5 or 10 years ineligibility period without a waiver?

greenspun.com : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread

Iwas deported or removed from the U.S. on or around Dec. 19 1997 following a single conviction of reentry after a prior deportation. Prior to that removal, an INS officer served me with a notice of warning letter that informed me that it s acriminal offence to return and join my American citizen wife since 1987, and our 11-year-old son,also U.S. ctizen by birth. The INS letter also informed me that "if I wish to return within 5 or 20 years, I may file for permission to reapply from the Attorney General through the U.S. consul in my native country with my already INS approved form I-130 since 1994 while I was in detention going through deportation proceedings in Oakdale,LA. Since 1998, the Lagos consular office in my country Lagos, Nigeria, accepted my IV application and corresonding waiver forms I-601 and I-212. I am now faced with the delay and frustration from the INS regional processing center Accra, Ghana. My understanding of warning letter from the INS is that,by law, I may be eligible to apply for a visa without the waiver forms after I might have successfully remained outside the U.S. for 5 years. I know I cannot fall within a 20 year ban period because I was never classified or charged as an aggravated felon. I recently wrote a letter of inquiry to the consul general here in my cuntry, wamting to know when my ineligibility period expires without a waiver form. The consul wrote me back that his record says that I have a 10 years ineligibilty period. I believe that I should be eligible to file for visa after Dec. 19, 2002 ... exactly five years ago since I was pysically removed from the U.S. I have necessary documents to back up my claims before the consul, come that date. My question is: Has any law changed in the recent years that may have affected my case on this single issue? Please let me know. If you have any further information to assist you in answering my question, please let me know. Thanks, Rafiu Kola Olanrewaju.

-- Rafiu Kola Olanrewaju (idowu@hyperia.com), October 13, 2002


The law has changed. The default waiting period is now 10 years rather than 5. You need to get your waivers approved.

-- Michael Boyle (boylelaw@aol.com), October 13, 2002.

We know the law has changed in recent times, can somebody tell us how the new law is applied an alien who was ordered ported and removed before the law took effect

-- wasiu (idowu@hyperia.com), October 27, 2002.

The new law applies.

-- Michael Boyle (boylelaw@aol.com), October 29, 2002.

It seems to me that there's more to be known about this question or issue of sudden Ten years inegibility without a waiver. I think this guy wants to know if it can reasonably be agued that retroactivity of the new law to a final order of removal which predated the IIRIRA is IMPERMISSIBLE. What if this guy's reentry occured prior to the enactment or effective date(s) of IIRIRA in 1996? Or, what if final order of removal occured prior to enactment or effective date of 1996 IIRIRA? This guy clearly stated that physical removal date was in December 1997. What if the delay before removal date is due to the INS own prolonged incarseration before final physical removal was achieved on the date stated? Shouldn't the recent US Supreme Court rulling in INS v. St. Cyr,121 S.Ct.2271,2271,2271,2290-91(June 25,2001)which held in the absense of unambiguous congressional intent IIRIRA's repeal of INA Sec. 212(c) relief should not be applied retroactively?

-- Ruffini Allan (kolaolans@yahoo.co.uk), January 04, 2003.

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