Is she EWI, or not?

[wildweasel 0]

My wife was 14 when she entered the country in Texas along with her little brother. Her older brother (visa holder at the time), and another lady (USC) were driving the car. When stopped at the port of entry the officer inspected the car and asked questions of the two adults in the front seats, but never spoke to my wife or her little brother in the back seat. If asked, my wife had been instructed to say that she was a US citizen, but fortunately the officer never asked her anything. After the inspection they were allowed into the country.

So since she was inspected, but never misrepresented herself, is she actually her illegally?

[Anh map 2,098]

How many years has she been here?

[wildweasel 0]

She entered at 14, she is now 22.

[Brother Hesekiel 2,236]

Yes, she entered without inspection. She did not have a visa in her passport although that would be required of a Mexican national who wants to be admitted to the US, her passport was not stamped at the P.O.E., and she did not receive an I-94. She cannot prove that she entered the country legally, simply because she didn't. The I.O. assumed she is a US citizen and thus did not inspect her. She is an EWI.

[wildweasel 0]

ok thanks!

[Used to be broken 147]

My wife was 14 when she entered the country in Texas along with her little brother. Her older brother (visa holder at the time), and another lady (USC) were driving the car. When stopped at the port of entry the officer inspected the car and asked questions of the two adults in the front seats, but never spoke to my wife or her little brother in the back seat. If asked, my wife had been instructed to say that she was a US citizen, but fortunately the officer never asked her anything. After the inspection they were allowed into the country.

So since she was inspected, but never misrepresented herself, is she actually her illegally?

FYI you really need an attorney in these "wave in" cases. You can never prove it wasn't a track through the desert since no paperwork exists and explaining how she really entered puts her at great risk for a permanent bar for false claim to US Citizenship.

The assumption that she was a US Citizen by the boarder patrol is potentially going to be a huge issue and whether or not she claimed to be a US Citizen she entered under the pretext of being one.

Lawyer Up my friend you will need it.