Help to understand FOIA

[Going through 5,671]

5 hours ago, Skymusic said:

Thank you for answering

What I should really find out if i got expedited removal when I was a kid, My brother also requested his Foia because he was also a minor and same thing happened to all of us, his foia came out with no records found and only my moms had something.

Did you get the FOIA on your father?  You had mentioned earlier he was arrested as well at the border.  

An immigration lawyer (not a "regular" lawyer) should be able to help you in better determining what happened in your mother's case after viewing your documents and hearing any other information you may have on it.

Edited October 3, 2017 by Going through

[Skymusic 2]

6 hours ago, Going through said:

Did you get the FOIA on your father?  You had mentioned earlier he was arrested as well at the border.  

An immigration lawyer (not a "regular" lawyer) should be able to help you in better determining what happened in your mother's case after viewing your documents and hearing any other information you may have on it.

My father indeed get arrested and spent time in jail years. Mother got sent back to mexico with us (when we were kids). My brother requested Foia and no results were found (probably because at the time he was also a minor like me). Mother did get results on foia but only talks about 1 voluntary return. I also requested foia and waiting for results. Does CBP Foia release if you had a prior expedited removal?

[Going through 5,671]

5 hours ago, Skymusic said:

My father indeed get arrested and spent time in jail years. Mother got sent back to mexico with us (when we were kids). My brother requested Foia and no results were found (probably because at the time he was also a minor like me). Mother did get results on foia but only talks about 1 voluntary return. I also requested foia and waiting for results. Does CBP Foia release if you had a prior expedited removal?

There is a big difference between voluntary removal and expedited removal....

Even if she voluntarily returned (and from what you've said in this thread so far, it doesn't sound like she received expedited removal)....the bigger fish to fry is that she illegally entered AGAIN with only a 24-hour turnaround time.  

 

A voluntary return won't necessarily trigger the 5-year automatic ban like expedited removal would.  When she entered illegally the second time did she get voluntary return then, too, or did she attend a formal immigration hearing?  If she had a formal hearing, things will be a bit bleaker for her now...but that's not to say it's impossible.

[SusieQQQ 11,586]

On 9/28/2017 at 9:35 AM, geowrian said:

 

NOTE: to be banned with a 9C ban, an immigrant must first accumulate 12 months of aggregate illegal presence, leave the US, and then enter the US EWI again, or attempt to EWI again.

 

Question- this says aggregate of 12 months. Does that mean a total of 12 months even if no particular stay was that long?

[geowrian 22,337]

12 hours ago, SusieQQQ said:

Question- this says aggregate of 12 months. Does that mean a total of 12 months even if no particular stay was that long?

I could be wrong here, but I believe it's referring to the amount of unlawful presence within one entry. So, say somebody EWIs, waits 6 months, gets DACA protection for a year, does not renew DACA, then stays 6+ months. In that case, they had a least a year of total unlawful presence on that entry (assuming they did not ever get and use AP, or otherwise leave the US).