caught crossing, then EWI. path to legalization?

[tlacuache 0]

Hello,

 

My wife EWI in 2007 after having been caught crossing illegally and sent back to Mexico 2 days prior.

 

Only 2 crossings: 1st unsuccessful, and 2nd one successful.

 

I'm an American citizen, we've been married for 3 years, and we have 2 kids together: 2 1/2 years and 3 months old.

 

Clean FBI check. Waiting for USCIS/CBP/ICE FOIA (however we're not confident it will show much relevant information, since she used an alias she can't recall the one time she was caught). Is there a way to send them fingerprints to aid with records lookup for the FOIA?

 

We don't know if the one time she was caught crossing and sent back, whether they did an expedited removal or something else.

 

We would like to know what are our options to get papers for her, including waiting for some years outside the USA (we're currently in the USA though). Is there a path for us to try the i601a route, or is there a permanent bar that would need to be overcome after staying 10 years abroad?

 

Thanks,

 

T.

[Boiler 45,670]

Obviously you are well beyond a DIY situation and need a competent Immigration Lawyer.

 

Difficult to comment without knowing what happened  

 

Second entry could well have resulted in a 9C, lifetime ban waiverable after 10 years.

 

I601a only works for illegal presence.

[geowrian 22,337]

What happened when she got caught the first time? You really need to find that out. There may be a 9C bar. That is a permanent bar that cannot even be waived until at least 10 years outside the US.

 

Only option for records really is the FOIA. I suggest seeking professional assistance to help submit a proper FOIA request given her alias used. This is beyond DIY now.

 

Also, the alias must be disclosed as a previous name used.

[Dalila Gonzalez 49]

1 hour ago, tlacuache said:

Hello,

 

My wife EWI in 2007 after having been caught crossing illegally and sent back to Mexico 2 days prior.

 

Only 2 crossings: 1st unsuccessful, and 2nd one successful.

 

I'm an American citizen, we've been married for 3 years, and we have 2 kids together: 2 1/2 years and 3 months old.

 

Clean FBI check. Waiting for USCIS/CBP/ICE FOIA (however we're not confident it will show much relevant information, since she used an alias she can't recall the one time she was caught). Is there a way to send them fingerprints to aid with records lookup for the FOIA?

 

We don't know if the one time she was caught crossing and sent back, whether they did an expedited removal or something else.

 

We would like to know what are our options to get papers for her, including waiting for some years outside the USA (we're currently in the USA though). Is there a path for us to try the i601a route, or is there a permanent bar that would need to be overcome after staying 10 years abroad?

 

Thanks,

 

T.

If they caught her on the US side, took her pints, and a photo and she did not wait the 5 years or whatever they told her or even if she did but she then crossed again without inspection, after said deportation she is automatically a permanent ban holder as far as I know. How could they prove it? Because of the deportation date and the later date of marriage in the US. You should really speak to an immigration attorney before submitting any paperwork because the rules have now changed and if she gets her case denied USCIS is now sending denials to ICE. I’m sorry I’m not trying to scare you I’m just stating the facts on the government website. Like I said speak to an immigration attorney ASAP

[tlacuache 0]

Thanks so much for all your responses!

 

1. When she was caught, fingerprinted and sent back across the border to Mexico, is there a chance they let her depart voluntarily and it didn't get recorded as an expedited removal (equivalent to a deportation iiuc)?
2. If she triggered the 9C bar, is there a path to overcome it while still in the USA, or only after 10 years abroad? (I think a possible path is to re-open the original expedited removal case, maybe we have a case by proving she didn't understand the documents written in English that she was made to sign and the warning that they must have given her)

Would leaving the USA now, cutting our losses (impossibility to legalize while in the USA), and assuming we'll be abroad for 10 years trigger an additional bar (count as a self deportation or some such thing)?

 

Finally, where should I look for a firm that would be able to help with our case? I've been researching some lawyers, but many seem to be familiar only with cases of less complexity.

 

Thanks again,

 

T.

 

PS: Thanks for highlighting the importance of getting information from them via FOIA request. We'll open another request listing the alias that she thinks she used as a previous name used.

[geowrian 22,337]

I would just note that AOS is not an option here at all (due to EWI). So the only thing to submit initially would be the I-130. They would have no basis to deny that based on her unlawful presence in the US, nor a reason to turn anything over to ICE at that time (although having her current US address in the immigration system does pose a risk).

