I NEED ADVISE!!!

[mariaustin 0]

Hello everyone!!!

My boyfriend and I are going to file for a fiance visa next week, he is a US citizen and Im from Mexico. We´re both exciting about it,my only concern is that i lived in the U.S for about 1 year and a half illegally, plus i was ticketed for driving without a driver license and never paid the fine cause i had an emergency and had to leave the country and come back to Mexico- I was never deported though, now I regret for not doing things right, because im afraid this could be an issue for me to obtain the visa. Is there a way that i can solve this by paying a lawyer and fix my problem??? or what do you think i should do in order to get my visa?

I have to mention that we have a baby girl and she is already US citizen, so we really want to be together as a family. Thanks in advance for your advise!!!!!! I feel kind of frustrated and miserable right now!

[JimVaPhuong 4,865]

Hello everyone!!!

My boyfriend and I are going to file for a fiance visa next week, he is a US citizen and Im from Mexico. We´re both exciting about it,my only concern is that i lived in the U.S for about 1 year and a half illegally, plus i was ticketed for driving without a driver license and never paid the fine cause i had an emergency and had to leave the country and come back to Mexico- I was never deported though, now I regret for not doing things right, because im afraid this could be an issue for me to obtain the visa. Is there a way that i can solve this by paying a lawyer and fix my problem??? or what do you think i should do in order to get my visa?

I have to mention that we have a baby girl and she is already US citizen, so we really want to be together as a family. Thanks in advance for your advise!!!!!! I feel kind of frustrated and miserable right now!

How did you enter the US and how did you leave?

[max+patricia 24]

Form G-325A in your petition asks for your past addresses for the last 5 years. Did you list your address in the US?

[Matt :) 1]

Bad news... I'm pretty sure if you are living illegally in U.S. more than 180 out of status days you will incur an automatic 3 year ban upon re-entry to the US. More than 360 out of status days and that automatic ban becomes 10 years.

Basically you will not be allowed to enter the U.S. till the 10 yrs are up. Maybe he should move to MX? Sorry not to bring good news.

Edited March 25, 2011 by Matt :)

[SunDrop 59]

[quote name=Matt ' timestamp='1301039035' post='4564161]

Bad news... I'm pretty sure if you are living illegally in U.S. more than 180 out of status days you will incur an automatic 3 year ban upon re-entry to the US. More than 360 out of status days and that automatic ban becomes 10 years.

Basically you will not be allowed to enter the U.S. till the 10 yrs are up. Maybe he should move to MX? Sorry not to bring good news.

There are sometimes ways around this, using hardship waivers and while they are very difficult, long and expensive to process, it's not impossible. A lot depends on how she entered the US, how old she was and "about 1 and 1/2 years" isn't exact enough. If it was under 180 days then it's a different story.

Please don't give out vague "bad news" advice without fuller information.

[pushbrk 14,453]

There are sometimes ways around this, using hardship waivers and while they are very difficult, long and expensive to process, it's not impossible. A lot depends on how she entered the US, how old she was and "about 1 and 1/2 years" isn't exact enough. If it was under 180 days then it's a different story.

Please don't give out vague "bad news" advice without fuller information.

"About a year and a half" is more than a year, triggering a 10 year ban. The trigger is leaving, not coming back in, so calculate the 10 years from the provable departure date. The difficulties involved in most hardship waivers have little to do with how one entered and far more to do with what "severe hardship" to the US Citizen would justify the waiver of the penalty.

[SunDrop 59]

"About a year and a half" is more than a year, triggering a 10 year ban. The trigger is leaving, not coming back in, so calculate the 10 years from the provable departure date. The difficulties involved in most hardship waivers have little to do with how one entered and far more to do with what "severe hardship" to the US Citizen would justify the waiver of the penalty.

Standing corrected on the time/ days thing. For some nutty reason I decided 180 days was more like 18 months. lol

I did not mean that the waiver was dependent on her manner of entry. I meant some of the advice to be given will depend on how she entered, how old she was when she entered and again, when she left. As an example, there's little point advising someone they could have the option of a hardship waiver if she entered by claiming citizenship. However, if she entered under the age of 18 and left before she reached 180 days after her birthday, things change. Simply put, we are not informed enough to blanket statement the 'bad news'.

The fact that there are unresolved legal issues pending in the US and the illegal presence means we would probably be better placed suggesting she gets in on some advice at one of Laurel Scott's sessions.

[Haarp425 26]

Hello everyone!!!

My boyfriend and I are going to file for a fiance visa next week, he is a US citizen and Im from Mexico. We´re both exciting about it,my only concern is that i lived in the U.S for about 1 year and a half illegally, plus i was ticketed for driving without a driver license and never paid the fine cause i had an emergency and had to leave the country and come back to Mexico- I was never deported though, now I regret for not doing things right, because im afraid this could be an issue for me to obtain the visa. Is there a way that i can solve this by paying a lawyer and fix my problem??? or what do you think i should do in order to get my visa?

I have to mention that we have a baby girl and she is already US citizen, so we really want to be together as a family. Thanks in advance for your advise!!!!!! I feel kind of frustrated and miserable right now!

You have already triggered the 10 year ban but you can file an Application for Waiver of Grounds of Inadmissibility

http://www.uscis.gov/files/form/i-601.pdf

As far are your driving issues, the court that has jurisdiction of your case might have already sent out a warrant of your arrest letter to the address you give to the police officer who ticketed you because you did not pay the fine. I would try to resolve that first and explain your situation and see if you can just pay your fine. I suggest resolving your ticket fine because you need police clearance from the places you have stayed before.

[JimVaPhuong 4,865]

Whether she's "triggered" anything yet depends on how she entered and how she left. Unless she crossed the border and cleared US immigration each way then the US government has no idea how long she was in the US. She'll need to admit to the unlawful presence in her visa application, and that will be enough to trigger a ban. If she didn't clear immigration when she reentered Mexico then she might need to provide evidence of when she returned so that the date the ban started can be established.

The judge has probably issued a bench warrant for failing to appear on the ticket. Driving without a license may be an infraction or a misdemeanor, depending on the state. Failure to appear is always a misdemeanor. Neither of these is serious enough to be an inadmissibility, though even if she get's a visa it's possible she could be arrested on the bench warrant when she crosses the border. It would be best to contact the court and try to get the problem rectified by mail, if possible.

[pushbrk 14,453]

Whether she's "triggered" anything yet depends on how she entered and how she left. Unless she crossed the border and cleared US immigration each way then the US government has no idea how long she was in the US. She'll need to admit to the unlawful presence in her visa application, and that will be enough to trigger a ban. If she didn't clear immigration when she reentered Mexico then she might need to provide evidence of when she returned so that the date the ban started can be established.

Jim is right, in that it's not as simple as it sounds. Considering the consequences of lying on an immigration form or to an immigration officer can be a lifetime ban, my answers presume the foreigner will tell the truth and can back it up. Telling the truth about illegal presence will trigger a ban. (In this case ten years.) The ban would begin on the day the foreigner can provide evidence they left the USA. That may or may not be the same day they left but evidence of being IN another country is evidence of having left the USA. One need not clear US or any other country's immigration to be in a position to provide evidence of being IN their own or another country. Certainly the ban would start no later than the marriage date as the marriage itself establishes presence outside the USA.

Edited March 25, 2011 by pushbrk

[mariaustin 0]

thanks to all of you guys!!! very helpful!!!!