Multiple illegal entries

[acidrain 325]

8 minutes ago, Sidney and Dennis said:

He is very stubborn so he will do what he wants on his own. I’ve given him my thoughts but he is thinks they won’t find out so he’s gonna go 

Just out of curiosity where is your friend now? Is he inside the US or in his country abroad?

[Sidney and Dennis 40]

1 minute ago, Boiler said:

Why would he have problems leaving? The only thing they might care about is that he left.

 

The issue was entering Honduras and I assume he had a Passport to allow him to do so.

Costa rica* not Honduras but yes 

[Sidney and Dennis 40]

1 minute ago, acidrain said:

Just out of curiosity where is your friend now? Is he inside the US or in his country abroad?

He is in the us and about to leave to his home country soon

[Sidney and Dennis 40]

9 minutes ago, acidrain said:

I'd love to be a fly on the wall during that interview. Please share what the outcome is or if you ever talk to him again.

Agreed. Me too but yes I will let everyone know... hopefully this topic will stay up for the next few weeks and if it doesn’t I will make a new one with the same title “multiple illegal entries”

[acidrain 325]

Oh boy the plot thickens. I'm sorry if I am picking on your friend. I wonder why he didn't do AOS? Is it because he never had a legal entry?

 

One of the conditions of the consulate abroad process is that the non USC lives for the majority of time in their country. I presume your friend has been in the US for the entire duration of the IR1 process?

 

The reason I bring this up is I am heavily scrutinized at the border and customs gets a calculator (literally) to determine how many days I spend in the US vs Canada. I have been advised by my lawyer and the border if I didn't return home after a 1-2 week visit the consulate may consider a longer trip as living in the US (or having stronger ties in the US thus making me a US resident). I was told living in the US during the IR-1 process is illegal unless you qualify for AOS.

 

If he has been in consultation with a lawyer I would presume he would've told your friend. Or at least I hope so.

[Sidney and Dennis 40]

1 minute ago, acidrain said:

Oh boy the plot thickens. I'm sorry if I am picking on your friend. I wonder why he didn't do AOS? Is it because he never had a legal entry?

 

One of the conditions of the consulate abroad process is that the non USC lives for the majority of time in their country. I presume your friend has been in the US for the entire duration of the IR1 process?

 

The reason I bring this up is I am heavily scrutinized at the border and customs gets a calculator (literally) to determine how many days I spend in the US vs Canada. I have been advised by my lawyer and the border if I didn't return home after a 1-2 week visit the consulate may consider a longer trip as living in the US (or having stronger ties in the US thus making me a US resident). I was told living in the US during the IR-1 process is illegal unless you qualify for AOS.

 

If he has been in consultation with a lawyer I would presume he would've told your friend. Or at least I hope so.

Yes I said he was approved on his 601a, it forgives his unlawful presence in the us. BUT ONLY FOR 1 ENTRY. So he lied I think to the lawyer and said he has been here continuously since 2001 and now somehow he mentioned it to the lawyer when he found out his interview date 

[acidrain 325]

Just now, Sidney and Dennis said:

Yes I said he was approved on his 601a, it forgives his unlawful presence in the us. BUT ONLY FOR 1 ENTRY. So he lied I think to the lawyer and said he has been here continuously since 2001 and now somehow he mentioned it to the lawyer when he found out his interview date 

It sounds like he did Consulate Abroad which one of the main requirements is the non US citizen has to spend the majority of time in their home country.

 

If he did not do that there is a high probability his Visa is going to be denied just on that basis alone.

 

A person might (I say might loosely) get away with spending the first six months with their spouse and then spending the last six months in their home country. You would be doubling down on an understanding consulate officer and the "I didn't know claim". I was told even for our family in which we have a small child and from Canada to not do this as it could be grounds for denial.

[Sidney and Dennis 40]

15 minutes ago, acidrain said:

It sounds like he did Consulate Abroad which one of the main requirements is the non US citizen has to spend the majority of time in their home country.

