Here's another one for everyone. I hope people see it since this is in a category less frequented in this forum.

My husbands cousin (we'll call him "Roberto") is from Guatemala. He is in a process in Immigration Court trying to get residency through NACARA. He's been in the USA since 1989 and he made his Asylum petition in 1996, during the appropriate dates, so....there's no problem there.

Here's the thing. "Roberto" has gone back to Guatemala and entered illegally twice during the time this whole process has been going on. But his 2 time illegal entries were done before 1997. However, the 2nd time he re-entered (1996), they caught him crossing the US/MEX border, and he was a throw-back. However, he told the authorities that he was Mexican, so they just put him on a bus and sent him back. (Yeah, I know....very bad to lie to CBP). "Roberto" took another mad dash for the border the next day and successfully entered (illegally) However, "Roberto" has ALWAYS been able to renew his work permit, even after he got captured in Mexico.

So, it's my understanding that an alien in NACARA process could be denied if there is proof that they have EVER left the USA and came back illegally. However, I'm not sure if they count the times that it happened before 1997.

So, "Roberto" has his Individual Hearing in Arlington, VA on Oct 27, and it will be determined if he qualifies for NACARA or not. "Roberto" is using a NPO, who in my opinion, are not as good as they used to be. The Accredit Immigration Representative (AIR) who is handling his case is a cranky 76 year old lady who is VERY FORGETFUL! (I know her personally). And, back in her less cranky and less forgetful days, she could tell right off hand if someone had a strong case to win in Immigration Court, or not. But lately, she's been slacking.

What do you all think might happen on Oct 27, during "Roberto's" Individual NACARA Hearing?