Multiple illegal entries

[Boiler 43,827]

Not something you get when you enter illegally.

[SusieQQQ 11,585]

6 minutes ago, Boiler said:

Not something you get when you enter illegally.

Yep but wasn't there a query about whether the US would know he'd left in 2009, and he did fly out?

[Sidney and Dennis 40]

13 minutes ago, SusieQQQ said:

Yep but wasn't there a query about whether the US would know he'd left in 2009, and he did fly out?

Yes the whole point of this was would it come up in the interview that he left in 2009 because so far no one has mentioned it and all his waivers were approved and now all that’s left is the interview.

[Pennycat 880]

1 hour 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.

 

It's not "okay" but that's what the 601-a waiver process is. For people without a legal entry, they can't adjust status because there is not status to adjust FROM. So they need to apply for a fiance or spouse visa, including medicals and interview abroad. But because they entered without inspection, they are inadmissible. a 601-a waiver applies to waive that inadmissibility  so that they CAN leave the US for the interview and be allowed back in.  They could leave for their home countries as soon as they apply and hope it is approved but because they're not sure if it will be approved, most people stay as long as they can and again while not "okay" is understandable.

 

However. The 601-a waiver works only if they've entered without inspection *once*. Not twice. Her friend has done this twice, but his lawyer only knows about the once. OP is thinking that the US government will know about the second time because they will see his claim that he was in the US continually from 2001 but that in 2009 he got on an airplane for Costa Rica. And then in 2017 is back in the US. Simple math shows two entries without inspection.

[Sidney and Dennis 40]

26 minutes ago, Boiler said:

Not something you get when you enter illegally.

And I don’t know about the i94 stuff cuz I’m a United States citizen I was born here and idc what they look up on me I just don’t travel much so I don’t know these things. I drive if I go somewhere mostly 

[Sidney and Dennis 40]

4 minutes ago, CatherineA said:

 

It's not "okay" but that's what the 601-a waiver process is. For people without a legal entry, they can't adjust status because there is not status to adjust FROM. So they need to apply for a fiance or spouse visa, including medicals and interview abroad. But because they entered without inspection, they are inadmissible. a 601-a waiver applies to waive that inadmissibility  so that they CAN leave the US for the interview and be allowed back in.  They could leave for their home countries as soon as they apply and hope it is approved but because they're not sure if it will be approved, most people stay as long as they can and again while not "okay" is understandable.

 

However. The 601-a waiver works only if they've entered without inspection *once*. Not twice. Her friend has done this twice, but his lawyer only knows about the once. OP is thinking that the US government will know about the second time because they will see his claim that he was in the US continually from 2001 but that in 2009 he got on an airplane for Costa Rica. And then in 2017 is back in the US. Simple math shows two entries without inspection.

Thank you for explaining but the other thing is that In 2009 when he left he came back like a few months later but yes everything ur saying is FACTS 👌🏾

[acidrain 325]

8 minutes ago, CatherineA said:

 

It's not "okay" but that's what the 601-a waiver process is. For people without a legal entry, they can't adjust status because there is not status to adjust FROM. So they need to apply for a fiance or spouse visa, including medicals and interview abroad. But because they entered without inspection, they are inadmissible. a 601-a waiver applies to waive that inadmissibility  so that they CAN leave the US for the interview and be allowed back in.  They could leave for their home countries as soon as they apply and hope it is approved but because they're not sure if it will be approved, most people stay as long as they can and again while not "okay" is understandable.

 

However. The 601-a waiver works only if they've entered without inspection *once*. Not twice. Her friend has done this twice, but his lawyer only knows about the once. OP is thinking that the US government will know about the second time because they will see his claim that he was in the US continually from 2001 but that in 2009 he got on an airplane for Costa Rica. And then in 2017 is back in the US. Simple math shows two entries without inspection.

Thank you for clarifying and providing a detailed explanation for this rule.

 

This particular case will either go one of two ways:

1) The consulate won't care about the second illegal entry or will not look closely at it. They approve the case citing they don't want to break up the family

2) The consulate baits the illegal immigrant into coming back to their country so they can auto deport them

 

It's an interesting case study no matter what side of immigration you stand on.