 

If he did not do that there is a high probability his Visa is going to be denied just on that basis alone.

 

A person might (I say might loosely) get away with spending the first six months with their spouse and then spending the last six months in their home country. You would be doubling down on an understanding consulate officer and the "I didn't know claim". I was told even for our family in which we have a small child and from Canada to not do this as it could be grounds for denial.

No that’s all wrong everything he’s done so far is correct except the lying he is already illegal and married a usc and filed an I 130 and 601a and that’s all fine the only issue he has is the lie with entering the us twice instead of once illegally. I just did the same process so everything he is doing now is by the book except that lie 

[acidrain 325]

1 minute ago, Sidney and Dennis said:

No that’s all wrong everything he’s done so far is correct except the lying he is already illegal and married a usc and filed an I 130 and 601a and that’s all fine the only issue he has is the lie with entering the us twice instead of once illegally. I just did the same process so everything he is doing now is by the book except that lie 

So it's okay to continue to live illegally in the US during the Consulate Abroad process just as long as you fill out a waiver? Seriously?

His case sounds very complicated and I actually feel bad for whatever consulate officer gets it. I am having a hard time wrapping my head around the legalities of everything.

[Sidney and Dennis 40]

4 minutes ago, acidrain said:

So it's okay to continue to live illegally in the US during the Consulate Abroad process just as long as you fill out a waiver? Seriously?

His case sounds very complicated and I actually feel bad for whatever consulate officer gets it. I am having a hard time wrapping my head around the legalities of everything.

He’s already here illegally so yes he will continue to live illegal until his interview and if it goes well he flies back to the us legally it’s not complicated many people do the same thing that’s irrelevant to all this hahah

[acidrain 325]

4 minutes ago, Sidney and Dennis said:

He’s already here illegally so yes he will continue to live illegal until his interview and if it goes well he flies back to the us legally it’s not complicated many people do the same thing that’s irrelevant to all this hahah

I can honestly say I did not know that. I would've assumed immigration rules and residency requirements would apply the same to everyone. Even a higher bar for people who are living illegally but I guess I am wrong.

[SusieQQQ 11,585]

12 minutes ago, Sidney and Dennis said:

He’s already here illegally so yes he will continue to live illegal until his interview and if it goes well he flies back to the us legally it’s not complicated many people do the same thing that’s irrelevant to all this hahah

"haha"? beginning to understand why the current administration is so keen to crack down on illegals.

 

 

Back to topic, have i missed this somewhere - can't the dude just look up his I94 online and see what record the US has of arrival and departure? (though yes I know it's not complete)

[Sidney and Dennis 40]

4 minutes ago, acidrain said:

I can honestly say I did not know that. I would've assumed immigration rules and residency requirements would apply the same to everyone. Even a higher bar for people who are living illegally but I guess I am wrong.

Yes I know the system is weird but he married a usc and they have a child and he filed the family waiver (I130) and the forgiveness for unlawful presence waiver (601a) and then you have to go to an interview abroad so u can reenter the us legally and become a lawful permanent resident 

[Boiler 43,788]

1 hour ago, Sidney and Dennis said:

Costa rica* not Honduras but yes 

Ooops

[Sidney and Dennis 40]

1 minute ago, SusieQQQ said:

"haha"? beginning to understand why the current administration is so keen to crack down on illegals.

 

 

Back to topic, have i missed this somewhere - can't the dude just look up his I94 online and see what record the US has of arrival and departure? (though yes I know it's not complete)

I said haha because I don’t want to sound rude by me saying all this is irrelevant because I can tell the person had a legitimate question I’m not taking this whole situation as a joke I started this topic because I had a real question I don’t want to argue with people or come off as rude so don’t read so hard into the haha. It’s hard to read someone’s tone online so I don’t want to come off as mean so I’d appreciate the same in return. I went through this and it was serious for my situation so I’m not making this all a joke thank you but I’m clueless on the whole i94 thing and looking it up