Your affidavit should supplement the supporting evidence you have provided with your application. Item Numbers 3.a. Any other evidence that can establish why you should be granted permission or consent to reapply for admission to the United States. Such aliens must seek re-admission to the United States from abroad. Additional documents may be necessary depending on the specific case. Jacob always answered my questions, e-mails and calls; great customer service from him and everybody at his office. You must file Form I-212 from abroad before seeking admission to the United States if you are an: You may be subject to criminal prosecution and, if convicted, sentenced to prison under INA section 276, if you: If you are required to obtain consent to reapply for admission and you return to the United States without formal consent, you may face legal consequences. The following is a list of some supporting documents that should be included in the I-212 waiver request. -Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) …(ii) Other aliens. This 10-year bar is required regardless of whether you have an immediate relative who is a United States citizen. [INA section 212(a)(9)(A)(i)], You failed to timely depart the U.S. under an order of voluntary departure issued by an immigration judge, causing the voluntary departure to be converted to removal order. Individuals may be barred from seeking admission to the United States for five, ten, twenty years, or indefinitely. Police reports from countries where you lived; D. Complete court records regarding any arrests, charges, or convictions from any country; Evidence of rehabilitation, if applicable; Evidence that your admission to the United States would not be against national security or public safety; Evidence of hardship to you, your relatives, or other individuals that would result if you were denied admission to the United States; Documentation related to the impact of family separation; Documentation of the conditions in the country where your family would have to relocate if your Form I-212 was denied; and. Favorable factors may include, but are not limited to: Some unfavorable factors may include, but are not limited to: Evidence submitted in support of your application may include: Unlawful presence and previous immigration violations are complex issues that require careful analysis by an accredited immigration attorney who can navigate the law avoiding unnecessary family separation where possible. You reentered or attempted to reenter the U.S. illegally after you accrued more than one year of unlawful presence in the U.S. and left, or after you were ordered removed from the U.S. [INA section 212(a)(9)(C)]. The date you entered or attempted to reenter the United States without being admitted or paroled; The date of your last departure from the United States; and. That's good news on the approval of our 3 executive L1A visas. • ordered removed in an expedited removal proceeding by U.S. Customs & Border Protection (CBP) at a U.S. port of entry. [INA section 212(a)(9)(A)(ii)]. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Have departed the United States while an order of exclusion, deportation, or removal is outstanding; Enter or attempt to enter the United States; or, Are found in the United States unlawfully (including without consent to reapply for admission). Once 10 years have passed since your date of last departure you may file Form I-212 to seek consent to reapply for admission to the United States. Temporary Protective Status Has Been Granted to Citizens of Yemen. You may not return to the United States until your I-212 application has been filed with the Department of Homeland Security and is subsequently approved. You have had successive or several issues with the law. We look forward to his arrival to the US. Cloudflare Ray ID: 5f13f8bdfc63dc8d You’re at least 18 years old; You’re a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. He went to canada and spend 6 years there and came to the border to enter usa and they said he was on a 10 year bar and now is barred for 20 years. [INA section 212(a)(9)(A)(ii)] What is a 10 Years Bar? Welcome back to Visalawyerblog. Hardship to your relatives who are U.S. citizens or lawful permanent residents, or to yourself, or your employer in the United States; Evidence of reformation and rehabilitation; Length of lawful presence in the United States and your immigration status while you were lawfully present; Evidence of respect for law and order, good moral character, and family responsibilities or intent to hold family responsibilities; Absence of significant undesirable or negative factors; Eligibility for a waiver of other inadmissibility grounds; and. [INA section 212(a)(9)(A)(ii)], You left the U.S. while a removal order was outstanding. Having been ordered removed from the United States under any provision of the INA or any other provision of law before, on, or after April 1, 1997. The list includes but is not limited to the following items: Attach copies of all correspondence and documentation that you have relating to your deportation or removal proceedings and your removal from the United States (if applicable). There are several issues here. Evidence of family ties in the U.S., such as birth certificates and marriage certificates. We serve the following localities but not limited to: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Federal Court of Appeals Declares Victory for TPS Beneficiaries applying for Green Cards, Happy Wednesday! San Francisco, CA | 04/02/14. Reformation and rehabilitation that make it unlikely the problem will occur again (e.g. -(i) Arriving aliens. Upon being removed (formerly called “deported”) from the U.S., one is barred – that is, prohibited – from reentering the country for a set number of years, and perhaps permanently, depending on the reason the person was removed. Affidavits from you or other individuals; Evidence of family ties in the United States. You really know your stuff, and you're a nice, friendly guy as well. As an Experienced immigration attorney in the Bay Area, his law firm situated in Fremont-Newark focuses on immigration laws with an emphasis on employment based immigration H1B visa, L1A, L1B visas, PERM Labor Certification. You fought a tough RFE, but we won. If you are inadmissible under another section of the law, you must apply for a different waiver type. NOTE for Canadian Filers: You can obtain the above information from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C-216C. His law firm in Newark, California also handles Family based immigration petitions and VAWA self-petitioner petitions. Medical reports, psychological evaluations, and other records showing unusual hardships to the applicant and their relatives, or others if the applicant is not admitted to the U.S. Special Provision: Aliens inadmissible under section 212(a)(9)(A) who have an outstanding order of removal, and have not yet departed the United States, may file Form I-212 before departing the United States, if they plan to apply for an immigrant visa abroad. A skilled attorney can help determine what, precisely, are the grounds of removability, and thus what forms are necessary and where they must be filed. 5 FAQ’s by Startups Regarding H1B Visa Filing, 6 Tips on how to find your Automated I94 Travel History. The application process can be very complex and difficult to navigate. Then that alien marries a U.S. citizen and tries to lawfully immigrate into the U.S.. -Any alien not described in clause (i) who-(I) has been ordered removed under section 240 or any other provision of law, or(II) departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) …. LCA/Public Access File Evidence of rehabilitation and reformation, if the applicant has prior criminal convictions. If you are inadmissible under INA section 212(a)(9)(C), submit evidence of: Also submit evidence that relates to your departure and your absence from the United States for at least 10 consecutive years. Asked in San Francisco, CA | April 2, 2014. Is there a waiver for a 20 year bar for having a prior order reinstated under section 241 (a) (5) of the act. Form I-212 is a waiver request that allows such aliens to seek consent from the United States government to apply for lawful re-admission to the United States after having been deported or removed.