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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 117369
Experience:  Immigration Law Expert
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My husband was denied s visa under law 212 (a)(9)(c)(1) and

Customer Question

Hi My husband was denied his visa under law 212 (a)(9)(c)(1) and 212(a)(9)(b)(1) and i'm wondering if i can file the 1-601 waiver
JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no the lawyer that i had filed his waiver with her employee had told us not to mention that he had left the country and came back and well it came up in his interview that he flew out of the u.s.
JA: Please tell me everything you can about this issue so the Immigration Lawyer can help you best. Is there anything else the Immigration Lawyer should be aware of?
Customer: Well he has no prior offenses and right now im losing my apartment have no money and my child currently has to be put on a nebulizer form time to time for issues with his lungs
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under 212(a)(9)(c)(1), which is unauthorized presence with a prior violation, no waiver of inadmissibility is available under the law. So as long as that is a violation, even though for 212(9)(b)(1) could possibly acquire a waiver, he cannot get a waiver because of the first count.
You need to get him another lawyer to fight the 212(a)(9)(c)(1) charge against him, because as long as Immigration says he violated that, you cannot seek a waiver.

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