reapply before any visa may be issued. Even if no section 212 inadmissibility ground exists, a person may be denied a C1D visa or B1/B2 visitor visa under the catch-all provision of INA 214(b)(failure to overcome presumption of immigrant intent). A 212(a)(7)(A)(i) finding makes it harder to meet the INA 214(b) requirement. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

A K-1 visa may not be issued if the 5-year bar under INA 212(a)(9)(A) has not yet expired or you do not have a Consent to Reapply (Form I-212 approval). If you do not want to wait out the bar, you have first get an I-212 approval from USCIS before the US Embassy may grant the visa. You should at least consult with an experienced US immigration attorney even if you do not end up hiring one for your case. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

You stated you have a 10-year bar, but did not specify whether this is due to a removal order by an Immigration Judge - which leads to INA 212(a)(9)(A) inadmissibility - or due to accrual of unlawful presence lasting 1 year or more - which leads to INA 212(a)(9)(B) inadmissibility. A person who is barred under INA 212(a)(9)(A) must receive a Consent to Reapply for Admission before any visa may be issued to him. This requires the applicant to prove the favorable factors outweigh the negative factors. Meanwhile, a person who is barred under INA 212(a)(9)(B) must receive a Form I-601/INA 212(a)(9)(B)(v) waiver before an Immigrant Visa may be issued to him. This requires the applicant to prove he has a US citizen or permanent resident spouse or parent who will face extreme hardship if he is not admitted to the US as a permanent resident. A U.S. citizen child is not a qualifying relative for I-601 purposes. The Consent to Reapply and Form I-601 waiver are not travel documents and are not stand-alone applications for relief. A consultation with a US immigration attorney is needed to assess your eligibility for an appropriate visa, e.g. immigrant visa based on I-130 family-based petition, B1/B2 visitor visa. Humanitarian Parole is for persons who have a compelling emergency and have urgent humanitarian reasons to enter the U.S. for a temporary period. It is not meant to avoid normal visa-issuing procedures or to bypass immigration procedures. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to request a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

A drug conviction is a permanent bar under INA 212(a)(2)(A) (i)(II) and does not expire under current law. See dyanwilliamslaw.com/2015/09/immigration-consequences-of-criminal-offenses-myths-facts. There is an I-601/INA 212(h) immigrant waiver for certain persons who have just one controlled substance violation involving simple possession of 30 grams or less of marijuana. See dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/. There is a 212(d)(3) nonimmigrant waiver for all drug offenses. dyanwilliamslaw.com/2016/03/212d3a-nonimmigrant-waiver-advantages-and-disadvantages/ A waiver is not a stand-alone relief that provides travel authorization. Even if you are eligible for an I-601/INA 212(h) immigrant waiver or 212(d)(3) nonimmigrant waiver, you must otherwise be eligible for the appropriate visa. For example, the U.S. Embassy will not recommend a 212(d)(3) waiver if it determines a visitor visa applicant does not meet the INA 214(b)(nonimmigrant intent) requirement. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Without knowing the facts of your case, I will not comment on whether you in particular may file for an I-212 or I-601A provisional waiver. A person who seeks to immigrate to the United States will need a Form I-212 approval if they are barred under INA 212(a)(9)(A), due to a removal order. If the person is in the U.S., the I-212 may be granted on a conditional basis if USCIS finds he is eligible for the relief and the favorable factors outweigh the unfavorable factors. The condition is that that person must depart the United States to apply for the Immigrant Visa. If the person is also inadmissible due to 3/10 year unlawful presence bar, he will also have to apply for and obtain an I-601A waiver. See I-601 waiver or I-601A waiver for unlawful presence? dyanwilliamslaw.com/2016/02/i-601-waiver-or-i-601a-waiver-unlawful-presence/ This response includes GENERAL INFORMATION, not legal advice. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not always respond to KZfaq comments. See dyanwilliamslaw.com/contact/. Please talk to a qualified immigration lawyer about your questions and concerns in a private forum.

Where you file the I-212 depends on whether the applicant is seeking an immigrant visa or nonimmigrant visa, and other factors. In some cases, an official Form I-212 and filing fee are not required, such as when the person is applying for a visitor visa at the US Consulate. In other cases, an official Form I-212 and filing fee must be submitted to USCIS, such as when a person is applying for an immigrant visa at the US Consulate. In all cases, the CTR/I-212 applicant should submit documentary evidence and information showing the favorable factors outweigh the negative factors. See dyanwilliamslaw.com/2015/10/when-do-you-need-an-i-212-waiver-and-how-do-you-get-it/ This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

Thank you for inquiry. We do not respond to every KZfaq comment or question. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com with a basic description of your case. This will help us determine whether a consultation is appropriate. See dyanwilliamslaw.com/contact/. We provide consultations and representation in specific areas of U.S. immigration. See dyanwilliamslaw.com/u-s-immigration-citizenship/