 

The real issue is when she leaves the US to interview for the visa abroad...is there a 10 year bar due to the unlawful presence only (I-601A is useful here)? Is there a 9C permanent bar only waivable after 10 years outside the US? Are there any other potential bars (misrep?) that could be applied? That's something where details are needed (and professional assistance is very highly suggested).

 

52 minutes ago, tlacuache said:

1. When she was caught, fingerprinted and sent back across the border to Mexico, is there a chance they let her depart voluntarily and it didn't get recorded as an expedited removal (equivalent to a deportation iiuc)?
2. If she triggered the 9C bar, is there a path to overcome it while still in the USA, or only after 10 years abroad? (I think a possible path is to re-open the original expedited removal case, maybe we have a case by proving she didn't understand the documents written in English that she was made to sign and the warning that they must have given her)

Would leaving the USA now, cutting our losses (impossibility to legalize while in the USA), and assuming we'll be abroad for 10 years trigger an additional bar (count as a self deportation or some such thing)?

1. It is possible to be released without an official order of removal (deportation).
2. If there is a 9C bar, there is no way to overcome it within the US. One must remain outside the US for at least 10 consecutive years, then they become eligible for a waiver. If that waiver is granted, only then can a visa be issued (assuming they are otherwise eligible for it).
   1. Check with a good, qualified attorney that deals with these cases. That said, I would be wary of any that claim to be able to reopen the case and get it dismissed and avoid a 9C bar. Whether she knew she was deported or not isn't really the issue. That's like saying if I steal something from a store and get caught, then get put through some court-mandated deferred adjudication program but I didn't understand the details of it, that I didn't know that stealing again may result in a worse penalty. One knows their first action was illegal, then they repeated it...they can't claim they didn't understand the full consequences and therefore it shouldn't be held against them the second time.

Leaving the US would incur a 10 year bar for unlawful presence. But that doesn't really mean much if there's a permanent bar anyway.

That said, the key item is to find out the facts and determine if there is a 9C bar or not.

Good luck.

 

Edit: As for the fingerprints, it may be possible to get your own background check report and see if the record comes up that way. I can't say I have experience in this arena (other than FBI background checks for security clearances), but I have heard that others have done this with non-trivial success.

Edited August 3, 2019 by geowrian

[Boiler 45,670]

5 hours ago, tlacuache said:

I think a possible path is to re-open the original expedited removal case, maybe we have a case by proving she didn't understand the documents written in English that she was made to sign and the warning that they must have given her)

 

The documents will state what happened, what do they say?

[tlacuache 0]

17 hours ago, geowrian said:

I would just note that AOS is not an option here at all (due to EWI). So the only thing to submit initially would be the I-130. They would have no basis to deny that based on her unlawful presence in the US, nor a reason to turn anything over to ICE at that time (although having her current US address in the immigration system does pose a risk).

 

The real issue is when she leaves the US to interview for the visa abroad...is there a 10 year bar due to the unlawful presence only (I-601A is useful here)? Is there a 9C permanent bar only waivable after 10 years outside the US? Are there any other potential bars (misrep?) that could be applied? That's something where details are needed (and professional assistance is very highly suggested).

 

1. It is possible to be released without an official order of removal (deportation).
2. If there is a 9C bar, there is no way to overcome it within the US. One must remain outside the US for at least 10 consecutive years, then they become eligible for a waiver. If that waiver is granted, only then can a visa be issued (assuming they are otherwise eligible for it).
   1. Check with a good, qualified attorney that deals with these cases. That said, I would be wary of any that claim to be able to reopen the case and get it dismissed and avoid a 9C bar. Whether she knew she was deported or not isn't really the issue. That's like saying if I steal something from a store and get caught, then get put through some court-mandated deferred adjudication program but I didn't understand the details of it, that I didn't know that stealing again may result in a worse penalty. One knows their first action was illegal, then they repeated it...they can't claim they didn't understand the full consequences and therefore it shouldn't be held against them the second time.

Leaving the US would incur a 10 year bar for unlawful presence. But that doesn't really mean much if there's a permanent bar anyway.

That said, the key item is to find out the facts and determine if there is a 9C bar or not.

Good luck.

 

Edit: As for the fingerprints, it may be possible to get your own background check report and see if the record comes up that way. I can't say I have experience in this arena (other than FBI background checks for security clearances), but I have heard that others have done this with non-trivial success.

thanks for your detailed response!

12 hours ago, Boiler said:

The documents will state what happened, what do they say?

we don't know yet, as we're waiting for FOIA to come back...