PLEASE HELP! DACA with prior deportation

[Rem79 0]

My friend is a DACA recipient.  He's 36 y/o living in the US.  He's been here (permanently, but not legally) since he was 17 y/o.  He was deported, at the age of 17, after being caught and jailed in OK for a few months.  He had a "hearing" with a judge (who was on speaker phone) and received his one forgiveness before being deported.  At that same time, he signed something saying that he wouldn't return to the US.  He returned a few months later (early 1999) and has been living here ever since.  He got married in 2007 to a US citizen and has 2 children (11 & 5).

 

He applied for DACA and was accepted because he first came here with his family when he was 9 y/o and he was in school for about a year before returning to Mexico.  He also recently had his I-130 accepted for the first time, on the third attempt, because he has DACA.   So my question is this... does DACA make the prior deportation "go away"?  He's constantly being told by immigration attorneys that his case is "very difficult" and he should "just wait to see what congress decides about DACA".  What should happen next in order to move forward?

[geowrian 22,337]

Yes, very difficult. He likely has a 9C bar since he was ordered removed and returned. This is a permanent bar and can only be waived after being outside the country for 10 years.

DACA does not remove a past offense or order...only defers is. That said, I'm personally unsure if/how AP may impact in this type of case. Normally, if one were to use AP to re-enter the US, they could file for AOS, but I would assume the 9C bar would still be in effect in this case.

 

Edit: 9C bar: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2665

https://www.nolo.com/legal-encyclopedia/the-permanent-bar-immigration-certain-repeat-violators.html

"The permanent bar comes from Section 212(a)(9)(C)(i) of the I.N.A., which makes inadmissible “Any alien who (I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or (II) has been ordered removed under section 235(b)(1) , section 240 , or any other provision of law, and who enters or attempts to reenter the United States without being admitted.” "

Edited March 4, 2018 by geowrian

[Crazy Cat 41,982]

24 minutes ago, Rem79 said:

What should happen next in order to move forward?

I would stay in close contact with a very good attorney....A 9C bar is a very steep hill to climb.

 

Personally, I don't understand how he has DACA status.  I think he is a very precarious situation.

Edited March 4, 2018 by missileman

[Boiler 45,730]

Agree 9C

[Rem79 0]

I don't believe he has that.  He meets with ICE/USCIS either every year or every two years and has a US SSN, and work permit.

[Boiler 45,730]

The permanent bar comes from Section 212(a)(9)(C)(i) of the I.N.A., which makes inadmissible “Any alien who (I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or (II) has been ordered removed under section 235(b)(1) , section 240 , or any other provision of law, and who enters or attempts to reenter the United States without being admitted.” This part of the law came from legislative changes made in 1996, called the Illegal Immigration Reform and Immigrant Responsibility Act or IIRIRA.

[Crazy Cat 41,982]

47 minutes ago, Boiler said:

The permanent bar comes from Section 212(a)(9)(C)(i) of the I.N.A., which makes inadmissible “Any alien who (I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or (II) has been ordered removed under section 235(b)(1) , section 240 , or any other provision of law, and who enters or attempts to reenter the United States without being admitted.” This part of the law came from legislative changes made in 1996, called the Illegal Immigration Reform and Immigrant Responsibility Act or IIRIRA.

I'm certainly no expert on DACA, I don't understand how a person can gain that status "because he first came here with his family when he was 9 y/o and he was in school for about a year before returning to Mexico'.  It seems reasonable to me that the DACA status would be null and void after leaving the US, then illegally crossing the border at age 17.....smh.

[Rem79 0]

I don't know how he has it, but I'm glad he does.  I'm just trying to understand where we can go from here!  

[Unlockable 7,315]

Unfortunately, he is at the mercy of whatever the government decides. At any time they could revoke DACA.

 

I agree that with his history a very good lawyer should be on retainer.

[geowrian 22,337]

3 hours ago, Rem79 said:

I don't believe he has that.  He meets with ICE/USCIS either every year or every two years and has a US SSN, and work permit.

Okay, nobody can make you believe it. But read the law section posted above (from the INA). He meets the criteria I marked in bold and would be subject to the bar that goes with it.

 

DACA is discretionary...they can issue it to somebody who is inadmissible. Actually, people with inadmissibilities make up the vast majority of individuals who receive DACA last time I checked. Just because he has DACA doesn't mean he cannot have a 9C bar.

[Boiler 45,730]

I am sure he knows the situation, plenty out the web, he has 10 years basically outside the US then his USC wife can file a waiver.

