Have you lived in the USA? What should she answer??

[rallen 0]

I (US Citizen) have filed the I-130 for my spouse living in Mexico 3 months ago and i have a question about what should be the best thing to answer if she gets asked "Have you ever lived in the USA".

Here is the scenario:

She came to the US with a Tourist B1 Visa and a I-94 permit when she was 14 years old.

Every 6 months she went back to Mexico to renew the I-94 permit and never overstayed inside of the US.

She graduated from High School and went back to Mexico before she turned 18. Again, didn't overstay .

We have been together for 9 years and we got married on January 2012.

There was no illegal stay in the US but she did lived using a tourist permit (I-94) to complete High School when she was underage.

Would this be a problem for us in the Interview and what would be the best thing to answer here?

[amykathleen2005 441]

She will not be punished for anything underage. Put it down to be safe.

Edited June 28, 2012 by amykathleen2005

[rallen 0]

She will not be punished for anything underage. Put it down to be same.

Thanks for the quick response amykathleen2005. It will be much easier for us not to lie about it which was stressing me out and i wasn't able to find a similar case which decided to post my own. I know that a friend of mine got asked if they have ever crossed the border illegally or overstayed in the country but i am just paranoid about the fact that she lived here while she was underage.

Thanks again!

[Anh map 2,098]

Answer truthfully.

[Bule&Cantik 8]

Answer truthfully.

This.

If you answer falsely and they catch it......no visa.

[dwheels76 5,484]

You must be truthful. And frankly they will already know the truth since she is in the system with a legal document. They knew when she left and came back. So even when they ask they are expecting the truth from her. So no sweat. No harm, no foul.

[dwheels76 5,484]

Answer truthfully.

Thanks for having all the great links on your profile. So great.

[Cathi 5,828]

always tell the truth

[rallen 0]

Wow, thanks so much for the great advice guys! I sincerely appreciate the feedback... i am sure i will sleep better at night. I knew that answering truthfully would be the best option since she was underage and always had a permit to be here .

[rallen 0]

One last question, Her parents went back to Mexico and they came in to the US with B1 Visa which expired for her Father but her Mother kept renewing the i-94 at the same pace as my wife did. By her stating that she lived with her parents would affect any future Immigration processes for them?

Thanks!

[GlobeHopperMama 95]

Again, she has to answer all questions truthfully, and so do her parents. If asked who she lived with, she needs to be honest. I have never seen this resulting in any removal action being taken against the parents, as foreign consulates are not normally interested in contacting ICE about possibly unlawfully-present people and furthermore ICE is not generally interested in spending resources investigating, locating, and detaining people who pose no actual threat.

For any future process for her parents, their fate is already sealed. As long as they remain in the US having been lawfully inspected, they will eventually be able to adjust status through their daughter once she becomes a US citizen. (INA 245© gets into the eligibility for that). It benefits nobody to attempt to hide information during the immigration process.

[rallen 0]

Thanks so much for the feedback Carlos & Amy!!!

[Gosia & Tito 199]

You must be truthful. And frankly they will already know the truth since she is in the system with a legal document. They knew when she left and came back. So even when they ask they are expecting the truth from her. So no sweat. No harm, no foul.

Always treat an immigration related question as you would from a lawyer: that is, a lawyer in court will never ask a question he/she doesn't know the answer already

[bigdog 377]

Tell the truth.

[rallen 0]

You have a very good point Gosia & Tito! thanks a bunch.

Thanks, Bigdog