Skymusic

I just received my foia and it says “Subjects was granted Voluntary Return in company of his mother. Subject served with i-826 and voluntary return to mexico as per SBPA. Subject last entered as a non immigrant visitor. Subject entered with the intention of residing independently therefore he is Inadmissible as sec 212a7aii. What are my odds of this guys? Im so pissed because those were my parents actions because at that time i was 14 and didn’t choose to come to the US with the BCC to stay. It happened in 2005. How can I become a permanent resident? I’m married to a USC 

6 hours ago, Going through said:

Did you get the FOIA on your father?  You had mentioned earlier he was arrested as well at the border.  

An immigration lawyer (not a "regular" lawyer) should be able to help you in better determining what happened in your mother's case after viewing your documents and hearing any other information you may have on it.

My father indeed get arrested and spent time in jail years. Mother got sent back to mexico with us (when we were kids). My brother requested Foia and no results were found (probably because at the time he was also a minor like me). Mother did get results on foia but only talks about 1 voluntary return. I also requested foia and waiting for results. Does CBP Foia release if you had a prior expedited removal?

4 hours ago, Going through said:

You should get some consultations from immigration lawyers who could listen to your entire story, view any paperwork/documents you have on your situation and give you some advice on how to proceed, and what your chances might be.

 

 

Thank you for answering

What I should really find out if i got expedited removal when I was a kid, My brother also requested his Foia because he was also a minor and same thing happened to all of us, his foia came out with no records found and only my moms had something.

I have in my possession the Border crossing card because they only took away my moms. My mom only gave them hers and mine i still have it.

2 hours ago, Going through said:

So you came back the second time without inspection later on as an adult as well?   What is your legal status in the US now?

All that happened to me when i was a kid. I was not aware of my own decisions. I’m married and could’nt get daca because i got diploma so late. I want to go the 601a route and consular process. I came back to the US when i was 14-15 and since then i been here. 

What about me guys? When in 2005 they asked us questions about father which at that time I was a minor the police then sent us to border patrol station and told my mom we couldn’t be here living with a border crossing card. Then they sent us all to mexico walking which we lived in the border. I came back as ewi and since then i been here and now married to a us. Basically I only have one ewi. But I’m trying to find out if in 2005 we got expedited removal, application withdrawal, or throwback

Oh another thing to point out guys is that some guy that used to be a CBP official retired himself and called his ex-coworkers to check my mothers name to see what comes out and only voluntary return came out in their system.

But if she indeed had an expedited removal in 2005 and came back and again in 2007 she got apprehended, would’ve she get Reinstatement of Removal asap instead of Voluntary return? I’ve read once you were formally removed and come back and get caught, you get Reinstatement of Removal 

Oh ok. What i was asking if she got any bans but if she left and didn’t trigger any bans thats fine? No she didn’t commit any crime at all because I remember everything. My father which he did commit crime got arrested that day but just him. Police took us to ask us questions about my father but that was it and then border patrol took my mother and that was it. But why would it say criminal history, I’m sure its about my fathers incident but she wasn’t involved at all

Also why when it talks about the BCC 2005 incident is blacked out? 

7 hours ago, jan22 said:

No, since she Entered Without Inspection (EWI) in 2007, so there was no questioning by an immigration offiicial.

 

But, I have been trying to correct this sentence myself, but the system is giving me hassles!  I mis-spoke since the quoted example about 9C is not completely correct (one of the problems with using non-official information sources) and I didn't think about it carefully enough before I wrote that sentence.

 

A 9C ineligibility applies if a person re-enters or attempts to re-enter the US without inspection (EWI) after having left the US after accruing a year or more unlawful presence OR has been previously removed from the US.   The removal does not have to be for an overstay ot any length.

 

In this case, I think it's pretty clear that she was removed, since Border Patrol was involved and it was documented in their system in 2005, since the information was available and referenced as part of the Criminal History in 2007.  Thus, a 9C is likely. 

 

Sorry I may have confused things earlier.

You’re right! What we are trying to find is why does it say “Criminal History “ and talks about her Bcc but doesn’t say anything about “Expedited removal” or anything. Wouldn’t she gotten a Reinstatement of Removal in 2007 instead of Voluntary return? Because I’ve read if you were previously deported and came back and get caught you get Reinstatement of Removal but instead she got Voluntary return. This is so confusing for us.

1 hour ago, geowrian said:

That's what I was thinking as well...which is why the dates are important, including the BCC entry. 9C only kicks in after a year of unlawful presence then the EWI, and the dates provided so far are less than that.

The thing is she was not more than a year for unlawful presence. I’ve read and seen alot of videos where alot of people got a green card even after 2 to 3 times caught and sent back as voluntary return (theowbacks). Even they say they came back to the US right away after been sent back

3 hours ago, Going through said:

How did she cross the border the second time?  With or without inspection?

