Відео

F-1 students are typically admitted to the U.S. in Duration of Status (D/S). U.S. immigration policy states that even if they fall out of status, they do not begin to accrue "unlawful presence" in the United States unless USCIS, an Immigration Court, or other U.S. immigration agency makes an official finding that they violated their status. Without such a finding, there is no unlawful presence toward the 3/10-year bar to re-entry under INA 212(a)(9)(B), despite the overstay and violation of status. The 212(d)(3) nonimmigrant waiver or Form I-601 immigrant waiver for unlawful presence is required only if the INA 212(a)(9)(B) bar applies. Whether you have a pathway to become a permanent resident or settle down in the United States is a separate question. I provided you a general response only. Do not rely solely on it to reach a particular conclusion or take any specific action in your case. NOTE: posting a message about your case, via comments on UA-cam, is discouraged due to privacy and confidentiality concerns.

It's not clear what you mean by "punished to be 10 years out of the country." For purpose of this reply, I assume you're referring to an INA 212(a)(9)(B) bar due to accrual of unlawful presence or an INA 212(a)(9)(A)(ii) bar due to a removal order by an Immigration Court. If a person reentered or attempted to reenter the U.S. illegally (without inspection or lawful admission) after she accrued more than one year (in the aggregate) of unlawful presence in the U.S. and left., she is subject to a permanent bar under INA section 212(a)(9)(C)(i)(I).If the person reentered or attempted to reenter the U.S. illegally (without inspection or lawful admission) after she was ordered removed from the U.S., she is subject to a permanent bar under INA section 212(a)(9)(C)(i)(II). In this situation, the person will not be eligible for the Parole in Place Plan or I-485 adjustment because she has an INA 212(a)(9)(C) bar. See ua-cam.com/video/4P0zDCxxtbs/v-deo.html. This is a general response only and it is not specific advice for any individual case.

How did they see ur WhatsApp nessage and accuse you

Section 212 of the Immigration and Nationality Act lists several inadmissibility grounds that permanently bars a person from the United States. They include fraud or willful misrepresentation of material fact to obtain US immigration benefits and certain criminal offenses. In some cases, a visitor visa applicant who is inadmissible to the U.S. may request a 212(d)(3) nonimmigrant waiver at the U.S. Consulate. Some visitor visa applicants also need a Consent to Reapply for Admission if they illegally reentered or attempted to illegally reenter the United States following a removal order or unlawful presence of more than 1 year. A visitor visa applicant must also meet the INA 214(b) requirement, i.e. overcome the presumption of immigrant intent by demonstrating strong ties abroad and legitimate reasons for seeking temporary U.S. visits. If the U.S. Consulate does not want to issue the visitor visa, for whatever reason, it may use the INA 214(b) catch-all provision to deny the request.

I-485 Adjustment of Status applications fall into different categories, such as family-based (I-130) or employment-based (I-140). Multiple USCIS Service Centers and USCIS Field Offices adjudicate these applications. Where a specific I-485 case is adjudicated depends on several factors, such as the applicant's place of residence, the application type or filing category, and whether an interview is required. Current processing times vary widely across different offices, e.g. 12 months to 24 months. Applications are normally processed on a first-in, first-out basis, so existing applications are not typically affected by newer applications, even if they end up with the same USCIS Service Center or Field Office. But having more applications on file naturally lengthens the queue. If the allocation or availability of USCIS' resources does not improve to deal with pending applications, the backlog grows. If implemented, the Parole in Place plan is expected to benefit certain spouses and children of U.S. citizen (I-130) petitioners, who would otherwise have to depart the U.S. to consular process the Immigrant Visa. So, it might have more effects on the processing times of family-based adjustment applications, which require interviews at USCIS Field Offices and attention from the same USCIS officers.

