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Department of Homeland security Database Errors

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  • Department of Homeland security Database Errors

    Hi,
    i am hoping someone can point me in the right direction.Recently,my mother applied for a visitor visa to the USA and she was denied the visa based on 212(A)(9)(B) finding of ineligibility by the Department of Homeland Security (DHS).
    According to them my mother had stayed in the USA illegally and is barred from entering the country for 10 years.My mother had previously lived in the USA from 2002 till 2013.She had asylum and when her application was denied in the fall of 2013 she left the country before her 180 days were up.We have all the required paper work to prove it.it is clearly an error in the dhs database.
    Would anyone know how i can contact DHS to try to fix this error.if some one can point me in the direction of a phone number or email address.

    Thank you for all your help.

  • #2
    Department of Homeland security Database Errors

    Based on the information you provided this is what I am assuming is the situation: Your mother came here sometime in 2002 on a visitor visa possibly, then stayed illegally until 2012-2013 and then filed for asylum. Usually people file for asylum as a last resort after being found here in the U.S. illegally and have run into immigration problems such as possible deportation. This is a very common occurrence and these are usually always denied. If this is not correct please let me know, and I can adjust my response accordingly.

    Once you file for asylum you go into a protected status. I am guessing that is the 180 days you are referring too. Once someone stays after their original I-94 dates they are out of status. If the asylum application is approved then that's it and they are granted asylum. But if it is denied, it would count her out of status from the original I-94 expiration date even if she leaves the U.S. immediately. In this case, a date in 2002 or early 2003 it looks like. This is not an error in the Department of Homeland Security's database. She has a 10 year ban from entering the U.S. for staying here illegally for years.

    Also, her home country or now her current country of residence will know anytime she tries to get a visa, that she tried to immigrate and file for asylum. She will always be considered as a high risk for trying to immigrate which could make getting a visa at all very difficult.

    This is my opinion and not legal advice. Use of this information is strictly at your own risk.

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