She crossed without inspection. We really need to know if she got any bans so we can proceed with her 601a route and consulate but if she indeed get any bans and crossed without inspection thats a big reason to get denied at the mexican consulate even with a 601a approved 

48 minutes ago, geowrian said:

It sounds like she had a BCC, but that was cancelled because she violated the terms of it. Then she entered without inspection, got caught at a traffic stop, and was permitted a voluntary return. Correct? If so, what happened with the BCC to cause it to become canceled?

Yes that’s correct. She was just residing here in the US and thats why it got cancelled. The big question for us is, the first time that her Bcc got canceled she got sent back to mexico walking but we don’t know what kind of process was that, it had to be something because she got sent back to mexico when they saw she was residing in the US. Police went home because some other stuff and told her “you know you can’t be living in the US with a bcc visa right?” Then they call border patrol. Then she came back and got stopped by traffic routine and again she got sent back but as Voluntary Return as it says in the foia. But the first time we don’t know what kind of deportation was it if, withdrawal of application, catch and release or expedited removal. Thats the reason we requested her foia

21 minutes ago, caliliving said:

not sure what a BCC card is. but looks like they will voluntary deport her:/ basically she got pulled over from a traffic stop and cited and admitted for being in the usa and crossing illegally:/ 

is she married to a USC? 

Yes they did Voluntary return her in 2007 and then she came back the next day(shes my mother). The reason we ordered her foia is to see if she had any prior expedited removal but it doesn’t say anything only about one Voluntary return, am i right? She’s about to marry her bf and he wants to petition her and go 601a route but we were scared she had prior expedited removal and get denied at the mexican consulate

1 hour ago, Going through said:

From my understanding:

 

Basically, the letter is saying she illegally entered the US, and admitted to illegally entering the US.

The letter goes on to detail when she was detained, and why.

The letter ends by saying that after she appears in court (and looks like she will remain in detainment until court), she has the option to voluntarily leave the US.  

Thanks for the reply. We asked for my mothers foia a couple of months ago and we received this. She got Voluntary return that day. That was back in 2007 and she came back. So she didn’t get no Expedited removal nor she didn’t have any prior expedited removal?

Can someone help me understand this foia please, thanks

My mother just got her Foia and where it says "Disposition" says "Voluntary Return" and in narrative says 212 (a)(6)(a)(i). So that means she didn't get any bans or expedited?
What I'm just scared if she got an expedited removal.

13 hours ago, TBoneTX said:

Why don't you telephone a CBP port (like Laredo, if you're closest to there) to ask what your realistic chances are?  Their answer will settle your uncertainty.

Sounds like a great idea. What I'm so confused is , i was deported once when i was 14 years old now I'm 25. Would be there a problem at the port of entry

10 minutes ago, f f said:

same question as before, has anything changed since this thread?

 

This is a total different question. I'm planning of getting daca instead because using the bcc sounds a bit dangerous for me tbh. Daca then advance parole is a bit better but what I'm worried is what would cbp see when trying to re enter

Guys if i have daca and i waa deported back then in 2005, Can i use advance parole?

19 minutes ago, f f said:

the bcc was issued before you were deported, then you have no proof of legal entry after the deportation, they do have proof in the form of school records that you came right back. having been given the bcc before deportation and then using it to return makes your case vastly different than others who have used the bcc to prove legal entry. I still recommend sitting down with a lawyer mabye 2 or 3 and figuring out how to actually proceed since this can go bad very quickly.

 

good luck

Thanks for all the answers guys! Btw I applied for daca a while ago and got denied due for having a private school diploma. Lets say i get daca, use advance parole through daca, How would cbp handle me in the port of entry? 

Im waiting for my Foia records, I will keep you guys posted about any changes. Another thing to point out is my brother requested his foia a while ago and came with no records found. He was with me when all this happened to us. He has daca btw

3 hours ago, f f said:

I would think that would be better since it would at least give proof of legal entry. he would have to get ap through either daca, not sure if they still grant them, or through aos. if you do it through aos that aos would be doomed to failure from the beginning since there is no proof of legal entry. but it would give you proof of legal entry for the next aos. I am not sure if or when the illegal entry ban would kick in though which would make you stuck outside the us.

Exactly! I've reas people send copy of front and back of the Bcc as proof of entry. While the aos is in process i would get the ap in between 2-3 months then use advance parole to come back. Lizz cannon recommended but I'm not too sure what could happen since I haven't seen anyone with a case like this. I entered with inspection but that inspection was with a I suppose cancelled visa. I don't know what could happen or what would be the reaction of USCIS

2 minutes ago, Ontarkie said:

If you gave all the details to Lizz Cannon I'd believe what she said. 

Yes I've read that she does wonders. She told me to go ahead but while I'm waiting on the process to use the advance parole that they give you while waiting adjustment.

5 minutes ago, florida racer 73 said:

I am not accusing, I am just saying, consult a lawyer, this is something that could go really good or really bad, real quick.

 

Immigration is not something you want to play with nowadays.

 

Yes it would be so sad if it goes bad :/

Thank you very much for your answers guys.

Im definitely guna try and find a lawyer because 2 local lawyers told me to go ahead. I called lizz cannon and she told me also a different idea