Denied I-130 (4) a brother under 245i & I-130 by daughter

Asked over 1 year ago - Corona, NY

at my asylum court hearing in 1997, the judge told me that if my diseased husband, a winner of DV 98 was not able to gain me a green card then I should go to my country. The dv98 was denied and I received a letter to leave US within a year. Is my situation considered immigration proceedings? If yes which box should I check on my I-130 application item 16?: Removal, Exclusion Deportation, Rescission, or Judicial Proceedings. My brother petitioned for me under 245i whiles I was in US with a priority date of April 30, 2001 I was scheduled for interview April 4, 2013 and was denied on bases of ineligibility under 212(a)(9)(B)(2) . As/embassy Accra my daughter could petition for me with a waiver of that ineligibility along with an I-212 waiver of the deportation order.

Attorney answers (2)

  1. Michael Hugh Carlin

    Contributor Level 18


    Lawyer agrees

    Answered . Your narrative is confusing. Where in the world are you located at this time? Are you in Ghana? If you need a waiver of inadmissibility pursuant to INA 212(a)(9)(B)(i)(II), then, as stated in INA 212(a)(9)(B)(v), you would need to show extreme hardship to your spouse or parent who is a US Citizen or lawful permanent resident. Do you have a spouse or parent who is a US Citizen or lawful permanent resident? If you do not, then you are not eligible to apply for a waiver under INA 212(a)(9)(B)(v).

    I strongly suggest that you consult with an experienced immigration attorney.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  2. Kevin Lawrence Dixler


    Contributor Level 20

    Answered . I agree. The hardship suffered by a US Citizen child does not count. Can you prove that you were out of the U. S. for more than ten years? If not, then the effort may prove futile ( e.g. Not worth the effort).

    I strongly recommend an appointment with a competent and experienced immigration attorney. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.

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