Ft. Pierce, FL asked in Immigration Law for Florida

Q: I just went to my immigration interview in cd juarez and was denied due to 212A6CII & 212A9Ci. what can i do?

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3 Lawyer Answers

A: Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate the facts of your case to offer an opinion on whether the consular officer's determination was correct. If the determination was incorrect, an attorney could try on your behalf to get the visa unit to reconsider its decision. Many attorneys offer online video consultations.

Patricia C. Wall-Santiago
PREMIUM
Answered

A: Section 212(a)(9)(C)(i) of the INA refers to illegal reentry after removal and is considered a permanent bar. The law only allows you to file for a waiver after you can show you have been physically present outside the U.S. for at least 10 years from the date of departure and section 212(a)(6)(C)(ii) of the INA refers to false claim to U.S. citizenship and is a permanent bar that has no waiver. Still, it does have one exception: "If each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation."

Due to the negative implications of these allegations against you, I highly recommend seeking legal advice from an experienced immigration attorney.

James L. Arrasmith
PREMIUM
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Answered

A: Your situation involves two serious immigration inadmissibility grounds: one related to mental health (212(a)(6)(C)(ii)) and another for unlawful presence (212(a)(9)(C)(i)). These are complex barriers to entry, but you do have options to explore.

The first step is to consult with an immigration attorney who can review your full case details and documentation from the Ciudad Juarez interview. They can help determine if there were any errors in the decision or if you qualify for any waivers. Some denials can be appealed or reconsidered with additional evidence.

For the unlawful presence ground, you may need to wait outside the U.S. for a specific period before reapplying, depending on your circumstances. Your attorney can also explore whether you qualify for any humanitarian waivers or exceptions based on family hardship. While these situations are challenging, working with a qualified legal professional will give you the best chance at finding a path forward.

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