My heart is in Mexico

[JayJayH 546]

It didn't say, that's why we got a lawyer to find out.

You need an experienced immigration attorney, stat. You need one who is experienced in dealing with family and waiver cases.

Problem here is that if he received a 10 year bar for a drug charge beyond MJ, this could be a de facto lifetime bar.

There is a misconception regarding bars - That they're a period in which a person can't enter the U.S., but wait it out, and all is fine. That's not true. The bar is a period in which a person cannot apply for a visa. After the 10 year bar, he will be free to apply for a visa, but whether or not he'll get it is a different question entirely.

I am sorry for your situation, but this is how U.S. immigration law currently works, and I have not seen any proposal from neither Democrats nor Republicans to change the laws regarding drug possession or gang activity. I understand that subjectively, California is his home. Laws however, don't care about subjective feelings, but rather objective reality. He is a Mexican citizen who entered the U.S. without authorization to do so, and was sent back to Mexico.

I would consult with at least half a dozen immigration attorneys. Start at www.aila.org and www.immigrate2us.net

Best of luck.

Edited July 4, 2016 by JayJayH

[Boiler 45,467]

The only ban that makes any sense in this case is 9C, Drugs would be lifetime no waiver.

[Erikajhr77 0]

No he hadn't, the last time he was in Mexico was when he was 4. He grew up and went to school over here. What is 9c?

[Boiler 45,467]

9C is a lifetime bar waiverable after 10 years but not applicable in your case. Can not think of any other non waiverable 10 year bar?

[Erikajhr77 0]

To jay jay h, he was told of the 10 year bar because they are claiming that he went back to Mexico at an entry that wasn't approved and that he was in the us more than 365 days, but neither is true. He voluntarily departed with immigration and went back the same year he turned 18.

Thank you for the advice, so far I have met with one lawyer but have appointment with 2 more. Hopefully they can give me some more info.

[Boiler 45,467]

But an illegal presence bar is waiverable, I seem to remember you need to check in when you depart with VD to show you have left.

[Erikajhr77 0]

But an illegal presence bar is waiverable, I seem to remember you need to check in when you depart with VD to show you have left.

That is good to know. His 10 year bar was based off of 9B2