Legal? or Not?

[amancinas 0]

Hi!

My Family is going through a situation and we don’t know how to handle it or what we can do…if there’s anything we can do!

This is mainly concerning my brother, who is a Legal Permanent Resident-he met his wife, who has ((im not sure what kind of a visa it is)) but she has the Mexican passport w/the Visa that is given for 10 years and they come and visit for 6mos @ a time…they have been together for about 5 years now and had a baby in 2008-she stays in the states for 3-4 mos and goes back to Mexico for about 6-7 mos, then comes back w/her permit…well, about 3 weeks ago, she went back after being here for 5 mos and Inmigration took her passport away along and destroyed it-apparently, they ‘discovered’ she had the baby in the states and had been living Illegally in the states-she was not, she had the baby in the states, but was OUT of the states for 5-7 mos and revisited for 3-4 mos-Inmigration treated her very poorly and attempted to take my Brother’s permanent residency away as well-for having an illegal residing in the states they said…they were mistreated and abused…he was bringing some roosters-with documents-to Mexico-and the officer gave them a shot and killed them-we have found out that it was illegal for them to kill the roosters being that he did not cross the border, he could’ve been sent back w/them or kept them, but not Killed them-I guess they are protected by the law-do you guys have any suggestions? Is her passport expired? Did she lose her rights? Any ideas on how to proceed?

[LIFE'SJOURNEY 970]

What is it that your brother wants to do? There are many things that you have stated in this post, that indicates that your brother and his wife was co-habitating in the USA. So, I'm not quite where what advise you want to recieve.

Are you looking for the correct and legal arrangements that your brother should have followed?

[Chica Yeyé 41]

What do you mean CBP took away her Mexican passport and destroyed it? They cannot do that --- said passport is property of the Mexican Ministry of Foreign Affairs.

Please say they have a good lawyer?

[amancinas 0]

What is it that your brother wants to do? There are many things that you have stated in this post, that indicates that your brother and his wife was co-habitating in the USA. So, I'm not quite where what advise you want to recieve.

Are you looking for the correct and legal arrangements that your brother should have followed?

Well they want to know what to do...so that she is able to travel Back and forth as she was doing before...they didnt think they were violating laws b/c she does not come and work...she comes and stays w/him and then she goes back...

and Yes, what legal arrangements should they follow?

they have not contracted an Attorney as of yet, bc they have just arrived to their destination, but yes, they took her passport and destroyed it-

[Chica Yeyé 41]

The main issue I see is that your sister in law was de facto residing in the US for about 4 months out of a year; which is not the intent of a B2 tourist visa (I am guessing that is the one she had). The border patrol might be concerned with immigrant intent. I suggest they contact the SRE in Mexico as well as the nearest Mexican consulate regarding her passport; and of course an attorney.

The only option I see right now is for your brother to file an I-130 to bring her on as an immigrant. This visiting scheme is not going to work out anymore.

[R de la R 2]

The main issue I see is that your sister in law was de facto residing in the US for about 4 months out of a year; which is not the intent of a B2 tourist visa (I am guessing that is the one she had). The border patrol might be concerned with immigrant intent. I suggest they contact the SRE in Mexico as well as the nearest Mexican consulate regarding her passport; and of course an attorney.

The only option I see right now is for your brother to file an I-130 to bring her on as an immigrant. This visiting scheme is not going to work out anymore.

For filling the I-130 they both have to get marry. What she was doing was not correct, if they wanted to live together, why didn't they filled out a K1 or a CR-1 visa before. With the stamp in the passport, the officer saw what she was doing, which was wrong.

1-She has to report that police, what a killer!!!!!!

2-Your bro has to petition for her before she can enter again. I think he would have to travel and to take the baby with him.

[Chica Yeyé 41]

The main issue I see is that your sister in law was de facto residing in the US for about 4 months out of a year; which is not the intent of a B2 tourist visa (I am guessing that is the one she had). The border patrol might be concerned with immigrant intent. I suggest they contact the SRE in Mexico as well as the nearest Mexican consulate regarding her passport; and of course an attorney.

The only option I see right now is for your brother to file an I-130 to bring her on as an immigrant. This visiting scheme is not going to work out anymore.

For filling the I-130 they both have to get marry. What she was doing was not correct, if they wanted to live together, why didn't they filled out a K1 or a CR-1 visa before. With the stamp in the passport, the officer saw what she was doing, which was wrong.

