N400 Interview went bad

[Roel 7,193]

2 hours ago, Nikolet Kamenov said:

Is her son an American Citizen?

If i were you i would get him to sponsor her now and send her documents in tomorrow. Once her application is in her status is in process sooo that might be okay...

Son needs to be 21 to sponsor mother. 

 

Plus it doesn't matter since the mother is apparently undocumented. Means she cannot adjust status in the US at all. Ever. 

 

She'd would need to go back to Mexico. Face the 10 year ban and then start the sponsoring process. 

 

Sorry this might not be the popular opinion but the officer at the interview had a right to react that way about the illegal person. 

[Nikolet Kamenov 77]

7 minutes ago, Roel said:

Son needs to be 21 to sponsor mother. 

 

Plus it doesn't matter since the mother is apparently undocumented. Means she cannot adjust status in the US at all. Ever. 

 

She'd would need to go back to Mexico. Face the 10 year ban and then start the sponsoring process. 

 

Sorry this might not be the popular opinion but the officer at the interview had a right to react that way about the illegal person. 

What why cant she adjust status?

[gc@gc 184]

6 minutes ago, Nikolet Kamenov said:

What why cant she adjust status?

 

in order to be able to adjust immigration status in the states, one has to enter to the states legally at first place

Edited March 25, 2018 by gc@gc

[Roel 7,193]

4 minutes ago, Nikolet Kamenov said:

What why cant she adjust status?

OP said the wife crossed the border walking which means she wasn't inspected by the border control. Means she doesn't have ANY status at all right now. No status means she has nothing to adjust from. 

 

So pretty much means if she ever wants to be legal she needs to go back. Might as Well do it willingly right now before ICE (who are now aware of her) will deport her. Because it will happen. 

Edited March 25, 2018 by Roel

[Nikolet Kamenov 77]

12 minutes ago, Roel said:

OP said the wife crossed the border walking which means she wasn't inspected by the border control. Means she doesn't have ANY status at all right now. No status means she has nothing to adjust from. 

 

So pretty much means if she ever wants to be legal she needs to go back. Might as Well do it willingly right now before ICE (who are now aware of her) will deport her. Because it will happen. 

Look at all her options before giving up. Speak to a lawyer. 

[Roel 7,193]

5 minutes ago, Nikolet Kamenov said:

Look at all her options before giving up. Speak to a lawyer. 

 

You need to stop giving wrong advices. Yes the wife will need a waiver once she go back to the Mexico because she will have 10 year ban. But this cannot be done from within the US. 

 

If wife gets deported then OP should consider moving to the Mexico for few years. Because this will not be a fast process. Not to mention who knows if his citizenship will be denied or not. 

[Going through 5,671]

2 hours ago, Nikolet Kamenov said:

Look at all her options before giving up. Speak to a lawyer. 

A lawyer is not going to be able to change the fact that the wife entered the country illegally, or change immigration law as it applies to her.

If she is under expedited removal, deported, or given the option of voluntary departure, the wife will have no legal choice but to go back to Mexico, automatically trigger 10 year bar, then apply for the waiver from Mexico once she is sponsored the legal way.  There is nothing she can legally do to adjust status from within the US, due to her crossing the border without inspection, and as mentioned before she cannot apply for the waiver from inside the US.

 

The husband faces the real possibility of having his citizenship denied...in that case, he can continue as a LPR and sponsor her once she is back in Mexico.

 

[Going through 5,671]

Interesting also that the IO kept your foreign passport after the interview----did she explain why?

[Alabamak1 688]

 

6 hours ago, Nikingas said:

She was never arrested and she doesn’t work I feel better now that you said I will get my documents back at this point I don’t care about citizenship just want my life in peace back 

I hope you don't just want to drop your N-400 out the window. You have as i see it 2 problems in your hands, get your documentation back and finish your N-400 petition and not have waisted your money and effort on doing this. If i where you i would now, definitely try to get citizenship to avoid future problems with ICE.  As for your wife...that is another matter that probably could haunt you, because of efforts of the current administration to go after the low hanging fruit

[MeAlone 161]

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

If convicted in Court, he could face 10 years in prison and $250,000 fine

[MeAlone 161]

It is very serious, passport and green card taken means the USCIS employee will probably give them to ICE or any immigration authority for to cancel not only the Citizenship application but also his green card and to deport him, as well his wife. The OP needs a lawyer, there will be probably criminal charges and Court for him because he is / was harboring an illegal alien. The government also could get his house, cars and his accounts. Sorry

[arken 4,197]

5 minutes ago, Gorkhali said:

 Hi there 

 

yes, we all know OP did the crime.

 

Marrying an undocumented person is not a crime. 

[Gorkhali 214]

1 minute ago, arken said:

Marrying an undocumented person is not a crime. 

harboring undocumented immigrant is and that is what I was referencing about. 

[MeAlone 161]

Let's hope the USCIS employee doesn't prosecute or doesn't have the access to send the OP to Court and just gives him his documents back, denying the citizenship. Offering to cancel the citizenship application, it was helping OP to stay away from the problems but he insisted in continue. Usually it is advised to all citizenship applicants, not to apply if they have any problems with the law but continue living as a green card holder because the citizenship process does a very deep background check and if there is the law violation, the citizenship process can trigger prosecution, take out the green card and deport. Let's hope the USCIS employee is not very active in insisting to send OP to court. In this situation it is not only his wife could be deported but also himself.

[NikLR 13,231]

7 hours ago, Roel said:

 

You need to stop giving wrong advices. Yes the wife will need a waiver once she go back to the Mexico because she will have 10 year ban. But this cannot be done from within the US. 

 

If wife gets deported then OP should consider moving to the Mexico for few years. Because this will not be a fast process. Not to mention who knows if his citizenship will be denied or not. 

You tend to forget the I-601A waiver. 

https://www.uscis.gov/i-601a