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Two Illegal Entries into the USA, but One Before 1997

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  • 09-13-2009, 09:04 PM
    zonryza
    Two Illegal Entries into the USA, but One Before 1997
    PLEASE I ASK THAT SOMEONE WHO UNDERSTANDS IMMIGRATION LAW ANSWER THIS QUESTION:

    I understand that after the IIRIRA act of 1996, it was decided that unlawful presence before April 1, 1997 would not be held against them, but rather any unlawful presence after April 1, 1997 WOULD start counting against them.

    So, my quesiton is this: Let's say Guadalupe entered the USA in 1988. She had a child who was born in USA in 1989. She left back to Mexico in 1992. She had a child in Mexico in 1994. She RE-ENTERS the USA in 1998 with both her US-born child, and the Mexican child. She and her Mexican-born child enter illegally in 1998.

    This would make it twice that Guadalupe illegally entered the USA. Once in 1988 and the other in 1998.


    Now, Guadalupe has a brother who is a US Citizen. He petitions for her in March, 2001, while still under 245-i. We all know it's going to take forever for this petition to be worked, because it's in the 4th Preference Mexican category.

    Now, Guadalupe's son who was born in 1989 will be 21 next year. He wants to petition for his mom.

    I might add: When Guadalupe's brother petitioned for her in March 2001, he put on the application that she was/is currently in the USA. Nobody is trying to scam the US government into thinking that she's still in Mexico still. But remember, her son can petition for her next year and it supercedes the original 245-i application from 2001. She also is still protected under the 245-i provided the original application was approved, which it was.


    HERE IS THE QUESTION: Will it affect Guadalupe the fact that her 1st entry was before 1997 and her second entry was after 1997? I imagine they would only count her 2nd illegal entry, but I need someone who confirm that with me.

    Would she have any problems if her son, who would be 21, petitions for her, and she goes to her interview?

    Please, someone who KNOWS, please answer the question. Thank you very much!
  • 09-15-2009, 09:40 AM
    Mr. Knowitall
    Re: Two Illegal Entries into the USA, but One Before 1997
    The problem is that for the type of petition you describe, she's supposed to be living abroad. The USCIS has already been told that she's not, and if she makes any false statement in association with the petition she risks being permanently excluded. I suggest that the family consult an immigration lawyer.
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