1-She has to report that police, what a killer!!!!!!

2-Your bro has to petition for her before she can enter again. I think he would have to travel and to take the baby with him.

They are married already. They did not want her to immigrate just yet --- did you read the original post?

[LIFE'SJOURNEY 970]

I would also note, that your brother needs to be more concern with what the boarder patrol may have indicate on file regarding your SIL and brothers border crossing. They may have given your SIL some type of ban or it may have just been a warning.

[Kathryn41 3,205]

As well, the brother is a Permanent Resident of the US, not a citizen so could not file for any of the K visas anyway. He can file a CR-1 visa which will take some years before an immigrant number is available for her, but if he becomes a citizen in the meantime, can update the application and she can then be processed immediately.

I too am concerned about the border officials both destroying the passport and killing the rooster. A lawyer is definitely indicated, as well as advising the Mexican Passport Office about what the US authorities did to the passport. The passport belonged to the Mexican Government, not to the Individual.

Edited August 17, 2009 by Kathryn41

[Chica Yeyé 41]

As well, the brother is a Permanent Resident of the US, not a citizen so could not file for any of the K visas anyway. He can file a CR-1 visa which will take some years before an immigrant number is available for her, but if he becomes a citizen in the meantime, can update the application and she can then be processed immediately.

I too am concerned about the border officials both destroying the passport and killing the rooster. A lawyer is definitely indicated, as well as advising the Mexican Passport Office about what the US authorities did to the passport. The passport belonged to the Mexican Government, not to the Individual.

Exactly right. The OP's brother should be already contacting his nearest Mexican consulate. this is too strange -

[Bobby+Umit 161]

Doubt it was the passport - perhaps the OP meant the visa in the passport?

But as mentioned several times above - lawyer time - this will be a tough case.

[perfect 39]

We had an acquaintance (Mexican) who married a USC in December 2005 and used the ten year visitor visa to do the same thing because they didn't want to file for a spousal visa. She got caught re-entering and had the visitor visa revoked and they had to file I-130. Took them three years to be reunited because they were denied at interview - I think because of a 3 year ban. Original waiver letter was not approved straight away and took over a year to be approved. This happened in May 2006 and she literally just got her visa in May 2009.

[amancinas 0]

As well, the brother is a Permanent Resident of the US, not a citizen so could not file for any of the K visas anyway. He can file a CR-1 visa which will take some years before an immigrant number is available for her, but if he becomes a citizen in the meantime, can update the application and she can then be processed immediately.

I too am concerned about the border officials both destroying the passport and killing the rooster. A lawyer is definitely indicated, as well as advising the Mexican Passport Office about what the US authorities did to the passport. The passport belonged to the Mexican Government, not to the Individual.

Exactly right. The OP's brother should be already contacting his nearest Mexican consulate. this is too strange -

I thank you all for your responses...we're just not sure what the process would be...let me make a correction, they are BF/GF, they are not married....I apologize for the confussion....

Im sure they will come back to the Border and speak w/the Immigration Offices, they just had to arrive to the destination...but we didnt know what arguments to use or say...we thought Officers were correct...but they were mistrated and discriminated..there's other things that were said and done, that make it even more difficult...the officers used profanity...attempted to use force, and intimidated them and the child...

[Chica Yeyé 41]

Terms are important in this process - this changes everything. If they are not married, I see it very difficult for her to be awarded another tourist visa; since this coming and going will not go well with immigration authorities in the US.

What destination is this you keep talking about? Did they get the names of the border people? I still cannot phantom how the hell they destroyed the passport --- first I have ever heard of this.

[amancinas 0]

Terms are important in this process - this changes everything. If they are not married, I see it very difficult for her to be awarded another tourist visa; since this coming and going will not go well with immigration authorities in the US.

What destination is this you keep talking about? Did they get the names of the border people? I still cannot phantom how the hell they destroyed the passport --- first I have ever heard of this.

Sorry...and thank you!

I dont know, but Ive heard of Many, Many cases ((Mexican)) where people have attempted to get the Visa, they get their passport and Officers Cross it out and they cannot got for a second round...there's other where they get crossed out and they can attempt about 2yrs after-and there's others where the OFFICER TEARS it up and destroys it...