This federal regulation gives immigration officers authority to revoke a visa. For example, a CBP officer may cancel the visa at the U.S. port of entry when it determines the person is inadmissible to the U.S. and issues an expedited removal order or allows the person to withdraw the application for admission. You must consult with a U.S. immigration attorney to discuss the effects on a future visa application or request for entry. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

What you did

USCIS is not an advocate for applicants and does not provide legal advice. The most they do is point you to forms and instructions on their website, without assessing the person's eligibility for U.S. immigration benefits. If they give inaccurate information or guidance, they will not be held responsible the way lawyers are. Lawyers are bound by the rules of professional conduct and are subject to discipline like admonition, suspension and disbarment for ethics violations. You must do your research to find a reputable attorney who has the expertise, experience and interest to provide good counsel. See Why hire an immigration lawyer? dyanwilliamslaw.com/2016/11/why-hire-an-immigration-lawyer/ and 5 Benefits of Having Immigration Counsel at Your In-Person Interview with USCIS. dyanwilliamslaw.com/2018/01/5-benefits-of-having-immigration-counsel-at-in-person-interview-with-uscis/

@@Dyanwilliamslaw Thank you for the response but we all know the system is rigged. Immigration is a business and yes USCIS falls short with what should be their responsibility. Lawyers maybe be disciplined but that system is also flawed. Look at the big lie about Biden and all those attorney's lying and many not be discipline because of politics. It's not what you know it's who you know. Who has time for legal battles when you're trying to survive. Legal advise is a term used to disguise what should be accurate guidance available to the public for free. We pay those justices to render those decisions The rules should be adjusted according to those legal decisions with clear guidance for USCIS if the system wasn't so corrupt. Agreed homework is the only way, sad we can't be more like a united community helping one another with all the details.

An illegal re-entry to the U.S. without proper admission -- following a removal order -- subjects you to a permanent bar under INA 212(a)(9)(C). When this bar applies, the person needs a Consent to Reapply for Admission (Form I-212 approval) to receive an Immigrant Visa. The person has to be physically outside the United States for at least 10 years since the date of last departure to file for the CTR. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

@@Dyanwilliamslaw ok thank you for your answer but what happens if You file mywaiver i212 before the 10 years

A U.S. citizen or permanent resident may file an I-130 immigrant petition for a spouse to apply for an Immigrant Visa. If the visa applicant is inadmissible under INA 212(a)(9)(A) due to a removal order by an Immigration Court or by U.S. Customs & Border Protection, a Consent to Reapply for Admission (Form I-212 approval) is needed for Immigrant Visa issuance. If the applicant has a 3/10 year unlawful presence bar due to accrual of unlawful presence in the United States lasting more than 180 days prior to her departure, a Form I-601/INA 212(a)(9)(B)(v) waiver is required for Immigrant Visa issuance. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

If you have a removal (deportation) order with aggravated felony conviction, you have a permanent bar under INA 212(a)(9)(A)(ii). A crime-related bar requires an additional waiver, either I-601 immigrant waiver or 212(d)(3) nonimmigrant waiver, depending on the type of U.S. visa or admission you seek. You also have to be otherwise eligible for an appropriate U.S. visa for admission to the U.S. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to provide more details on your case and to inquire on the consultation process. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

A removal order by an Immigration Judge creates a 10-year bar to re-entry under INA 212(a)(9)(A)(ii). Until this bar expires, a Consent to Reapply for Admission is needed to get any visa or admission to the U.S. Certain criminal offenses make the person permanently inadmissible to the United States under INA 212(a)(2). There is a 212(d)(3) nonimmigrant waiver and a Form I-601/INA 212(h) immigrant waiver for eligible applicants with crime-related inadmissibility. Being charged with marriage fraud creates a permanent bar under INA 212(a)(6)(C)(i). There is a 212(d)(3) nonimmigrant waiver and a Form I-601/INA 212((i) immigrant waiver for eligible applicants with (6)(C)(i) bars. INA 204(c) further prohibits USCIS from approving any subsequent petitions (e.g. I-130 and I-140) for the beneficiary who was charged with marriage fraud. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. US immigration laws, rules, regulations and policies are subject to change. If you need to discuss your case further, you may send a direct email to info@dyanwilliamslaw.com to schedule a consultation. We do not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

