Expert Advice When You Need It Most

My husband's visa is currently denied based on method of original immigration, what can we do?

I am a US Citizen and in January 2009 my spouse was denied a visa based on his original immigration status. We were informed that he fell under section 212(a)(9)(C)(I) and no pardon was available for 10 years. What can we do to get him a visa and allow us to be reunited in the US?

Save

Attorney answers (2)

Avvo Pro

Reputation Level 19
The law requires your husband wait ten years before he can file for permission to re-apply. There is no other option. It is unclear whether the request will be granted. There may be other complications at that time.

A decision must be made whether to emigrate to another country, perhaps his nation of citizenship, while he waits the full ten years. If he re-enters, then he can be charged with a Federal Criminal offense called unlawful re-entry. He can also be permanently barred from immigration as a result.

The above is general information and is not meant to create an attorney-client relationship.

Reputation Level 17
There are 2 separate ways to trigger the 212(a)(9)(C) bar- through an unlawful return after accruing a year or more of unlawful presence, and an unlawful return after a deportation. You don't say which one applies to your husband. If it was a return after deportation, then Kevin is correct, and your husband's options are extremely limited. A prior deportation or removal order can be reinstated, and no hearing need be given. If it was an unlawful return without a deportation or removal order, though, he could still be eligible for non-LPR cancellation of removal if he has more than 10 years of residence in the U.S. and his removal would cause exceptional and extremely unusual hardships to you or another qualifying relative. Cancellation of removal is not something one can apply for though. One must wait until s/he is placed under proceedings. You may want to consult on these issues with an experienced and reputable immigration attorney. There are several excellent ones in the Seattle area. I would recommend Paul Soreff or the attorneys at Pauw and Gibbs. Please let them know I referred you to them.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now