Section 212 A 9 B Ii

Section 212 a 9 b ii of the act specifies that unlawful presence can accrue during any period in which an alien other than a legal permanent resident is present in the united states without having been admitted or paroled or after the expiration ofthe period ofstay authorized by the secretary ofhomeland security.

Section 212 a 9 b ii. These grounds of inadmissibility are applicable only to aliens seeking visas or readmission to the united states following a prior period of unlawful presence in the united states. Posted on apr 21 2013 ina section 212 a 9 b i ii refers to a 10 year bar due to overstay more than 365 days. It covers who needs a waiver of unlawful presence what are the requirements for a waiver of unlawful presence and which waiver process to use depending on the applicant s circumstances.

212 a 9 b inadmissibility due to unlawful presence. I got deported april 2019 because of visa waiver and was ban for 10 years to italy my wife did the i130 got approved and we did the interview and they said the visa will be refuse because section 212 a 9 b i ii section 212 a 9 ii but they told us we eligible for waiver. In other words for the 3 years following your father s last departure from the u s he is not permitted to receive a visa to enter the u s.

Any alien other than an alien lawfully admitted for permanent residence who was unlawfully present in the united states for a period of more than 180 days but less than 1 year voluntarily departed the united states and again seeks admission within 3. You are present in the united states without being admitted or paroled. I been told by.

Section 212 a 9 b ii of the act provides that a foreign national is deemed to be unlawfully present in the united states if present in the united states after the expiration of the period of authorized stay or is present in the united states without being admitted or paroled. Any foreign national who was unlawfully present in the us for more than 180 days is inadmissible for three years and if unlawfully present for one year is inadmissible for ten years. Section 212 a 9 b i ii renders inadmissible those aliens unlawfully present for 1 year or more and subjects them to a 10 year bar to admission.

This advisory explains unlawful presence under ina 212 a 9 b and the differences between the i 601 and i 601a waivers of unlawful presence.