I-29f Application and Voluntary departure

[Berni & Moni 0]

Hello,

My fiance was brought to the US from Mexico illegally by his father, who is now a permanent resident, when he was 12 years old. He has always been in the US since then. Last year he was arrested for criminal trespassing and went to court and was subsequently convicted and given voluntary departure. During the court preceedings he told the judge his situation and the judge did not mention a ban. I filed our I-29f petition in July and My question is, will we have a problem in the interview since he was here illegally as a minor and has a conviction and a voluntary departure?

[souleymon 27]

where is he presently?

[Berni & Moni 0]

In Mexico

[Leatherneck 693]

Your fiance has triggered a 10 year bar even though he "voluntarily departed."

[Gary and Alla 3,694]

Hello,

My fiance was brought to the US from Mexico illegally by his father, who is now a permanent resident, when he was 12 years old. He has always been in the US since then. Last year he was arrested for criminal trespassing and went to court and was subsequently convicted and given voluntary departure. During the court preceedings he told the judge his situation and the judge did not mention a ban. I filed our I-29f petition in July and My question is, will we have a problem in the interview since he was here illegally as a minor and has a conviction and a voluntary departure?

The judge in a criminal case would not mention a ban, it is not his place to do so.

Your petition will likely be approved. (at least not denied for this reason) USCIS does not concern itself with bans and such, that is for the DOS at the visa stage.

If your fiance was in the USA illegally for more than one year after his 18th birthday he will have triggered a ban, probably for ten years. The criminal offense has nothing to do with it, leaving voluntarliy has nothing to do with it. Even if he had entered LEGALLY and overstayed for one year, and then went home all by himself, he would still trigger a ban.

I do not know if the criminal conviction will affect him. I think no, since criminal trespass is not a serious offense.

If his visa is denied you could then apply for a waiver of the ban. You cannot file for a waiver until you have something to waive...a denial. So the only thing you can do is study what is needed for the waiver filing and be prepared if it happens.

[Berni & Moni 0]

Even if he was brought here as a minor and didn't know he was illegally here? He would still have a ban?

Edited November 10, 2011 by Berni & Moni

[TBoneTX 45,329]

Even if he was brought here as a minor and didn't know he was illegally here? He would still have a ban?

Si, man, if he stayed 180+ days past his 18th birthday. His illegal presence in the U.S. was far longer than what it takes to merit a 10-year ban from re-entry.

Read the pertinent threads in the "Waivers" forum here, and visit www.immigrate2us.net -- a website that's far more dedicated to waivers and bans than VisaJourney is.