CBP encounter and 601a waiver

[trac3rt 64]

Hi everyone,

Back in 2003 I had an encounter with CBP in the desert during an attempt to enter the US without inspection (illegally). I was 14 years old. Within a few hours I was fingerprinted and escorted back to Mexico. Two weeks later I entered the US without inspection and have not left the US since then.

Fast forward to today. I have an approved I-130 application through my USC spouse and I know I need to apply for the 601a to waive the unlawful presence in the US, but I wonder if my encounter with CBP will be separate issue that may require an additional waiver.

I've been reading that these types of detentions, which are common for Mexicans citizens, are usually considered "voluntary returns/departures" and don't affect the visa application.

Has anyone went through a similar experience and successfully received their IR1/CR1 visa (permanent residence)?

Thank you

[enriquezae 1]

I would definitely seek advice of an immigration attorney if you have not already. When we filed the I-601a waiver, our attorney clarified with my husband many times to make sure he only had one border crossing. (He crossed one time at age 19, and we filed for the waiver 11 years later). I think more than one crossing would complicate things, although not necessarily cause a denial. But you do have to be up front so it doesn't look like you are lying, regardless of how old you were when it happened. Sometimes attorney's will do a free consult visit, and then you can figure out what would be required and if you would need representation for the rest of your process. 

[trac3rt 64]

That's exactly what I am trying to figure out. I know I have one failed attempt to enter the country and one (successful) unlawful crossing.

 

So, according to the immigration laws, how many times have i been in the US? Once? or twice?

 

Thanks