An expedited removal order by the U.S. Customs & Border Protection carries a 5-year bar to reentry under INA 212(a)(9)(A). If the bar has yet to expire (i.e. you have NOT been outside the U.S. for 5 years or more), you need a Consent to Reapply (I-212 waiver) to receive any visa or lawful admission to the United States. Otherwise, you may wait for the 5 years to pass before you apply for a new visa , at which you point you will no longer need a CTR to be excused from the INA 212(a)(9)(A) bar. The CTR is not a stand-along application for relief or a travel document. The type of visa you seek determines where and when to apply for the waiver and the documentary evidence to submit. You must also qualify for the visa itself, regardless of whether you have an inadmissibility ground that requires a waiver. For example, if you want a B1/B2 visitor visa for temporary stays, you need to have strong ties abroad to show you have nonimmigrant intent and will timely depart the U.S. (and not violate immigration rules, such as work without authorization). If you want to immigrate to the U.S. to live with your husband, he needs to be a U.S. citizen or permanent resident to file an I-130 immigrant petition for you. An approved I-130 will then allow you to apply for a spousal Immigrant Visa at the U.S. Consulate. Please watch my CTR/I-212 video, which provides general answers on frequently asked questions about the waiver. For more information, see Immigrant Visa Process: Delays and Setbacks (bit.ly/37TDCTc), 2019 Public Charge Rule: 3 Key Changes (dyanwilliamslaw.com/2019/08/public-charge-inadmissibility/), and Changes to the Visa Bulletin: Understanding the Two Filing Charts (bit.ly/37V5pT6). Also see Common Reasons for Visa Refusal or Visa Denial (bit.ly/3rR5KhG) and B-2 Visitor Visa: Traveling to the U.S. for Tourism or a Temporary Visit (bit.ly/3neuvRx). This response includes GENERAL INFORMATION, not legal advice. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

My case is similar. I was denied entry because they assume I was going to work and got 5 years bar. I'm. Also married to a US citizen and we have a 9 months old and a baby on the way. Trying to explore our options so I can re-enter. God's willing

@@Dyanwilliamslaw hello in my case i was honest with the officer i said i worked in 2019. One month ago the officer revoked my Visa B1B2 and 5 years inadmissible.i let the officer know I was working with a cruise line.and for that I need C1D visa. He say I can go with the letter of employment, the expedient he made me ,contact. And be honest with the consul . Is it true? I

A deportation due to aggravated felony conviction is a permanent bar under INA 212(a)(9)(A). You will need a Consent to Reapply (commonly known as I-212 waiver) to receive any visa or lawful admission to the U.S. You might also need a separate Form I-601 waiver (if seeking entry as an immigrant) or a 212(d)(3) waiver (if seeking entry as a nonimmigrant) due to crime-related inadmissibility under INA 212(a)(2). In addition, you must otherwise qualify for the visa itself. For example, an adult U.S. citizen son (age 21 or older) may file an I-130 immigrant petition for his mother to apply for an Immigrant Visa. See dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/ and dyanwilliamslaw.com/2016/03/212d3a-nonimmigrant-waiver-advantages-and-disadvantages/ I provided you a general response only. To schedule a consultation for further guidance, you may email me at info@dyanwilliamslaw.com. KZfaq is not the proper forum to get specific advice on an immigration problem.

@@Dyanwilliamslaw thankyou very much for the inf ,

You seem to be asking whether you may travel to Singapore as a tourist. Singapore and every other country have its own immigration laws, regulations, rules, and policies. The 5-year bar due to expedited removal order is a bar to entry to the United States. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case.

If a person in the U.S. is ineligible for Form I-485 adjustment of status, she must use consular processing to become a permanent resident through a family-based petition. An Immigrant Visa applicant is required to attend the visa interview at the U.S. Consulate abroad. Interviews are done in person; they are not waived and are not done by telephone. Immigrant Visa applicants must also complete a medical examination with a designated physician abroad. If you accrued more than 180 days of unlawful presence in the U.S., you will trigger a 3/10 year bar to re-entry upon departure. Until the 3/10 year bar expires, you need an I-601A waiver to receive the Immigrant Visa and admission as a permanent resident. An I-601A approval excuses you from the 3/10 year bar. If you have other inadmissibility grounds, an I-601A approval is not enough and is subject to revocation. You may file the Form I-601A, Application for Provisional Waiver, with USCIS only AFTER you have paid the Immigrant Visa processing fee. You may pay the Immigrant Visa fee only AFTER the U.S. Department of State (DOS) instructs you to do so, which occurs when a visa number becomes available. The F2B category has a backlog, as shown in the DOS' monthly Visa Bulletin. The current/December 2020 Visa Bulletin shows your Priority Date of March 2018 is not yet current. You will likely have to wait several years to receive DOS instructions to apply for the visa. By that time, the COVID-19 situation will change. This response includes GENERAL INFORMATION, not legal advice. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not always respond to KZfaq comments. See dyanwilliamslaw.com/contact/. Otherwise, please talk to your lawyer directly about your questions and concerns.