INA 212(a)(6)(E) subjects the applicant to a permanent bar due to "Alien Smuggling." It states that a person who at any time knowingly has “encouraged, induced, assisted, abetted or aided” any other person to enter or to try to enter the United States in violation of law is inadmissible and is thus ineligible for a visa or entry to the U.S. An example is knowingly making false oral or written statements or knowingly providing fraudulent documents on behalf of any visa applicant, if the misrepresentation was material to the applicant's visa eligibility. Other examples are physically bringing a person into the U.S. in violation of law and helping an individual in any way to arrange for entry into the U.S. in violation of law. An 212(6)(E) finding can be made retroactively: it may result from any conduct that occurred at any time in the past. If the "Alien Smuggling" involved the applicant's spouse, parent, son or daughter, there is a Form I-601, Immigrant Waiver under INA 212(d)(11) if the DHS decides to exercise favorable discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. There is a 212(d)(3) Nonimmigrant Waiver if the applicant meets the eligibility criteria in Matter of Hranka and otherwise qualifies for a nonimimgrant visa/status. 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/ 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 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 UA-cam comment. See dyanwilliamslaw.com/contact/

I was told there’s misrepresentation of material fact under section 212(a)(6)(c)(I) for non immigrant B1/B2 . Nigeria citizen. Please I’m waiting for your response

@Dyanwilliamslaw Thank you for your follow-up. Due to my limited availability, I do not respond to every email requesting information or a consultation (although I read them all). If you did not get a response to your email(s), it means the situation you described did not fit within my current areas of focus, I was fully booked, and/or the timing was off. At this time, I'm not taking on (6)(C)(i) cases where the applicant will apply for a visitor visa., instead of a work visa or student visa, and the fact pattern requires a lot of patience on the part of the consular officer. Applying for a B1//B2 visa with a (6)(C)(i) charge is a very tough situation because the visa requires non-immigrant intent under INA 214(b). If the consular officer sees any type of negative history, they tend to quickly use the catch-all provision under INA 214(b) to deny the visa, instead of really consider whether the (6)(C)(i) bar was applied correctly or whether a 212(d)(3) waiver is appropriate. When the waiver is requested at the U.S. Consulate, the applicant does not submit an official Form I-192. Rather, the applicant offers supporting documents and oral testimony to show how she qualifies for the visa and the waiver (if the inadmissibility bar is sustained). 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/ 212(d)(3)(A) Nonimmigrant Waiver: Advantages and Disadvantages. dyanwilliamslaw.com/2016/03/212d3a-nonimmigrant-waiver-advantages-and-disadvantages/ B-1 Visitor Visa: Traveling to the U.S. for Business. dyanwilliamslaw.com/2021/04/b-1-visitor-visa-for-business/ B-2 Visitor Visa: Traveling to the U.S. for Tourism or a Temporary Visit. dyanwilliamslaw.com/2017/03/b-2-visitor-visa-traveling-to-the-u-s-for-tourism-or-a-temporary-visit/ You have to be able to present your case in 3 to 5 minutes, which is the length of most visa interviews, and persuade the officer to put your case in administrative processing while they review your documents. (It's very rare for officers to make a favorable decision at the end of the visa interview, when there is a (6)(C)(i) issue. You basically have to convince the officer to slow down the decision-making to allow a more deliberate review. Even the most carefully prepared and viable requests can be denied if the officer is not willing to do a real review.) I provided you a general response only. Do not rely solely on it to reach a particular conclusion or take any specific action in your case. Please reach out to another experienced U.S. immigration attorney who deals with (6)(C)(i) issues and 212(d)(3) waivers in visitor visa requests. NOTE: posting a message about your case, via comments on UA-cam, is discouraged due to privacy and confidentiality concerns.

@@Dyanwilliamslaw Thank you so much 🙏God bless you Dyan. it’s not just about (6)(C)(I) only, there’s question about DOB and identity I asked in the mail. I wish you could hear me out even though you can’t take up the case. Although, I’m trying to reach out to another experienced lawyer like you, I see, you’re very good at what you do. thanks for your candid advice once again. I really appreciate 🥰🤗

Plz help me

Good point with respect to whether this is worth a lawsuit. The Heritage Foundation, however, points out that admissions to drug use affects a person's eligibility for a U.S. visa or entry to the U.S. A core issue in the lawsuit is whether Prince Harry received special treatment under U.S. immigration laws, which he likely did. If there is a "legal admission" to or conviction for use of controlled substances (illegal drugs), the person cannot immigrate to the U.S. (unless he qualifies for a Form I-601 waiver, which only covers a single offense involving 30 grams or less of marijuana use or possession). The 212(d)(3) nonimmigrant waiver for temporary stays has more flexible standards, but it is harder to get when it involves prolonged use of multiple controlled substances and there is a lack of regret for such consumption. Regular persons are often refused admission to the U.S., issued an expedited removal order, and denied a new visa (even for temporary visits) if there is any information showing they used a controlled substance, including marijuana, which is legal in certain situations in some states, but not under federal law.

