Any hope for spouse of USC who entered after deportation and DUI?

[telso 16]

I was talking with a US citizen today and mentioned my immigration process in passing and she spontaneously said her husband had no papers.  She broke down in tears at one point, and I want to help her if possible, though it's tough, and lawyer who took lots of their money says nothing he can do.  Here's the general timeline.

 

20 years ago: man (Mexican) enters US (I think as a legal tourist).

15 YA: man is passenger in car that gets pulled over, transferred to INS, chooses to self-deport.

13 YA: man comes back illegally (not sure if on foot through open desert or as a tourist).

10 YA: man marries USC, no filing of anything.

5 YA: man gets DUI (USC says "the dummy got a DUI").  Status is discovered, transferred to ICE, is deported for illegal re-entry.  USC takes paper that shows person is deported so can't appear to local court for DUI, court rules man is fugitive from justice.

3 YA: man returns to US illegally (through desert, almost died) to live with USC.

 

USC knows her husband screwed up a lot, and maybe things would be okay if he had done some things differently.  She knows he could be found any day, and that she'll likely be retiring to Mexico.  But she loves him.

 

Is there anything that can be done for this USC I met?  I gather the man would have to face the DUI at some point if he could stay.  Can he file for AOS, with or without an I-130?  Would he have to leave the US first, and would there be a 10-year bar, or is it lifetime?  Is the self-deportation incident (an overstay?), or the second deportation, or the illegal entry(ies) or the DUI what would stop him from staying, or can he get past those?

 

Comments that he made dumb choices or they could have done something differently if only they had filed something earlier are already know by USC and not helpful, nor is sanctimony, none of which will be passed on, nor will it have any effect on me, a person who barely knows this USC.  If they are indeed out of options besides him leaving then they will just continue till she can retire or he gets found again, and then eventually leave the US for Mexico, where she will be spending her social security checks in the local economy.  But if there's something that can help her it would mean the world to her.  He's a good husband who treats her well and made some mistakes.  We all would do anything for our spouses and family, and just want to be together.

[BuiQuang 95]

no option for fugitive to become legal. 

[aleful 1,905]

nope

 

he has 2 deportations and double entry. there are no waivers for double entry, he would have to leave and stay out of the country for 10. maybe even 20 years. but at least 10 years and then he still might be required to file waivers. so she can't even petition for him until he has been out of the country for 10 years

[Redheadguy03 505]

Nope nothing can be done. Criminal activity has consequences. Tell your "friend" their's nothing you can do. 

[geowrian 22,338]

51 minutes ago, telso said:

20 years ago: man (Mexican) enters US (I think as a legal tourist).

15 YA: man is passenger in car that gets pulled over, transferred to INS, chooses to self-deport.

13 YA: man comes back illegally (not sure if on foot through open desert or as a tourist).

10 YA: man marries USC, no filing of anything.

5 YA: man gets DUI (USC says "the dummy got a DUI").  Status is discovered, transferred to ICE, is deported for illegal re-entry.  USC takes paper that shows person is deported so can't appear to local court for DUI, court rules man is fugitive from justice.

3 YA: man returns to US illegally (through desert, almost died) to live with USC.

There's no way to illegally return as a tourist. Either they were inadmissible and snuck across the border (or used false documents), or they got a new visa (with a waiver) legally. I'm highly doubting the latter, so I'm going to assume the former happened.

 

The individual will have a 9C permanent bar at this point. He must leave the US for 10 years before he can be eligible for a waiver.

 

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Is there anything that can be done for this USC I met?  I gather the man would have to face the DUI at some point if he could stay.  Can he file for AOS, with or without an I-130?  Would he have to leave the US first, and would there be a 10-year bar, or is it lifetime?  Is the self-deportation incident (an overstay?), or the second deportation, or the illegal entry(ies) or the DUI what would stop him from staying, or can he get past those?

AOS is not possible with an EWI. He must leave the US before he can become legal. The I-130 can be filed at any point, but he won't be admissible for the visa for at least 10 years, at which point he would be refused for the bar and have an option to try to obtain a waiver. The bar itself is permanent (hence the need for a waiver even after 10 years).

 

The overstay earned him a 10 year bar due to unlawful presence the moment he left the US.

The EWI after that earned him a 9C (permanent) bar.

The DUI may or may not be a CIMT depending on exactly what happened. If so, this is another inadmissibility to be waived.

Not appearing for court is likely a CIMT...he may be able to argue this one based on being deported and unable to appear, but that's an issue down the road at this point.

The EWI again means the 10 year waiting period to be eligible for a waiver will start over when he leaves.

 

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If they are indeed out of options besides him leaving then they will just continue till she can retire or he gets found again, and then eventually leave the US for Mexico, where she will be spending her social security checks in the local economy.

Well, hope to continue...it's possible he may end up behind bars the next time he is caught.

Edited October 23, 2017 by geowrian

[NikLR 13,231]

~~moved from AOS family based to general immigration~~