QUESTION

my name is peter im 20 years old i recently applied for a i-130 i had my interview on april 20 but my visa was denied under section 212 (a) and i was

Asked on Apr 25th, 2012 on Immigration - Arizona
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my name is peter im 20 years old i recently applied for a i-130 i had my interview on april 20 but my visa was denied under section 212 (a) and i was punished for 10 years starting 2009 with no waivers. the first time i went to the US i was 3 years old i then got out at 8 went back at 13 then got out at 17, i was told that section 212 (a) shouldnt applied to me since i was a minor is there anything i can do?
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1 ANSWER

Family Immigration Law Attorney serving Minneapolis, MN at Aust Schmiechen, P.A.
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Peter, You do not specify how you entered the United States. If it was without inspection (EWI or "illegally" [though I hate that term]), then USCIS takes the position that even if a person left and re-entered EWI as a minor, the 10-year bar under INA § 212(a)(9)(C) applies. If you entered with a passport, then the decision to find you inadmissible on account of the 10 year unwaivable bar was incorrect and you might be eligible for a waiver. You should consult a knowledgable attorney who is aware of the 9th Circuit decision in Acosta v. Gonzales, 439 F.3d 550 (9th Cir. 2006) and other relevant cases. Additionally, more likely than not, the I-130 was approved. It was the I-485 Application to Adjust Status that was denied pursuant to the USCIS finding of inadmissibility under INA § 212(a)(9)(C).
Answered on Apr 27th, 2012 at 2:09 PM

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