Overstaying a visa typically means the person accrued unlawful presence in the U.S. prior to departure. Under INA 212(a)(9)(B)(i), there is a 3-year bar to re-entry if you were unlawfully present in the U.S. for more than 180 days, but less than one year, and then depart the U.S. prior to commencement of removal proceedings. The U.S. government adds up all the days you were unlawfully present in the U.S. in a single ongoing period or stay (i.e. continuous period of unlawful presence). There is a 10-year bar to re-entry if you were unlawfully present in the U.S. for one year or more, and then depart the U.S. The U.S. government adds up all the days you were unlawfully present in the U.S., even if they were from different periods or stays (i.e. the aggregate period of unlawful presence). If the 3/10-year unlawful presence bar has already expired, an I-601 immigrant waiver is no longer needed for this bar. Crime-related inadmissibility is permanent. If a person was removed (deported) from the U.S. with an aggravated felony conviction, she will need a Consent to Reapply for Admission (commonly known as I-212 waiver) to receive any visa or admission to the U.S. In addition, if the person was convicted of or admitted to committing a Crime Involving Moral Turpitude (CIMT), she will need a Form I-601 immigrant waiver (if applying for an immigrant visa) or 212(d)(3) waiver (if applying for a nonimmigrant visa, such as B1/B2 visitor visa). See: dyanwilliamslaw.com/2015/09/immigration-consequences-of-criminal-offenses-myths-facts/ dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-criminal-grounds-and-how-do-you-get-it/ dyanwilliamslaw.com/2016/03/212d3a-nonimmigrant-waiver-advantages-and-disadvantages/ dyanwilliamslaw.com/2016/05/immigrant-visa-process-delays-and-setbacks/ A U.S. citizen may file an I-130 immigrant petition for a spouse in the Immediate Relatives. A U.S. citizen (age 21 or older) may file an I-130 immigrant petition for his parent in the Immediate Relatives category. In addition, the I-130 beneficiary must be admissible to the U.S. or must qualify and obtain any necessary waivers of inadmissibility to receive an Immigrant Visa. I provided you a GENERAL RESPONSE ONLY. Do not rely solely on it to reach a particular conclusion or take any specific action in your case. Posting a message about your case, via comments on UA-cam, is discouraged due to privacy and confidentiality concerns. Inquiries by email at info@dyanwilliamslaw.com or via online contact form at dyanwilliamslaw.com is the best way to submit an inquiry. (While I read all inquiries, I do not respond to every single one due to the high volume of questions we receive.)

ESTA denial is not subject to "appeal." If an applicant is denied ESTA and the circumstances for the denial have not changed, a new application will also be denied. Answering YES to any security background questions normally means you are not eligible for ESTA (Visa Waiver Program). To obtain B1/B2 visitor visa from the U.S. Embassy or Consulate, the applicant must demonstrate strong ties abroad to compel a timely departure from the U.S. and legitimate reasons for U.S. travel. Otherwise, the visa will be denied under the catch-all provision, INA 214(b) (failure to overcome presumption of immigrant intent). If there are any inadmissibility grounds under INA 212 (e.g. crime-related inadmissibility), the applicant will also need to request and obtain a 212(d)(3) waiver and/or a Consent to Reapply for Admission (commonly called I-212 waiver, which is different from the 212(d)(3) waiver). Some inadmissibility bars, such as security-related grounds, cannot be waived. See dyanwilliamslaw.com/2016/03/212d3a-nonimmigrant-waiver-advantages-and-disadvantages/ and dyanwilliamslaw.com/2020/12/ctr-i212-waiver-212a9a-and-212a9c/. I provided you a GENERAL RESPONSE ONLY. Do not rely solely on it to reach a particular conclusion or take any specific action in your case. Posting a message about your case, via comments on UA-cam, is discouraged due to privacy and confidentiality concerns. Inquiries by email at info@dyanwilliamslaw.com or via online contact form at dyanwilliamslaw.com is the best way to submit an inquiry. (While I read all inquiries, I do not respond to every single one due to the high volume of questions we receive.)