[aratamorne 165]

DACA only prevents him from being deported, it is not a guarantee of AoS approval.  Basically, until he meets the 10 years outside the US for the 9C, he will most likely not get approved.  And I agree Missileman, I don't know how someone who willfully re-enters after being deported at 17 qualifies for DACA....

 

Good luck, but honestly all the lawyers are doing is taking his money and delaying the inevitable with that 9C ban.

[Rem79 0]

I'm going to type the whole story so all information is here... it may be long but I appreciate the help more than you know!

 

My boyfriend of over 2 years is trying to obtain his residence and I am looking to help him/maybe be his (new) sponsor.  Here is his story...

 

When he was approximately 9 years old he first came to the US with his family and lived (and went to school, 4th grade) here for about a year (around 1990).  They returned to Mexico after that year and he came back to the US with his father and uncle and other adult men when he was 17 years old (1998).  They were caught in Oklahoma (on his 17th birthday) and he was in jail for about 2 months before seeing a judge (1999).  When he had his hearing, the judge was present via speaker phone.  He was deported and said he remembers signing something saying he wouldn't return for 10 years; this was his one "forgiveness".  He came back to the US about 3-4 months later (still 1999) and has been here ever since.  In 2007 married a US citizen, and they had a baby; they had their second child in 2012.  She applied for the I-130 on his behalf twice and was denied both times because of the deportation.  He applied for DACA at the advice of his lawyer and was approved (almost/about a year ago).  She then reapplied for the I-130 and it was finally accepted (roughly 8 months ago, maybe less).  He has a US SSN, driver's license, and a 2 year work permit.  He also meets with ICE annually or every 2 years.  

 

They have a lawyer that they've been working with for the last few years but he's discouraged with the lack of progress.  He has sought the advice of two other attorneys and has basically been told that his case is very complicated and he should wait and see what Congress decides about DACA.  The last one told him that a U Visa would be the only thing that "forgives" the deportation.  He was also told to keep his I-130 with him and be sure to continue to renew it (I think in case of amnesty).

 

Here's where the questions lie:  we want to be together and are trying to find out if he can continue the process with me.  The only reason they ever got married was because she got pregnant.  They were never in love, but now he's feeling trapped in a situation he doesn't want to be in, though he loves his children more than anything in the world.  What can we do?

(Please no hateful stuff here.... we're very much in love and we are both good people who have found themselves in a difficult situation.)

 

 

[Boiler 45,730]

Move to Mexico or, Border living, for 10 years. 

[britishandusa 446]

8 hours ago, Rem79 said:

I'm going to type the whole story so all information is here... it may be long but I appreciate the help more than you know!

 

My boyfriend of over 2 years is trying to obtain his residence and I am looking to help him/maybe be his (new) sponsor.  Here is his story...

 

When he was approximately 9 years old he first came to the US with his family and lived (and went to school, 4th grade) here for about a year (around 1990).  They returned to Mexico after that year and he came back to the US with his father and uncle and other adult men when he was 17 years old (1998).  They were caught in Oklahoma (on his 17th birthday) and he was in jail for about 2 months before seeing a judge (1999).  When he had his hearing, the judge was present via speaker phone.  He was deported and said he remembers signing something saying he wouldn't return for 10 years; this was his one "forgiveness".  He came back to the US about 3-4 months later (still 1999) and has been here ever since.  In 2007 married a US citizen, and they had a baby; they had their second child in 2012.  She applied for the I-130 on his behalf twice and was denied both times because of the deportation.  He applied for DACA at the advice of his lawyer and was approved (almost/about a year ago).  She then reapplied for the I-130 and it was finally accepted (roughly 8 months ago, maybe less).  He has a US SSN, driver's license, and a 2 year work permit.  He also meets with ICE annually or every 2 years.  

 

They have a lawyer that they've been working with for the last few years but he's discouraged with the lack of progress.  He has sought the advice of two other attorneys and has basically been told that his case is very complicated and he should wait and see what Congress decides about DACA.  The last one told him that a U Visa would be the only thing that "forgives" the deportation.  He was also told to keep his I-130 with him and be sure to continue to renew it (I think in case of amnesty).

 

Here's where the questions lie:  we want to be together and are trying to find out if he can continue the process with me.  The only reason they ever got married was because she got pregnant.  They were never in love, but now he's feeling trapped in a situation he doesn't want to be in, though he loves his children more than anything in the world.  What can we do?

(Please no hateful stuff here.... we're very much in love and we are both good people who have found themselves in a difficult situation.)

 

 

The answer is no, he cannot just suddenly switch over to the process with you. He is not even married to you for it to work. He’d have to divorce, gather paperwork and YOU have to reapply for him. Honestly, your best bet for being together is to move to Mexico.