Deportation Question

[Journey2Juarez 1]

Hello. I’m new here and am probably not in the right forum. Sorry. My husband and I have been been married since 02/14/2005 and have 3 children. He entered illegally at 15 years old and has been here ever since. He is currently 33. We started and stopped the immigration process so many times due to fear of him getting denied and hearing horror stories about people stuck in Mexico for years. 

 

We finally think its it’s time to finish the process. He does have DACA but who knows how long that’ll last. Our waiver was approved on 4/22/2019 (Yayyyy) we sent all our fees and info to NVC and are waiting for a response. 

 

Here’s the problem. My husband just informed me that when he was 14 his parents tried to illegally cross him ( not at a port of entry) and got caught was held for a couple hours and bussed back to Mexico and was released. He is not sure if he was fingerprinted and doesn’t know where the entry was. 

 

Is this going to be a issue at our appointment? Is there a record for these kind of deportations? It was border patrol not ice. There was no court date. I’m so scared now. This was not on any of his paperwork. Like I said he doesn’t even know the location or when exactly this happened. I’m scared now. Any opinions are welcome. Thank you for taking the time to read this!

 

 

 

 

[Roel 7,193]

It might be an issue, since he didn't disclose that in the paperwork.

 

If he was detained then I'm sure immigration had his and his family's illegal crossing attempt documented.

 

[Journey2Juarez 1]

12 minutes ago, Roel said:

It might be an issue, since he didn't disclose that in the paperwork.

 

If he was detained then I'm sure immigration had his and his family's illegal crossing attempt documented.

 

Is there a way to get the records. I sent a FOIH request. Maybe there’s a easier way?

[Boiler 46,152]

Maybe 9C?

 

And to be clear he did or did not disclose this on his filing?

[Journey2Juarez 1]

33 minutes ago, Boiler said:

Maybe 9C?

 

And to be clear he did or did not disclose this on his filing?

He did NOT

[Journey2Juarez 1]

35 minutes ago, Boiler said:

Maybe 9C?

 

And to be clear he did or did not disclose this on his filing?

Thank for the info! I’m going to research the 9c.

[NigeriaorBust 4,087]

 If he was under 18 it probably won't affect him.  Just like most crimes committed before 18 , you aren't an adult so they are forgiven.

[Journey2Juarez 1]

1 minute ago, NigeriaorBust said:

 If he was under 18 it probably won't affect him.  Just like most crimes committed before 18 , you aren't an adult so they are forgiven.

I PRAY this is the case! 

[Journey2Juarez 1]

Should he just admit it when he is asked about entries? I’m thinking that’s the safest bet

[Boiler 46,152]

1 hour ago, NigeriaorBust said:

 If he was under 18 it probably won't affect him.  Just like most crimes committed before 18 , you aren't an adult so they are forgiven.

Not for 9C.

[Boiler 46,152]

19 minutes ago, Journey2Juarez said:

Should he just admit it when he is asked about entries? I’m thinking that’s the safest bet

Assume they know everything you do not want them to and nothing you want them to.

[Journey2Juarez 1]

17 minutes ago, Boiler said:

Not for 9C.

I’m looking up 9c and I’m not too sure what it is. Also, would that entry be covered under his waiver? As long as he tells the truth it maybe won’t be a issue?

[Boiler 46,152]

The Section 212(a)(9)(C)(i)  reads:

Aliens unlawfully present after previous immigration violations.-

(i) In general.-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 [basically any order of removal, which is what deportation is called], and who enters or attempts to reenter the United States without being admitted is inadmissible.

(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien’s last departure from the United States if, prior to the alien’s reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, he Secretary of Homeland Security has consented to the alien’s reapplying for admission.

 

Might have been catch and release. I would not want to be certain on that. Especially when so little is known.

[Journey2Juarez 1]

1 minute ago, Boiler said:

The Section 212(a)(9)(C)(i)  reads:

Aliens unlawfully present after previous immigration violations.-

(i) In general.-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 [basically any order of removal, which is what deportation is called], and who enters or attempts to reenter the United States without being admitted is inadmissible.

(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien’s last departure from the United States if, prior to the alien’s reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, he Secretary of Homeland Security has consented to the alien’s reapplying for admission.

 

Might have been catch and release. I would not want to be certain on that. Especially when so little is known.

It has been well over 10 years since his last entry. Hoping with honesty and the waiver that that won’t be held against him. 

[Crazy Cat 42,367]

13 minutes ago, Journey2Juarez said:

It has been well over 10 years since his last entry. Hoping with honesty and the waiver that that won’t be held against him. 

Has he been outside the US for at least 10 years?