The best way to determine the inadmissibility ground is to review the applicant's U.S. immigration records (or criminal records that affect admissibility.) These include removal orders by an Immigration Judge, expedited removal orders by U.S. Customs & Border Protection, visa refusal notices, USCIS denial decisions on an application, and judgments in a criminal case. A consultation with an experienced U.S. immigration attorney is usually needed to verify the type and length of the bar. Some are permanent (e.g. crime-related inadmissibility and fraud/willful misrepresentation of material fact to obtain U.S. immigration benefits) and some expire (e.g. accrual of unlawful presence in the U.S. of more than 180 days prior to departure from the U.S.) Not all inadmissibility bars may be waived with a Consent to Reapply for Admission (commonly known as I-212 waiver) or a 212(d)(3) nonimmigrant waiver or I-601 immigrant waiver. In addition, the person must otherwise be eligible for an appropriate visa for entry to the U.S. I provided you a GENERAL RESPONSE ONLY. Do not rely solely on it to reach a particular conclusion or take any specific action in your case. Posting a message about your case, via comments on UA-cam, is discouraged due to privacy and confidentiality concerns. Inquiries by email at info@dyanwilliamslaw.com or via online contact form at dyanwilliamslaw.com is the best way to submit an inquiry. (While I read all inquiries, I do not respond to every single one due to the high volume of questions we receive.)

You did not state the type of U.S. visa or admission your brother seeks, or the factual basis for the removal order and when it was issued. These are relevant factors to consider. Your question is too broad and your information is too limited to receive a specific response. A Consent to Reapply for Admission is needed is the person has a 10-year bar (due to a removal order), which has yet to expire. If there are other inadmissibility grounds related to a criminal record, unlawful presence, fraud or willful misrepresentation of material facts to obtain U.S. immigration benefits, or other violations, an additional waiver is needed. Not all inadmissibility grounds may be waived. A CTR or waiver is not a stand-alone application for relief that leads to U.S. travel authorization. It must first be determined whether the applicant otherwise qualifies for the U.S. visa or admission he seeks. Until this issue is addressed, there's no point applying for a waiver. I provided you a general response only. Do not rely solely on it to reach a particular conclusion or take any specific action in your case. Posting a message about your case, via comments on UA-cam, is discouraged due to privacy and confidentiality concerns. Inquiries by email at info@dyanwilliamslaw.com or via online contact form at dyanwilliamslaw.com is the best way to get instructions on how to schedule a consultation for further guidance.

Hi Attorney Williams I have sent you an email. Thanks in advance for your reply. Yasin H.

Thank you for the follow-up. If you did not get a response to your email, it usually means the situation you described did not fit within our area of focus and/or we did not have availability. We get a high volume of inquiries daily and it is not possible to respond to everyone. If there is no reply, it is better to send a follow-up email to make sure we received the message. Posting a message about your case, via comments on UA-cam, is discouraged due to privacy and confidentiality concerns.

A Consent to Reapply for Admission due to INA 212(a)(9)(A)(ii) bar (removal order by Immigration Court) is not needed if at least 10 years have passed since the departure/removal from the United States. If the removal order was based purely on an overstay - with no criminal record or aggravated felony or other U.S. immigration violation that creates a permanent bar - the 10-year bar eventually expires. Applicants may still, however, have problems getting a visa, such as under INA 214(b) for visitor visa applicants, if they have any negative U.S. immigration history. If the U.S. consular officer is mistaken about the bar, a person may reapply for the visa and explain that it has expired and offer proof that he has been outside the country for at least 10 years, as well as evidence of eligibility for the visa itself. 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.