Edited November 28, 2017 by acidrain

[Pennycat 880]

6 minutes ago, Sidney and Dennis said:

Thank you for explaining but the other thing is that In 2009 when he left he came back like a few months later but yes everything ur saying is FACTS 👌🏾

Right so two entries though. The one he admitted to in 2001, and another in 2009. They don't care about "continuous residence". They care about the number of times you cross the border illegally. So it doesn't matter if he left the US for 2 hours or 2 years. 

 

So they'll see his claim that he EWI'd (entered without inspection) in 2001. Then (maybe?) see that he exited in 2009. And then see that he applied from inside the US in 2017, and not see a legal entry. They can connect the dots and see the second EWI. Maybe they won't know when the second EWI was but they don't care if it was just a few weeks. They (may) know that it happened just by the fact that he was in the US in 2017 and doesn't have a record of legal entry.

 

The only thing possible is... did he come on some kind of visa in 2001? Then overstayed it, left for Costa Rica and came back without inspection? Then the 601-a works. But it doesn't sound like it.

 

So the big question is will USCIS/ State Department know that he left and came back in 2009? I personally don't know that answer. His lawyer probably would, but he's not being honest with his lawyer. I'd reeeallllly encourage this friend to come clean to the lawyer because he's about to dig this hole even deeper--- lying for immigration benefits is a lifetime ban!

Edited November 28, 2017 by CatherineA

[Sidney and Dennis 40]

7 minutes ago, CatherineA said:

Right so two entries though. The one he admitted to in 2001, and another in 2009. They don't care about "continuous residence". They care about the number of times you cross the border illegally. So it doesn't matter if he left the US for 2 hours or 2 years. 

 

So they'll see his claim that he EWI'd (entered without inspection) in 2001. Then (maybe?) see that he exited in 2009. And then see that he applied from inside the US in 2017, and not see a legal entry. They can connect the dots and see the second EWI. Maybe they won't know when the second EWI was but they don't care if it was just a few weeks. They (may) know that it happened just by the fact that he was in the US in 2017 and doesn't have a record of legal entry.

 

The only thing possible is... did he come on some kind of visa in 2001? Then overstayed it, left for Costa Rica and came back without inspection? Then the 601-a works. But it doesn't sound like it.

 

So the big question is will USCIS/ State Department know that he left and came back in 2009? I personally don't know that answer. His lawyer probably would, but he's not being honest with his lawyer. I'd reeeallllly encourage this friend to come clean to the lawyer because he's about to dig this hole even deeper--- lying for immigration benefits is a lifetime ban!

Pretty much he’s screwed if they find it because he lied about it and the waiver is only good for one entry anyways. So yea no one has the exact answer but we are all aware of his consequences for his lying actions. He’s made up his mind that he is going so all anyone can do is wait for the results and I’m just thankful I’m not in this situation honestly. This is all on him

[geowrian 22,336]

50 minutes ago, SusieQQQ said:

Yep but wasn't there a query about whether the US would know he'd left in 2009, and he did fly out?

The departure was very likely recorded in computer systems, but no I-94 is/was issued so there's nothing to look up (although a FOIA request may show if the departure was recorded...I'm not sure, though).

 

23 minutes ago, acidrain said:

This particular case will either go one of two ways:

1) The consulate won't care about the second illegal entry or will not look closely at it. They approve the case citing they don't want to break up the family

2) The consulate baits the illegal immigrant into coming back to their country so they can auto deport them

It's not possible that they won't care or will issue a visa because they don't want to break up the family. Law is law here...there's no discretion on the CO's part if it gets discovered.

In the very, very small likelihood that it's not discovered now, he could have LPR status or citizenship revoked later if they discover it. One angry tipster (and likely years later) and this all blows up.

[Sidney and Dennis 40]

10 minutes ago, geowrian said:

The departure was very likely recorded in computer systems, but no I-94 is/was issued so there's nothing to look up (although a FOIA request may show if the departure was recorded...I'm not sure, though).

 

It's not possible that they won't care or will issue a visa because they don't want to break up the family. Law is law here...there's no discretion on the CO's part if it gets discovered.

