Illegally in the U.S but now doing DCF from Brazil

[JoeNY81 0]

Okay, basically my wife was in the U.S illegaly. She was brought there by a parent when she was 10, graduated high school, and then returned to Brazil after the summer. She was 19 years old when she returned to Brazil. The thing is, her u.s visa was issued to her with a fake last name. When she left the U.S though, she obtained a new legit passport from the Brazilian consulate in the U.S. So in other words, she left the U.S with her real full name.

My question.. is the DCF process ALWAYS denied for such things? is there ANY chance they will have some mercy?

When I dropped off the I-130 package in Brasilia, they said that living illegaly in the u.s isnt always automatically denied but it may take longer to process her forms because they need to run background checks for every 6month period since she was 16 in the states. were they trying to be polite with us or what?

Thanks.

[Penguin_ie 5,985]

It depends... how long exactly was she in the USA AFTER her 18th birthday?

[emt103c 10]

Since she entered the US unlawfully she will be charged with Misrepresentation, which is a lifetime ban, she'll need an I-601 for that. . . .She left at 19 years old, that means more than 365 days count towards her overstay ban, meaning a 10 year ban from the time she exited the US, which will be hard to prove because of the name changes by passport.

The I-601 can take care of both of these bans. Check out www.immigrate2us.net. There are a lot of people who've successfully filed and obtained approval for 601's even 601's through Brazil.

The consular officers really don't have any wiggle room to not enforce the bans. . .they have to by law.

Now, with all of that said, the Misrepresentation may be something that Brazil can find a way around, only because she was 10 years old, but do not count on it. . . that section of the law is very unforgiving and it doesn't even allow for an exception for minors! Either way, she'll need the 601 for the overstay.