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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28188
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith, my father has a unwarranted 9c2 ban. He came to the

Customer Question

Hey judith, my father has a unwarranted 9c2 ban. He came to the US in 1994 on a visitor visa from Australia. He overstayed his visa even though my mother was a lpr. My aunt filled out his immigration papers filling for asylum which was a huge mistake because he didn't need to file for asylum.... a huge misunderstanding. Immigration then sent him a letter to appear for a asylum court date. But being new to the country and moving from family member to family member he never received the letter to show up. In 1996 he self deported himself when his mother got sick, he went to visit her not knowing he had a deportation on his case. Upon arriving in Germany he managed to book a flight into Canada were he hitched across the border into ny. The problem I have is a ice office never asked him for papers. So in effect in 2004 he was denied his i485 application and recieved a 9c2 ban.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Oh after leaving in 1996 he came back ton ny, he only left for 2 or 3 days. This is where he was detained and deported.
Expert:  Judith replied 1 year ago.

Hello, I am not clear on the INA 212 (9)(c)(3) bar is unwarranted. I must obviously be missing something.

As I understand you your father failed to appear for his immigration hearing and either while in proceedings he self-deported or after the judge entered an order of removal in his absence, he re-entered the US without inspection.

Subsequently, a petition was filed on his behalf and he filed for adjustment of status which was denied because of the bar.

That was in 2004.

I am not clear on where your father is at this time and if he has remained outside the US since 2004.

I am not clear on what exactly you are asking. Is your father wanting to come visit?

Judith

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