Needing help with immigration process

[Melissa]

My boyfriend was deported with the Swift raids for using someone else's identy. They took him to Mexico but called it a voluntary deportation. He then tried to cross back and got caught. A week later he crossed and is back home with us. We are not married yet but plan on it. What is the best way for us for file due to him being deported and the getting caught trying to cross back. I have four children two of which are his. Can anyone help?:

[meesh]

Your situation sounds a bit complicated, unfortunately. I'm not sure that you will be able to file a waiver on his behalf. Normally, you would file the I-129(f) to start the process. You would eventually have to file a waiver, with hardship letter at the consulate. Your boyfriend may not be eligible for the waiver, depending on his illegal presence (when he entered, how long he stayed, whether he returned, for how long, etc.). Also, was he using the identity of a US citizen? I wish you the best. I'm sure more members will respond to your situation, but if you could give us more details, that would be helpful.

[Laura]

My boyfriend was deported with the Swift raids for using someone else's identy.

Do you mean he was using the identity of a US Citizen?

If he was convicted for that I believe he has a lifetime bar. If that is not the case, I'm thinking that the re-entry attempt after deportation will give him a lifetime bar anyway. :bluesad: Anyone else?

[ratito921]

I don't think that he would be eligible for a waiver considering he has EWI'd twice now. Also, depending on whose identity he used whether it was a USC or not.

Kitkat where are you? You're good at this kind of thing :thumbup:

Good luck to you, I hope it all works out.

[Melissa]

He was not charged or convicted of using the identy of another US person when immigration detained him. They have it on their records that he used someone else's identity. They took him back to Mexico and considered it as a voluntary self deportation. Then he later got caught trying to cross the border. A week later he crossed and made it and is now home.

[kitkat1]

I don't think that he would be eligible for a waiver considering he has EWI'd twice now. Also, depending on whose identity he used whether it was a USC or not.

Kitkat where are you? You're good at this kind of thing :thumbup:

Good luck to you, I hope it all works out.

I'm here . . .

When was his first illegal entry and how long did he stay?

When he was caught trying to return, it sounds like catch and release -- but they probably took fingerprints and know that he attempted to cross.

He has two illegal entries - depending on the length of the first stay (if it was more than 365 days) and when it was (after 1997), it sounds like he will not be eligible for a waiver. The law "allows for" one illegal entry, meaning that entry is waivable if hardship is proven to the qualifying relative. A second illegal entry after an immigration violation means no waiver available for ten years.


INA §212(a)(9)(C) provides that aliens who were unlawfully present in the United States for an aggregate period of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted, are excludable. A waiver is permitted if the alien is seeking admission more than 10 years after the alien's departure from the United States and if, prior to the alien's embarkation, the Attorney General has consented to the alien's reapplying for admission.

[Melissa]

IN 2001 and he stayed for 8months and went back to Mexico on a voluntary self deportation and got caught trying to come back a month later. Came back to US 2 weeks later. Then in December of 2006 he was taken with the Swift raid and taken back to Mexico on a Voluntary Self Deportation. In January he tried to come back and go caught and 2 weeks later came across and made it.

[Laura]

IN 2001 and he stayed for 8months and went back to Mexico on a voluntary self deportation and got caught trying to come back a month later. Came back to US 2 weeks later. Then in December of 2006 he was taken with the Swift raid and taken back to Mexico on a Voluntary Self Deportation. In January he tried to come back and go caught and 2 weeks later came across and made it.

Yikes. Definitely two aggregate periods of more than a year of illegal presence, besides the fact that he was here, deported and then was caught re-entering. Is this a 10-year bar or a lifetime bar?

[angela256z]

Yikes. Definitely two aggregate periods of more than a year of illegal presence, besides the fact that he was here, deported and then was caught re-entering. Is this a 10-year bar or a lifetime bar?

I don't think he will get a chance for a waiver.

1. Entered in 2001 for 8 months then deported. (This would have been a 3 year ban)
2. re-entered in Dec 2006 deported with the swift raids (This would have been 10 year)
3. re-entered again a month later (Lifetime? or 10 yrs?)

He has a double entry which is lifetime, but if he returns home now and it is before 180 days of his return he may have a chance, but this one is very complicated. I may be confused. When he got caught returning and it was just a catch and release then it should not be a problem, but if they consider it VD or deportion then it will worsen the situation. Maybe ask Laurel next wednesday.

[Adriane]

If you entered EWI, stay for over 180 days, leave (regardless of why) and even attempt to enter again, the ban is lifetime. You may be eligible to file the waiver- but only after 10 years.

I'm sorry.:sad:

[USnoiva]

This doesn't look good. Are you able to live in Mexico with him? It may be a long time befor he can ever live in the USA legally. Maybe with reform?

[cali31]

You need to consult with a good attorney. It can be good news or maybe not so good but there is always light at the end of the tunnel.

[angela256z]

Try going to Laurel's chat this wednesday and ask her. make sure you add all the details into your question.

[kitkat1]

If you entered EWI, stay for over 180 days, leave (regardless of why) and even attempt to enter again, the ban is lifetime. You may be eligible to file the waiver- but only after 10 years.


Adriane, I'm confused by the 180 days part. My understanding is that INA §212(a)(9)(C) says aliens who were unlawfully present in the United States for an aggregate period of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted, are excludable. A waiver is permitted if the alien is seeking admission more than 10 years after the alien's departure from the United States .

In this case I suppose it doesn't matter -- if I understand what the OP has posted here, the first entry was less than one year and he voluntary departed; second entry he stayed for about 5 years, was caught in the raids but still voluntary departed. Then re-entered again. So it appears he re-entered after more than one year of illegal presence and will not have a chance for a waiver for 10 years. I would still run it past Laurel but it doesn't look promising.

[LaGringaMasBella]

I'm not sure what raids you're talking about but a close friend of ours was detained by la migra when headlines had to be made with the raids of all those pallet plants either last year or the year before. Anyway ...

His situation was similiar; he came to the U.S., was here for about a year, went back to Mexico, re-entered but was captured at the border, they sent him back to Mexico, the he re-entered again successfully and had been here for nearly 10 years when he was captured working at the pallet plant.

He and his wife consulted with a lawyer who told them it would be best if he voluntarily departed, moved to Mexico with his family in tow, waited either ten years or for some type of reform and then try.

He ended up not going to the court date set for him and they are still here, illegally of course, but that's what they were told. The system we have is just sickening!

Talk to Laurel first or a lawyer that you trust. Good luck and I hope it works out for the best! :)