In the very, very small likelihood that it's not discovered now, he could have LPR status or citizenship revoked later if they discover it. One angry tipster (and likely years later) and this all blows up.

All this is true but I guess we will see when the time comes and I will gladly let everyone know 

[acidrain 325]

46 minutes ago, geowrian said:

It's not possible that they won't care or will issue a visa because they don't want to break up the family. Law is law here...there's no discretion on the CO's part if it gets discovered.

In the very, very small likelihood that it's not discovered now, he could have LPR status or citizenship revoked later if they discover it. One angry tipster (and likely years later) and this all blows up.

I totally hear what you are saying. The reason I bring up this scenario is when I worked for the Government (in Canada) I could not believe some of my colleagues would look the other way on an eligibility decision. I am guessing that's what his friend is hoping for in his situation.

 

What surprises me the most when I go through VJ and read through hundreds of stories is how uncommon a denial is. I thought upon our denial at the border the US was tough on immigration. But it's incredible the different scenarios that are approved. I wonder if it has to do with the fact the decision is based on an in person interview?

 

Your right that failure to disclose this information could cost this person their green card in the future. All it takes is the wrong person getting a hold of this information and calling USCIS. This often happened when I worked at Government too and when someone is exposed for fraud it is very serious. The situation turns criminal and those who approved usually face an investigation themselves. I find it unlikely myself something this serious would be shrugged off but don't know the consulate.

Edited November 28, 2017 by acidrain

[Sidney and Dennis 40]

7 minutes ago, acidrain said:

I totally hear what you are saying. The reason I bring up this scenario is when I worked for the Government (in Canada) I could not believe some of my colleagues would look the other way on an eligibility decision. I am guessing that's what his friend is hoping for in his situation.

 

What surprises me the most when I go through VJ and read through hundreds of stories is how uncommon a denial is. I thought upon our denial at the border the US was tough on immigration. But it's incredible the different scenarios that are approved. I wonder if it has to do with the fact the decision is based on an in person interview?

 

Your right that failure to disclose this information could cost this person their green card in the future. All it takes is the wrong person getting a hold of this information and calling USCIS. This often happened when I worked at Government too and when someone is exposed for fraud it is very serious. The situation turns criminal and those who approved usually face an investigation themselves. I find it unlikely myself something this serious would be shrugged off but don't know the consulate.

Yea I guess every situation is different I’m not sure. I know definitely they will not turn a blind eye if it is discovered but I was just curious as to what these people know and don’t know 

[Californiansunset 332]

I know this seems to have been mentioned multiple times but just to add my two cents:

 

I had a missing departure record on my I-94 a few years ago (which apparently happens quite often to J1 visa holders when they departure for some reason... I know two other people that happened to as well). Since one of my friends had problems later due to that missing departure record when she tried to enter the US again, she told me to try to fix my I-94. I had already entered the US again and all of a sudden realized why I was questioned so much at the last POE and why the officer was so confused and kept on asking me whether I am still on my J1 visa... he couldn't find my previous departure on my I-94.  I collected proof that I had lived in my home country after the J1 visa stay and that I had left before my J1 expired and sent it to the CBP office that fixes I-94 records. I called that office a few weeks later to see what's going on with my case and the guy on the phone looked into my case and said that since I've been let into the country again that they have records of me departing back then and that there wasn't a need to fix it. The CBP officer was able to retrieve that info from somewhere else and that is why I was allowed into the US. He said if the CBP officer at my POE hadn't found that record of me departing, they would've not let me in. When I asked "how?" the guy just answered "we have other sources". 

 

So to sum it up: They definitely know when you leave on an international flight, I think it's just the question whether they dig deep enough to find it, especially when you go for an immigrant visa and there's already a waiver filed for illegal presence. 

 

Also for everyone saying he should get his I-94 and see what it says... they unfortunately didn't start the electronic I94 until like 2012.

Edited November 28, 2017 by Californiansunset

[maryLu 58]

They know more than we thing they know. I have gotten my FOIA back, on my arrival departure records they have the date. flight number, airline, and the airports I flew in to & from. Lying will only make things worst.  (that's my opinion)