Help to understand FOIA

[Skymusic 2]

Oh ok. What i was asking if she got any bans but if she left and didn’t trigger any bans thats fine? No she didn’t commit any crime at all because I remember everything. My father which he did commit crime got arrested that day but just him. Police took us to ask us questions about my father but that was it and then border patrol took my mother and that was it. But why would it say criminal history, I’m sure its about my fathers incident but she wasn’t involved at all

Edited September 29, 2017 by Skymusic

[jan22 2,912]

12 hours ago, Skymusic said:

Oh ok. What i was asking if she got any bans but if she left and didn’t trigger any bans thats fine? No she didn’t commit any crime at all because I remember everything. My father which he did commit crime got arrested that day but just him. Police took us to ask us questions about my father but that was it and then border patrol took my mother and that was it. But why would it say criminal history, I’m sure its about my fathers incident but she wasn’t involved at all

I' m not sure you've got it right.  I believe your mother may very well have a 9C ineligibility, but can't be 100% sure.  She didn't trigger a ban when she left the US; rather, she likely did that when she re-entered after having left.

 

Your mother was unlawfully present in the US in 2005.  You said "border patrol took [her]...", her BBC was cancelled, and she went back to Mexico.  That has all the signs of an official removal from the US.  If it was, then her EWI entry in 2007 triggered a 9C ineligibility for having re-entered the US without inspection after a removal.

[geowrian 22,336]

9 minutes ago, jan22 said:

her BBC was cancelled

Good. Nobody wants to watch that anymore.

 

Agreed...what happened with the BCC is potential key here.

Edited September 29, 2017 by geowrian

[jan22 2,912]

3 minutes ago, geowrian said:

Good. Nobody wants to watch that anymore.

 

Agreed...what happened with the BCC is potential key here.

LOL....good thing great typing and proofreading skills were never a job requirement for my jobs!  

[Skymusic 2]

But if she indeed had an expedited removal in 2005 and came back and again in 2007 she got apprehended, would’ve she get Reinstatement of Removal asap instead of Voluntary return? I’ve read once you were formally removed and come back and get caught, you get Reinstatement of Removal 

[jan22 2,912]

24 minutes ago, Skymusic said:

But if she indeed had an expedited removal in 2005 and came back and again in 2007 she got apprehended, would’ve she get Reinstatement of Removal asap instead of Voluntary return? I’ve read once you were formally removed and come back and get caught, you get Reinstatement of Removal 

As I said earlier, things don't always work the same on the border.  Very few cases go through immigration court (which a reinstatement would require)....given the option, many (most?) Mexican nationals choose to depart voluntarily because it's faster and less time in detention.  Doesn't mean they weren't officially removed from the US.

[Skymusic 2]

Oh another thing to point out guys is that some guy that used to be a CBP official retired himself and called his ex-coworkers to check my mothers name to see what comes out and only voluntary return came out in their system.

[Going through 5,668]

12 hours ago, Skymusic said:

Oh another thing to point out guys is that some guy that used to be a CBP official retired himself and called his ex-coworkers to check my mothers name to see what comes out and only voluntary return came out in their system.

Again, as mentioned a few times in this thread, "Voluntary Removal" is still an order of removal/deportation.

Your mother chose the option of voluntary removal---that doesn't negate the fact that there was an order for her to be removed.  She just chose the "less messy" of the options available to her for her departure (less detention time).

 

Any ban in place was probably triggered after her second attempt at re-entry, since she was ordered removed before. 

[Skymusic 2]

What about me guys? When in 2005 they asked us questions about father which at that time I was a minor the police then sent us to border patrol station and told my mom we couldn’t be here living with a border crossing card. Then they sent us all to mexico walking which we lived in the border. I came back as ewi and since then i been here and now married to a us. Basically I only have one ewi. But I’m trying to find out if in 2005 we got expedited removal, application withdrawal, or throwback

[Going through 5,668]

2 hours ago, Skymusic said:

What about me guys? When in 2005 they asked us questions about father which at that time I was a minor the police then sent us to border patrol station and told my mom we couldn’t be here living with a border crossing card. Then they sent us all to mexico walking which we lived in the border. I came back as ewi and since then i been here and now married to a us. Basically I only have one ewi. But I’m trying to find out if in 2005 we got expedited removal, application withdrawal, or throwback

So you came back the second time without inspection later on as an adult as well?   What is your legal status in the US now?

[Skymusic 2]

2 hours ago, Going through said:

So you came back the second time without inspection later on as an adult as well?   What is your legal status in the US now?

All that happened to me when i was a kid. I was not aware of my own decisions. I’m married and could’nt get daca because i got diploma so late. I want to go the 601a route and consular process. I came back to the US when i was 14-15 and since then i been here. 

[Skymusic 2]

I have in my possession the Border crossing card because they only took away my moms. My mom only gave them hers and mine i still have it.

[Going through 5,668]

3 minutes ago, Skymusic said:

All that happened to me when i was a kid. I was not aware of my own decisions. I’m married and could’nt get daca because i got diploma so late. I want to go the 601a route and consular process. I came back to the US when i was 14-15 and since then i been here. 

 

5 hours ago, Skymusic said:

Then they sent us all to mexico walking which we lived in the border. I came back as ewi and since then i been here and now married to a us.

 I misunderstood.....from the above it sounded like you were saying you crossed back again years later as an adult.

[Going through 5,668]

You should get some consultations from immigration lawyers who could listen to your entire story, view any paperwork/documents you have on your situation and give you some advice on how to proceed, and what your chances might be.

 

 

[Skymusic 2]

4 hours ago, Going through said:

You should get some consultations from immigration lawyers who could listen to your entire story, view any paperwork/documents you have on your situation and give you some advice on how to proceed, and what your chances might be.

 

 

Thank you for answering

What I should really find out if i got expedited removal when I was a kid, My brother also requested his Foia because he was also a minor and same thing happened to all of us, his foia came out with no records found and only my moms had something.