Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Jun 2009
    Posts
    5

    Default Married to Illegal Alien Who Entered After Deportation

    my husband entered illegaly from MX was caught and was voluntary deported back in 2004 (fingerprinted and all). He then re-entered illegally again. I have been married for 3 years -We just had a daughter she is 6months. We have plenty of proof that are marriage is legit. We had the I-130 approved and now we have submitted the I-485 AOS. Our lawyers states he has an 85% chance of being accepted but he has to go back to MX to process. Do you guys think he has a chance? Or is the lawyer just keeping our hopes us that way we can keep paying his fee of 3995. Anyone had a similar situation?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Married to Illegal Alien Who Entered After Deportation

    The best person to assess his chances is your lawyer.

    If you got the I-130 approved on those facts, he must be doing something right.

  3. #3
    Join Date
    Jun 2009
    Posts
    5

    Default Re: Married to Illegal Alien Who Entered After Deportation

    First of all thank you for anwering -I was hoping I would hear from you. You give very good advice. Whats the deal with if they entered illegaly and overstayed their chances are near to none? So if he leaves to process you think he has a chance? I think we have been doing a lot that is right-we have done our taxes together since 06-3yrs now. He has no criminal background either.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Married to Illegal Alien Who Entered After Deportation

    If you enter illegally after being deported, you are subject to lifetime ineligibility to reenter the United States. If your lawyer is getting you past that hurdle, he's doing something right.

  5. #5
    Join Date
    Jun 2009
    Posts
    5

    Default Re: Married to Illegal Alien Who Entered After Deportation

    You know I have a slight feeling that his fingerprints (paperwork) were not processed when he got caught. I have a friend who is a border patrol agent-althoght not right he stated that sometimes back in the day or when they feel like it they do not do the report and just trash the fingerprints-he says that just scares them into thinking they have been processed. I wonder if that could be the case.
    Also when he got fingerprinted for his I-130 "no arrests" came back for his background -would a voluntary deportation come up on it too if he had one on file?

  6. #6
    Join Date
    Apr 2009
    Posts
    11

    Default Re: Married to Illegal Alien Who Entered After Deportation

    If he had voluntary departure on his record, that means that he must've had been fingerprinted by Immigration, and yes that would be on his file, and any other fingerprints he puts in the USA would "meet up" with the Volun. Depart. fingerprints, and then the proof comes out in the pudding.

    Mr. Know it all...not necessarily a lifetime ban. If the immigrant was convicted of crimes of moral turpitude, maybe a lifetime ban would apply. But usually someone who enters illegally the USA after 1 deportation and is caught, would be subject to anywhere between 10 and 20 years of bar. Now, if he re-enters illegally after having been deported 2 times, he would ultimately be deported after being given a lifetime bar....but he'd probably have to do Federal time before getting deported and eternally barred.

  7. #7
    Join Date
    Jun 2009
    Posts
    5

    Default Re: Married to Illegal Alien Who Entered After Deportation

    Thanks-yes you're right. I was in the wrong forum. Thanks to my lawyer keeping me in the dark and telling me it would be a simple process. Which I just fired by the way.

    Anyone in the same boat as me go to Family based Immigration and click on 601 waivers that is where you will get your answers and meet thousands of people in the same boat as us.

    For now I am stalling on the process and hoping for the almost impossible (an immigration reform) Hope they lift that 10 yr ban on deportees.

  8. #8
    Join Date
    Apr 2009
    Posts
    11

    Default Re: Married to Illegal Alien Who Entered After Deportation

    If your husband was caught at the border on his way in, and if they didn't find any fraudulent papers on him (like someone else's visa or Green Card), then they probably just fingerprinted him, put him on a bus and shipped him back to the other side of the border. That's a different kind of deportation. It's called a voluntary/expedited deportation. NOT to be confused w/ voluntary departure (which is a whole different issue, not applicable to you).

    If your husband was voluntarily expedited back to Mexico, then it IS possible (but not guaranteed) that your husband could get the waiver approved once he's back in Mexico and has his interview at the border.

    I helped a lady do her papers in the exact same situation, and I told her before she went back to Mexico that there is a chance that she may not get approved because Immigration does, in fact, have record of her attempted entry, and then obviously she re-entered and didn't get caught the 2nd time. She said she understood, but still went through w/ the process.

    Since she is married and has 2 kids, and her husband is a US Citizen, she was granted a waiver, and was back in the USA as a permanent resident within 2 months after her interview in Ciudad Juarez, Mexico.

  9. #9
    Join Date
    Jun 2009
    Posts
    5

    Default Re: Married to Illegal Alien Who Entered After Deportation

    I wish it were that easy. My husband got expedited deported or something like that and then came back in uninspected the next day-he has accumulated more than a year since therefore he has the 10yr ban. But thanks anyway.

  10. #10

    Default Re: Married to Illegal Alien Who Entered After Deportation

    So from what I understood, your husband is here again, entered ILLEGALY again? As far as I know, people who entered the US illegaly cannot adjust their status bec USCIS will be asking for documents on how you entered the USA but they said that there is a waiver for this I just don't which one and it also hard to get.

    I130 can be approved anytime since you are a USC and is eligible to sponsor anyone who is your immediate relative but for your husband the AOS would be difficult for him since he entered the US illegaly.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Citizen Married To Illegal Alien
    By Suntot in forum Immigration Issues
    Replies: 2
    Last Post: 03-09-2009, 01:49 PM
  2. Married to Illegal Alien
    By galimar in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 02-06-2009, 12:32 PM
  3. Marriage: US Citizen Married to Illegal Alien
    By mothernature in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 02-03-2009, 08:48 AM
  4. Marriage: Married An Illegal Alien
    By CHELLYBEAN in forum Visas for Business, Tourism and Family
    Replies: 64
    Last Post: 02-12-2008, 02:22 PM
  5. Marriage: Illegal Alien
    By soniadean in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 12-16-2005, 06:46 PM
 
 
Sponsored Links

Legal Help, Information and Resources