​​@@Dyanwilliamslaw hello, I've trying to get across to you for a year now...in 2019 I'd a transit in Paris to US, where I was told to go back to my home country to reapply... Without not knowing what ground I won't board in the next flight. When I got to my country Nigeria, I was told they revoked the visa. Then I reapplied last June, although before then I changed my name due to divorced. On the day of my interview I was told there's misrepresentation of material fact under section 212a(6)(c)(i)...and the consulate said she can't request for a waiver on my behalf... Is that a permanent ban? Or I'll apply for a waiver myself

@@olatunjiolamide8612 Dyan Williams Law PLLC 2 weeks ago Thank you for your question. It is not always possible to respond to every inquiry from non-clients due to the high volume of questions we often get. In this reply, I will offer a basic description of your possible remedies. When a person is denied a visa under INA 212(a)(6)(C)(i), this means she was found to have used fraud or willful misrepresentation of material fact to obtain a US immigration benefit (e.g. U.S. visa or entry to the U.S.) This is a permanent inadmissibility ground that does not expire. When you have this bar, a 212(d)(3) waiver must be obtained to receive any nonimmigrant visa. The U.S. Consulate/Embassy has to recommend the waiver for this request to be forwarded to CBP-ARO, which decides whether to grant it. Unlike Canadian citizens who do not need a visa stamp for certain types of U.S. travel and may therefore request the waiver directly from the CBP, a person who needs a nonimmigrant visa must go through the U.S. Consulate/Embassy. Without approval from this gatekeeper, the waiver request is not considered by CBP-ARO and you are not allowed to file the waiver request directly with CBP-ARO. See: 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? ua-cam.com/video/Qs5G6SzUgz4/v-deo.html In the alternative, a person may request a reconsideration of the inadmissibility ground if she has a factual basis, legal arguments, and a procedural avenue to demonstrate the bar was made in error. If the CBP/DHS made the initial INA 212(a)(6)(C)(i) finding, however, it is much more difficult to get the bar lifted due to procedural barriers and bureaucratic obstacles. (The U.S. Consulate/Embassy might be applying a 6ci bar or 6ci lookout that was previously entered in the system when you were refused entry and your visa was revoked back in 2019.) But if the 6ci bar was made by the U.S. Consulate/Embassy, a motion to reconsider in connection with a visa application could be an option. There is no guarantee the U.S. Consulate/Embassy will accept, review or consider a 212(d)(3) waiver request or motion to reconsider, especially when it determines the person does not otherwise qualify for the visa itself. For example, it may deny a B1/B2 visitor visa application under the catch-all provision, INA 214(b) (failure to overcome presumption of immigrant intent), regardless of whether 6ci applies. But to have the best chance of being considered for the necessary relief, the applicant should have her written testimony, legal memorandum from counsel, and supporting documents to present to the consular officer at the visa interview. See, e.g.: U.S. Consulate Rescinds INA 212(a)(6)(C)(i) Charge and Grants B1/B2 Visa: A True Success Story. dyanwilliamslaw.com/2020/01/u-s-consulate-rescinds-ina-212a6ci-and-grants-b1-b2-visa/ I provided you a general response only. Do not rely solely on it to reach a particular conclusion or take any specific action in your case. Posting a message about your case, via comments on UA-cam, is discouraged due to privacy and confidentiality concerns. Inquiries by email at info@dyanwilliamslaw.com or via online contact form at dyanwilliamslaw.com is the best way to get instructions on how to schedule a consultation for further guidance.

@@Dyanwilliamslaw I do appreciate your help... But how can I get across to you for legal memorandum.

@@Dyanwilliamslawwow That was a comprehensive answer. I had a headache sifting through all the legal terminology. You are a high powered attorney. Who ever you represent is in good hands. Lord have mercy. Yasin H.

Hey Romina, l have been deported from Germany and l was wondering if there is any option to visit Australia for my research assistanship position and how my deportation record impacts Australian Visa application. Has US Deportation been a huge red flag for the Australian Visa/Residency?

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

​@@mbhunellc5796what happend with you now

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.

​@@marisolcortez1687i hope you tell me if your waiver is approved