Help to understand FOIA

[Skymusic 2]

Can someone help me understand this foia please, thanks

[Going through 5,668]

From my understanding:

 

Basically, the letter is saying she illegally entered the US, and admitted to illegally entering the US.

The letter goes on to detail when she was detained, and why.

The letter ends by saying that after she appears in court (and looks like she will remain in detainment until court), she has the option to voluntarily leave the US.  

Edited September 27, 2017 by Going through

[caliliving 606]

not sure what a BCC card is. but looks like they will voluntary deport her:/ basically she got pulled over from a traffic stop and cited and admitted for being in the usa and crossing illegally:/ 

is she married to a USC? 

[Skymusic 2]

1 hour ago, Going through said:

From my understanding:

 

Basically, the letter is saying she illegally entered the US, and admitted to illegally entering the US.

The letter goes on to detail when she was detained, and why.

The letter ends by saying that after she appears in court (and looks like she will remain in detainment until court), she has the option to voluntarily leave the US.  

Thanks for the reply. We asked for my mothers foia a couple of months ago and we received this. She got Voluntary return that day. That was back in 2007 and she came back. So she didn’t get no Expedited removal nor she didn’t have any prior expedited removal?

[Skymusic 2]

21 minutes ago, caliliving said:

not sure what a BCC card is. but looks like they will voluntary deport her:/ basically she got pulled over from a traffic stop and cited and admitted for being in the usa and crossing illegally:/ 

is she married to a USC? 

Yes they did Voluntary return her in 2007 and then she came back the next day(shes my mother). The reason we ordered her foia is to see if she had any prior expedited removal but it doesn’t say anything only about one Voluntary return, am i right? She’s about to marry her bf and he wants to petition her and go 601a route but we were scared she had prior expedited removal and get denied at the mexican consulate

[Hypnos 6,576]

BCC is a Border Crossing Card. It's a document that acts much like a B-2 visa and is usually issued to citizens of Mexico that live near the border and regularly visit the US. 

[Going through 5,668]

41 minutes ago, Skymusic said:

Yes they did Voluntary return her in 2007 and then she came back the next day(shes my mother). T

How did she cross the border the second time?  With or without inspection?

[Going through 5,668]

50 minutes ago, Skymusic said:

The reason we ordered her foia is to see if she had any prior expedited removal but it doesn’t say anything only about one Voluntary return, am i right? She’s about to marry her bf and he wants to petition her and go 601a route but we were scared she had prior expedited removal and get denied at the mexican consulate

One of the thing that confuses people is that even though someone leaves voluntarily, that doesn't mean they were not placed in removal proceedings/ordered deportation.  She left voluntarily only because she was caught after 6 months of being here illegally and processed through the court system---it is not as if she left on her own accord before all of that happened.

 

The option to "voluntarily return" is more like them saying " we can do this the easy way or the hard way. "

 

I'm not saying anything bad about your mother, just stating what led up to her "voluntarily leaving".

Edited September 28, 2017 by Going through

[geowrian 22,336]

It sounds like she had a BCC, but that was cancelled because she violated the terms of it. Then she entered without inspection, got caught at a traffic stop, and was permitted a voluntary return. Correct? If so, what happened with the BCC to cause it to become canceled?

[Skymusic 2]

48 minutes ago, geowrian said:

It sounds like she had a BCC, but that was cancelled because she violated the terms of it. Then she entered without inspection, got caught at a traffic stop, and was permitted a voluntary return. Correct? If so, what happened with the BCC to cause it to become canceled?

Yes that’s correct. She was just residing here in the US and thats why it got cancelled. The big question for us is, the first time that her Bcc got canceled she got sent back to mexico walking but we don’t know what kind of process was that, it had to be something because she got sent back to mexico when they saw she was residing in the US. Police went home because some other stuff and told her “you know you can’t be living in the US with a bcc visa right?” Then they call border patrol. Then she came back and got stopped by traffic routine and again she got sent back but as Voluntary Return as it says in the foia. But the first time we don’t know what kind of deportation was it if, withdrawal of application, catch and release or expedited removal. Thats the reason we requested her foia

[Skymusic 2]

3 hours ago, Going through said:

How did she cross the border the second time?  With or without inspection?

She crossed without inspection. We really need to know if she got any bans so we can proceed with her 601a route and consulate but if she indeed get any bans and crossed without inspection thats a big reason to get denied at the mexican consulate even with a 601a approved 

[Roel 7,191]

So.. she crossed without inspection SECOND time? Knowing that's a bad thing? I mean, that won't help you with this case.

[Hypnos 6,576]

9C might be in play, which is a lifetime bar only waiverable after being outside the US for 10 years.

[Going through 5,668]

6 hours ago, Skymusic said:

She crossed without inspection. We really need to know if she got any bans so we can proceed with her 601a route and consulate but if she indeed get any bans and crossed without inspection thats a big reason to get denied at the mexican consulate even with a 601a approved 

Was not a good idea to cross the border illegally again, not to mention only within 24 hours of being sent back the first time.

They will have a record of both illegal crossings, as well as the cancelled BCC, and it will appear that her intention is to continuously disrespect immigration law by fraudulent means.  USCIS takes immigration fraud extremely seriously, no matter how long ago it happened.

 

Even there was no actual ban in place (and there is probably one now after the 2nd crossing so quickly), she will have a tough time at the consulate.

[geowrian 22,336]

6 hours ago, Hypnos said:

9C might be in play, which is a lifetime bar only waiverable after being outside the US for 10 years.

That's what I was thinking as well...which is why the dates are important, including the BCC entry. 9C only kicks in after a year of unlawful presence then the EWI, and the dates provided so far are less than that.

Edited September 28, 2017 by geowrian