Can my friend's girlfriend leave?

[mamamimi 8]

* Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(9) 12/ ALIENS PREVISOUSLY Removed.-

(C ) Aliens unlawfully present after previous immigration violations.-

(i) In general.-Any alien who-

(II) has been ordered removed under section 235(b )(1), section 240, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.

(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, 14a/ 6aa/ the Secretary of Homeland Security has consented to the alien's reapplying for admission

*If the person reentered EWI after being charged 9C2, they would have to exit the U.S. for ten years before being eligible to apply to re-enter.

** This is different from 10 year bar, because if only the 10 year bar you can file immediately to waive for hardship.

My friend a USC brought his girlfriend over to visit with her son, she was given a visa for 6 months (expired June 2010). She was one month pregnant in December. She ended up staying they got married about 3 weeks ago and their baby was just born. He is starting all paperwork for her, she is planning to visit her homeland in December...My question is:

1. Will she have a hard time getting green card because she got married on tourist visa
2. If all paperwork is started can she leave the US? and then come back?

I am thinking she cannot leave...is there anything about this in USClS website? My friend thinks that nothing is going to happen that she can go and come back no problem.

Thakn you!

Edited August 19, 2010 by mamamimi

[belinda63 2,981]

Please start your own threads and don't hijack someone else's.

As to the original post, if you are deported you are banned from reentry, usually for 10 years with no waiver available. If you reenter during that ban time you are usually banned for 20 years or life. These bans have no waiver available that I am aware of. Do a FOIA request to find what exactly happened when she was made to leave the first time as this will determine what, if any, action you can take to obtain a visa for her.

[mamamimi 8]

Please start your own threads and don't hijack someone else's.

As to the original post, if you are deported you are banned from reentry, usually for 10 years with no waiver available. If you reenter during that ban time you are usually banned for 20 years or life. These bans have no waiver available that I am aware of. Do a FOIA request to find what exactly happened when she was made to leave the first time as this will determine what, if any, action you can take to obtain a visa for her.

Please don't be so rude ok? I did not think there was a protocol here! It has been done on my post and I have no problems with it, lighten up Belinda.

[Deputy Purple 1,294]

Please don't be so rude ok? I did not think there was a protocol here! It has been done on my post and I have no problems with it, lighten up Belinda.

There is a protocol here and hijacking someone else's thread is frowned upon. The OP's issue isn't even close you your question, please create a new thread for it.

@OP, neither of you should assume that your gf's 4 years of illegal presence left no tracks in the US. You need to find out how the original attempt to enter was handled by CBP to determine how deep your issues will be.

Also understand that during her visa application she will have to disclose here address history. If she lies and says that she was in Mexico during that time she can face misrepresentation charges which would result in a lifetime re-entry ban that can't be waived.

Even bigger issue is did she ever present herself as a USC? How did she work while she was here?

[Patty♥Paul 8]

I don't know why sometimes people is sooo rude, mamamimi was just asking a simple question, I've seen this kind of responses from a lot of older members, if there's a protocol for topics then should be a protocol for manners and how to answer nicely to people in need of help.

God bless

Patty ♥

[Anh map 2,098]

There is potential trouble for the re entry into the US for both the wife and the step child (assuming he is a minor and traveling with his mom). If the minor child's birth father is alive they will likely need his written permission for the son to emigrate with his mom. And just because the mom would have her US citizen child in arms does not mean that she would be allowed in. The child definitely yes. Mom, it's up to the CBP agent. Having paperwork filed (and a copy of all in her possesion) can only help, but not a guarantee.

Best thing for them is to do the research NOW to be sure that any travel plans go as they intend. Even a consult visit with a qualified immigration attorney might be money well spent.