my wife was deported twice to mexico she as a deport record

[bryan&nicole 0]

first deportation was in 96 received 5 year ban same day she entered us and lived there from 96 to 2000

second deportation was in 2002 she was only in the us for a few minutes

[diadromous mermaid 36]

first deportation was in 96 received 5 year ban same day she entered us and lived there from 96 to 2000

second deportation was in 2002 she was only in the us for a few minutes

Deportation in 96 and received a 5-yr ban, but remained in the USA until 2000? How could she have a 5 year ban, if she didn't exit the country until 2000? Re-entry triggers the bar, doesn't it?

[Chica Yeyé 41]

first deportation was in 96 received 5 year ban same day she entered us and lived there from 96 to 2000

second deportation was in 2002 she was only in the us for a few minutes

Deportation in 96 and received a 5-yr ban, but remained in the USA until 2000? How could she have a 5 year ban, if she didn't exit the country until 2000? Re-entry triggers the bar, doesn't it?

I would think so too...

[bryan&nicole 0]

it was 96 then in 2002

riceved 5 year ban in 96 and lived those five years in usa in 2002 only here a few minutes

[emt103c 10]

Okay: Attempted to enter WITH inspection 1996- DENIED, given 5 yr, ban

days later EWI 1996- Stayed 1996-2000 (4 Yr overstay) Voluntary Exit

attempted EWI 2002- Second Deportation

If these facts are correct, then (I apologize for being the bearer of this news) then she will not qualify for a waiver until she has been outside the U.S. for ten years. She actually has a violation under both sections. This is why they gave her such a high ban in the first place. With the circumstances under which she was denied entry the first time, it might be worth a consultation with Heather Poole (who has her own web site) and/or Laurel Scott (who also has her own web site that I mentioned before.) Both are very experienced and can explain exactly what is going on to you. Below I have noted the text of INA 212a9C. Again I am sorry, maybe one of the attornies can help.

( C ) Aliens unlawfully present after previous immigration violations.-

(i) In general.-Any alien who-

(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or

(II) has been ordered removed under section 235( b )(1) , section 240 , or any other provision of law, and who enters or attempts to reenter

the United States without being admitted is inadmissible.

(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, 14a/ 6aa/ the Secretary of Homeland Security has consented to the alien's reapplying for admission.

[diadromous mermaid 36]

it was 96 then in 2002

riceved 5 year ban in 96 and lived those five years in usa in 2002 only here a few minutes

You really need to become familiar with the INA, and consult an expert immigration attorney. An alien can't live out a 5 year ban from within the USA! It seems your wife has made poor choices in the past, and its time to get on the right path. You can't do that without knowing what the consequences are for past actions.

[bryan&nicole 0]

poor choices you must not of read the post?

[Boiler 43,431]

I read the thread.

Poor choices seems a kind way of putting it.

[bryan&nicole 0]

oh you must be talking about the American immigration officer who tore up my wife's passport and visa then threw her in jail yes those where poor choices also when the united states decided that immigration laws can not be tried argued or challenged that was a poor choice I doubt there is a moron alive who would say they would abandoned their husband and four month old daughter just because some dumb idiot immigration guard broke the law

[belinda63 2,981]

Regardless of what the immigration officer did, right or wrong, there are procedures to follow and she did not do it. Waht she could have done in the past to correct her "illegal entry" is now mote because too much time has passed and she has violated the law in the eyes of the US government.

You really are going to have to consult an attorney on this one. You can try going it alone but I would recommend at least a free consultation with an attorney with any letters and pertinent information to discover if filing would even be worth it or just a waste of money.

[emt103c 10]

Bryan, please do consult an attorney. What's done now is done. The problem is, if she had gone through a chain of command she would have been able to get around one border patrol officer not treating her with respect.

At this point, she has a lot going against her. Please see my post above. I understand that this is a bad situation and you are angry, but we can only deal with the reality of the system and try to influence congress to realize that too much power in one system, without the checks and balances that our government is supposed to be built on is a bad thing.

At this point, writing a Congressman, and reminding him that judicial review is a good thing would be in order.

There are ways around the laws, but only through extraordinary means like acts of Congress. If you are set on living in the United States before her "ban" is up, you might think of trying to convince your Congressman/Senator's office to help.

Consult an attorney and research the laws first. You will need to be very informed and active to fight something like this.

[Boiler 43,431]

ran down the road under the fence and back to her home and daughter in California

she snuck across but only made it a few feet before she was picked up then she received a 20 year ban

Poor choices

[LadyJane 1]

ran down the road under the fence and back to her home and daughter in California

she snuck across but only made it a few feet before she was picked up then she received a 20 year ban

Poor choices

Let's keep this discussion on track and leave armchair judgments for daytime television shows OK?

[Boiler 43,431]

ran down the road under the fence and back to her home and daughter in California

she snuck across but only made it a few feet before she was picked up then she received a 20 year ban

Poor choices

Let's keep this discussion on track and leave armchair judgments for daytime television shows OK?

Often these issues remind me of AA, you can not deal with the issue until you acknowledge the issue.

[emt103c 10]

I agree with LadyJane. You just can't judge someone who is in that much pain, and if you do, you don't have to put it in their faces.

It is not easy to think about laws objectively when they separate you from your wife and kids.