
Skymusic
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Skymusic reacted to Going through in Help to understand FOIA
There is a big difference between voluntary removal and expedited removal....
Even if she voluntarily returned (and from what you've said in this thread so far, it doesn't sound like she received expedited removal)....the bigger fish to fry is that she illegally entered AGAIN with only a 24-hour turnaround time.
A voluntary return won't necessarily trigger the 5-year automatic ban like expedited removal would. When she entered illegally the second time did she get voluntary return then, too, or did she attend a formal immigration hearing? If she had a formal hearing, things will be a bit bleaker for her now...but that's not to say it's impossible.
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Skymusic reacted to Going through in Help to understand FOIA
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.
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Skymusic reacted to Going through in Help to understand FOIA
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.
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Skymusic reacted to jan22 in Help to understand FOIA
FOIA responses have areas that are redacted (blacked out) for information that cannot be released -- for example, information that is law-enforcement sensitive, that reveals information about another individual, etc. The code imposed over the blacked out part is the section of the law that governs why the material cannot be released. The code used on your form (b)(7)(e) is usually used for information that might reveal law enforcement processes, procedures, etc.
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Skymusic reacted to David & Diana R in Help to understand FOIA
Where are these videos of which you speak?
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Skymusic reacted to jan22 in Help to understand FOIA
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.
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Skymusic reacted to geowrian in Help to understand FOIA
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.
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Skymusic reacted to Going through in Help to understand FOIA
How did she cross the border the second time? With or without inspection?
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Skymusic reacted to Going through in Help to understand FOIA
One of the thing that confuses people is that even though someone leaves voluntarily, that doesn't mean they were not placed in removal proceedings/ordered deportation. She left voluntarily only because she was caught after 6 months of being here illegally and processed through the court system---it is not as if she left on her own accord before all of that happened.
The option to "voluntarily return" is more like them saying " we can do this the easy way or the hard way. "
I'm not saying anything bad about your mother, just stating what led up to her "voluntarily leaving".
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Skymusic reacted to geowrian in Help to understand FOIA
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?
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Skymusic reacted to caliliving in Help to understand FOIA
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?
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Skymusic reacted to Going through in Help to understand FOIA
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.
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Skymusic reacted to Ben&Zian in Deported in 2005 daca
No specific answer can be given really. It's still risky and you're taking a chance of being denied re-entry,
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Skymusic reacted to Ben&Zian in Deported in 2005 daca
http://www.amigalawyers.com/posts/2016/2/22/advance-parole-with-a-prior-deportation-order-is-it-possible-is-it-safe
Technically from a few other articles I've read it is possible but you're taking a chance honestly.
Good luck.....
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Skymusic reacted to f f in What do you guys think?
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
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Skymusic reacted to f f in What do you guys think?
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.
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Skymusic reacted to Boiler in What do you guys think?
Does not work quite like that, basically they do not accrue legal presence but could still be for example 9C.
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Skymusic reacted to Penguin_ie in What do you guys think?
It sounds like the possible deportation and illegal stuff on return all happend when you were way under age, which will make a difference as minors are not usually held responsible for their immigration actions. As Ontarkie said, if you heard from Liz Cannon, I'd go with her recommendation.
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Skymusic reacted to Ontarkie in What do you guys think?
~~Moved to Waivers, from Tourist Visas. If the OP can file for something she will need waiver information.~~
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Skymusic reacted to Ontarkie in What do you guys think?
If you gave all the details to Lizz Cannon I'd believe what she said.
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Skymusic got a reaction from florida racer 73 in What do you guys think?
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
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Skymusic reacted to florida racer 73 in What do you guys think?
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.
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Skymusic reacted to florida racer 73 in What do you guys think?
You came back in on a visa that technically should have been cancelled since you were removed from the country. you need a lawyer and need to gain entry the legal way because from what I just read you are here illegally and any attempt to AOS would be pure fraud.
What could make it worse is that after you were removed from the country you re-entered and misrepresented yourself to CPB,
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Skymusic reacted to f f in What do you guys think?
I do not think it is fraud to aos. but with no way to prove legal entry after deportation you will be denied based on no waver was filed to let you in and no proof you entered legally. what you need is a legal entry with an i94 to prove you were allowed in. using a tourist visa is fraud. I would recommend doing a cr1 and go to your home country and then when you return you will havhav the green card. but talk to a lawyer before you file anything to get your path figured out.
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Skymusic reacted to f f in What do you guys think?
your problem is that you should not have gotten back into the us. here is a link breaking down how long you have to wait before coming back to the us.
http://www.nolo.com/legal-encyclopedia/how-long-after-deportation-must-i-wait-before-returning-the-us.html
even though you were let in you still should of had a ban or the visa voided. when they removed you did they take your finger prints?
they can send anyone out of the us who is not a citizen and using a tourist visa to live in the us is definitely a valid reason to send you back and to deny you entry later. in short you were using the visa for a purpose other than what it was intended for.
I would chose expedited removal but just make sure to write up everything that happened so they can verify it is the right one, I would even putthat you are not sure so you are including all of the information to make sure they have it right.
good luck