My present wife, married in 06/2006, entered the US from Mexico EWI in 06/2004. But before she entered sucessfully, she was caught one week prior. She was fingerprinted and photographed and released in a town in Mexico. She tells me she gave a false name when she was caught. When we do the FBI fingerprint check, what are the chances this will show up. If it does show up, how does it effect the I-130 process. Please help.

I think you will need to discuss this with an immigration attorney.

I believe there is a really good chance that the fingerprints will show up. And if they show up with a different name, things will be even worse.

I read in another forum about someone who had a similar problem. Apparently he was denied hs visa for identity theft.

I would suggest you ask an attorney for some advice...

Thank you for the responses. That is what I was afraid of. If there is a glitch with the fingerprints, we will consult a lawyer. How long before fingerprint results come back?

Actually ....
I think recently there was a similar case here in the US, where the woman was adjusting status after marrying his USC spouse. She had been living here for over 10 years, had kids and everything, and got deported.

I would definitely seek for a lawyer. ASAP.

Sorry .... I was trying to edit... but my comp froze...

This is the case, is not exactly the same... but it has to do with claiming a false identity... give it a read...

Myrna Dick

I wouldnt wait... it's a big deal... contact your lawyer..

Good luck

I would definitly seek legal council asap.

This is not identity theft or misrepresentation. Those are completely different situations when someone uses false documents and claims to be a USC in order to gain entry. In those cases of clear misrepresentation, there is no waiver or relief available.

Her situation was most likely "catch and release". While they took her fingerprints and photograph, there is still a chance that they will not show up on the fingerprint request. The fact that she gave someone else's name does not come into play here - she wasn't claiming to be a USC in order to gain entry.

Regardless, illegal entry will not affect approval of her initial I-130 petition. However, her illegal presence of over 180 days in the US (under 180 days doesn't even have a ban) will require her to submit a 601 waiver and for you to prove extreme hardship to you, the USC, if her visa is denied and you, as a result, have to relocate permanently to Mexico. Since you've already found the right forum on I2us, you'll get all the help you need there. Good Luck.

Her fingerprints were taken...
She used a false name...
As I said before... its not the same case, but it's a clear view of the consequences... I would not risk it.

You lost me - risk what? When you send a fingerprint request to the FBI they respond by telling you what is on your record. At the Mexican border they often take fingerprints and do nothing with them. But even if they show up, it does not affect the possibility of entering the country legally down the road. That's because illegal entry, in and of itself, does not result in a ban. Neither does illegal presence of under months. Strange, but true. In his wife's case, she will require a waiver to overcome her illegal presence of over 1 year in the country - this carries a 10 year ban. But the fact that they have her fingerprints will not affect her - it simply proves that was caught attempting to enter the country. Giving a false name does not result in a ban. Giving a false name of a USC coupled with claiming to be that USC - that results in a lifetime ban.

But I agree that consulting a lawyer is a smart idea.

Sorry to ask, but how do you know that they do nothing with the fingerprints they take in cases like this?

And if it's true that they don't do anything with them, then why would they take the time to do it in the first place?

As I said before, I read in another forum a similar case, and the guy was denied at interview.

There have been many many cases of people on Immigrate 2 US in this exact situation - someone entered illegally and had their fingerprints taken but they did not appear on the FBI request. Not sure why they don't show up but that's why I said they sometimes don't do anything with them -- otherwise, they would appear.

I assume they take the time to do it in the first place because their either intend to submit them to the FBI or it's a scare tactic in their constant effort to stop people from crossing the border illegally in the first place.

That being said, as I indicated, she will be denied at the interview based on her illegal presence in the country of more than 180 days. So she needs to be prepared for the denial with a 601 waiver as well as her husband needs to prove extreme hardship with a hardship letter and evidence in order for the waiver to be approved.