Went to Juarez visa interview. Rejection letter marked both 212(a)(9)(b)(I) and 212 (a)(9)(b)(II) and ineligible for waiver. Husband illegal alien. No criminal record. Husband entered the US when he was a teenager. Married with two children. Left US and re-entered.
From the facts as you describe them, he sounds like he is a good candidate to at least apply for the 212(a)(9)(B) waiver, if that was in fact the ground of inadmissibility. However, I think you have the wrong provision of law - if he was in the US illegally, left and then returned he sounds like the ground of inadmissibility was 212(a)(9)(C) for which there is no waiver. Under this provision, he has to wait 10 years after he last left the US, then he has to apply to USCIS for permission to return. If you would like to discuss the case in more detail, check out my website below and submit an inquiry.
This response does not create an attorney client relationship and is for informational purposes only. Before acting on this information you should discuss your problem with an immigration attorney.
I'm confused where he's currently located; here (based on your last sentence) or abroad after denial. Please clarify.
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I agree with Eichorn. Always a good idea to get a consultation with an immigration lawyer. I'm sorry, but my firm only handles personal injury cases.
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You should set up a consultation with an immigration lawyer to have your husband's case reviewed. In particular, your lawyer will need to review your husband's complete immigration history (especially information on each entry he has made to the United States) and any immigration papers that you have (including the denial letter from his visa interview) to identify what options may be available to him now.
(703) 424-2979. Virginia Immigration Lawyer - Helping Future Americans Become Citizens