? about multiple entries...

[Traviesa32]

I didn't have to deal with this particular issue with Javier since he made it over the first time. What happens when they were caught once crossing the border and sent back...then they make it in and stay here? Is that the situation where there is no waiver for 10 years? Or does it have to be an actual deportation for that to occur?

[Traviesa32]

Never mind, I found out what I was looking for. Looks like we will have to do the FBI fingerprint check.

[JennyM]

Traviesa, was it a catch and release or deportation. E was a catch and release and he said he was Mexican so he got released in Mexico. Where was he deported to? Cause a catch and release is different then a deportation (another couple hundred dollars filing the I212)

[JennyM]

We did an FBI check and nothing came back......

[SEG 79]

Anyone in the United States without permission for more than 1 years is subject to a 10 year bar from legally enterning on a VISA. It does not matter if there is a deportation on the individuals record. The I 601 is a waiver that is submitted for this exact problem. They will forgive the violation if extreme hardship is evident and proved for the US resident or citizen.

If there was a deportation, than an I 212 is also filed with the I 601.

[Traviesa32]

Well I know about all that-I've done this once before and Javier actually did have a deportation after he had been here for several years so we were doing both I-601 and I-212. What I was concerned about was whether Edwin's was considered a catch and release or a deportation. If it was a deportation we're screwed because he came right back over a few days later and has been here ever since and there's no waiver for returning after a deportation. But after talking to him I'm pretty sure it was a catch and release-he also said he was Mexican so they put him back in Mexico. I don't even think they kept him for any significant length of time. But what I found out by reading one of the guides here is the only way to be sure is the FBI fingerprint check so that's what we'll be doing before even worrying about the next step. Thanks for your help!!! :)

[~MP~]

FBI checks are not 100%....

[Traviesa32]

So is there something that is? What would be a good definitive way to find out whether or not we should bother starting the process? Thanks again!

[~MP~]

You could try a FOIA but you need alien number and the exact date for it to be accurate...
There have been members here that have done a FBI check and it comes back clean and got the ban because it was a deportation after all when they go to CDJ.
Hopefully someone else can give you more info on the FOIA.

[Traviesa32]

Ok thanks, we did a FOIA with Javier back when but for a different reason. It sucks that it has to be so complicated. Did I mention I hate immigration??? LOL!