What about section 212 a6cii..is their a waiver

@@jesuszamora4562 There is no I-601 IMMIGRANT waiver for INA 212(a)(6)(C)(ii), i.e. false claim to U.S. citizenship for any purpose or benefit under U.S. immigration, federal or state law. This includes falsely claiming to be a U.S. citizen to gain entry to the U.S. or to get a job in the U.S. If there are factual grounds or a legal basis to challenge the inadmissibility ground, you might be able to get the bar lifted through a motion to reconsider. See articles, When do you need an I-601 Waiver due to immigration fraud or misrepresentation (bit.ly/2KJGSI2) and Why Lying About Being a U.S. Citizen Can Stop You from Becoming a Permanent Resident (bit.ly/37UruRY). There is, a 212(d)(3) NONIMMIGRANT waiver for 212(a)(6)(ii) if you seek temporary admission to the U.S. See 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? (kzfaq.info/get/bejne/h9llepmE37vLqmg.html) and 212(d)(3)(A) Nonimmigrant Waiver: Advantages and Disadvantages (bit.ly/3rBJ1G9). This response includes GENERAL INFORMATION, not legal advice. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We do not always respond to KZfaq comments. See dyanwilliamslaw.com/contact/

Twenty-Year Bar : You have a 20-year bar on reentry from the date of your removal if you were ordered removed from the U.S. more than once, whether as an arriving alien or not. [INA section 212(a)(9)(A)(ii)] Permanent Bar: You have a permanent bar on reentry from the date of your removal if: 1. You were convicted of an aggravated felony. [INA section 212(a)(9)(A)(ii)]. NOTE: For purposes of this permanent bar, it does not matter whether you have been convicted of an aggravated felony in or outside the United States, whether the conviction itself resulted in the removal order, or whether the conviction occurred prior to or after the removal order. 2. You reentered or attempted to reenter the U.S. illegally after you accrued more than one year (in the aggregate) of unlawful presence in the U.S. and left. [INA section 212(a)(9)(C)(i)(I).]; or 3. You reentered or attempted to reenter the U.S. illegally after you were ordered removed from the U.S. [INA section 212(a)(9)(C)(i)(II)]. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

A removal order by an Immigration Judge carries a 10-year bar under INA 212(a)(9)(A)(ii). This bar expires 10 years after the date of the person's removal, such that a Consent to Reapply (CTR) is no longer needed at that point. But if the person has a conviction for controlled substance trafficking (i.e. aggravated felony), he has a permanent bar under INA 212(a)(9)(A)(ii). This means he will need a CTR to get any visa or admission to the U.S. In addition, a person with any controlled substance violation -- including simple drug possession -- will need a separate waiver for crime-related inadmissibility under INA 212(a)(2)(A). For nonimmigrants such as B1/B2 visitor visa applicants, the 212(d)(3) nonimmigrant waiver is required. For immigrant visa applicants, the I-601/INA 212(h) immigrant waiver is required. Unless the controlled substance violation involved simple possession of 30 grams or less of marijuana, the I-601 waiver is not an option. If you are a U.S. citizen age 21 or older, you may file an I-130 petition for your father. But he has crime-related inadmissibility issues that will prohibit him from getting the Immigrant Visa -- unless he qualifies for and receives the necessary waivers. For more information, see: When do you need an I-601 Waiver due to criminal grounds (and how do you get it)? (bit.ly/3p3XGYZ) 212(d)(3)(A) Nonimmigrant Waiver: Advantages and Disadvantages (bit.ly/2XWPnT9) Immigrant Visa Process: Delays and Setbacks (bit.ly/2LTO1pN) B-2 Visitor Visa: Traveling to the U.S. for Tourism or a Temporary Visit (bit.ly/35ZE0hu) This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

@@Dyanwilliamslaw how do you "prove" that someone has been out of the country for those 10 yrs?

A 5-year bar under INA 212(a)(9)(A)(i) means you are prohibited from entering the United States until the time period has passed. In the alternative, you must receive a Consent to Reapply for Admission to receive any visa or entry to the United States. An illegal entry to the U.S. and removal from the U.S. (especially when it's recent) are negative factors for the agency to consider in deciding whether to grant the CTR. Furthermore, you must otherwise be eligible for the appropriate visa to seek lawful entry to the U.S. This response includes GENERAL INFORMATION; it is neither legal advice nor an assessment of your situation. Do not rely solely on it to reach a particular conclusion or to take specific action in your case. If you need to discuss your case further, you may send a direct email to info@dyanwilliamlaw.com to schedule a consultation. We may not respond to every KZfaq comment. See dyanwilliamslaw.com/contact/

You may send an inquiry through the contact form on my website at dyanwilliamslaw.com or by email at info@dyanwilliamslaw.com. See dyanwilliamslaw.com/options/. If your case is outside our areas of emphasis, you might not receive a response due to the high volume of inquiries we receive daily.