Waiver could be requirer if cross illegally to US from Mexico paying a "coyote"?

[RodAguilar 1]

While consular interview for petition of mother, if say she cross to us paying a coyote 30 years ago, this could apply a waiver?

[appleblossom 4,763]

12 minutes ago, RodAguilar said:

While consular interview for petition of mother, if say she cross to us paying a coyote 30 years ago, this could apply a waiver?

 

Did you follow the advice given on your previous thread? 

 

[RICARDO4EVA2 199]

35 minutes ago, RodAguilar said:

While consular interview for petition of mother, if say she cross to us paying a coyote 30 years ago, this could apply a waiver?

Individuals who enter the United States without inspection are generally ineligible for adjustment of status. The standard procedure involves consular processing, which may trigger a ban, necessitating a waiver application.

[Crazy Cat 45,086]

31 minutes ago, RICARDO4EVA2 said:

Individuals who enter the United States without inspection are generally ineligible for adjustment of status. The standard procedure involves consular processing, which may trigger a ban, necessitating a waiver application.

It could require multiple waivers.

[RodAguilar 1]

3 hours ago, RICARDO4EVA2 said:

Individuals who enter the United States without inspection are generally ineligible for adjustment of status. The standard procedure involves consular processing, which may trigger a ban, necessitating a waiver application.

she has been living in Mexico since 1996

[RodAguilar 1]

4 hours ago, appleblossom said:

 

Did you follow the advice given on your previous thread? 

 

Yes, but I need to lnow if the way she cross will apply a waiver, because she returns by her own in 1996 and since then she has been living in Mexico

[RodAguilar 1]

3 hours ago, Crazy Cat said:

It could require multiple waivers.

but she returns to Mexico in 1996 and since then not return to US.

[appleblossom 4,763]

29 minutes ago, RodAguilar said:

Yes, but I need to lnow if the way she cross will apply a waiver, because she returns by her own in 1996 and since then she has been living in Mexico

 

See the response in your other thread. She just needs to go for the interview and see if she is required to get a waiver. 

[appleblossom 4,763]

Also, just to confirm you're a US citizen? I only ask because you've posted this in the section of the forum for LPR's who wish to bring relatives to the US, and LPR's can't petition parents.

 

How did you get your LPR status and citizenship?

 

 

[RodAguilar 1]

3 hours ago, appleblossom said:

Also, just to confirm you're a US citizen? I only ask because you've posted this in the section of the forum for LPR's who wish to bring relatives to the US, and LPR's can't petition parents.

 

How did you get your LPR status and citizenship?

 

 

I am US citizen by birth

[appleblossom 4,763]

42 minutes ago, RodAguilar said:

I am US citizen by birth

So presumably born after your mother crossed the border - how long was she in the US for overall?

 

I’ve moved your thread to the Bringing Family Members of USC’s to America forum btw. 

[RodAguilar 1]

15 minutes ago, appleblossom said:

So presumably born after your mother crossed the border - how long was she in the US for overall?

 

I’ve moved your thread to the Bringing Family Members of USC’s to America forum btw. 

Yes, I born after she crooss to US, she was from 1990 to 1996 and then return to Mexico by her own, and never tried to return to US

[appleblossom 4,763]

7 hours ago, RodAguilar said:

Yes, I born after she crooss to US, she was from 1990 to 1996 and then return to Mexico by her own, and never tried to return to US

And you’re living in the US now? What stage is her application at?

 

I think you’ll just have to wait and see what happens at interview. 

[Demise 1,454]

20 hours ago, RodAguilar said:

While consular interview for petition of mother, if say she cross to us paying a coyote 30 years ago, this could apply a waiver?

 

None of the things noted in the other thread should be applicable. The inadmissibility for Entry Without Inspection disappears the moment one leaves the US and is basically a dead letter in ways that aren't relevant here. None of the unlawful presence associated bans (3, 10, or lifetime) would apply since they didn't come into effect until the effective date of IIRIRA in 1997.

 

There is the very slight chance that they could slap her with "alien smuggling" however that is unlikely. The section of law in question boils down to "any other alien", i.e. one cannot get it for smuggling themself in. Basically she'd need to arrange for someone else to get smuggled in, and if that someone was a parent, spouse, son, or daughter - then there's a waiver available. 

 

All in all, I think she'll be fine. 

 

 

[RodAguilar 1]

2 hours ago, Demise said:

 

None of the things noted in the other thread should be applicable. The inadmissibility for Entry Without Inspection disappears the moment one leaves the US and is basically a dead letter in ways that aren't relevant here. None of the unlawful presence associated bans (3, 10, or lifetime) would apply since they didn't come into effect until the effective date of IIRIRA in 1997.

 

There is the very slight chance that they could slap her with "alien smuggling" however that is unlikely. The section of law in question boils down to "any other alien", i.e. one cannot get it for smuggling themself in. Basically she'd need to arrange for someone else to get smuggled in, and if that someone was a parent, spouse, son, or daughter - then there's a waiver available. 

 

All in all, I think she'll be fine. 

 

 

That is my worry, she could need a waiver by "smuggling" just for paid a "coyote"

5 hours ago, appleblossom said:

And you’re living in the US now? What stage is her application at?

 

I think you’ll just have to wait and see what happens at interview. 

I am living in USA, currently Form I 130 is aproved