Concerned for fam membr

[LuianCyn 0]

Ok if someone enters the U.S illegally like in 1995 and then his Boss in 1999 applies for work permit in 2000 he goes to Mex and it gets approved does that automatically cancel the first illegal entry Will immigration not look before the work permit his daughter is applying for him she is 25yrs

[PaulaCJohnny 713]

13 minutes ago, LuianCyn said:

Ok if someone enters the U.S illegally like in 1995 and then his Boss in 1999 applies for work permit in 2000 he goes to Mex and it gets approved does that automatically cancel the first illegal entry Will immigration not look before the work permit his daughter is applying for him she is 25yrs

Is a little bit confuse...

Where are he living right now?

Why his daughter is applying for him to get a work permit? Like a work visa you mean?

[LuianCyn 0]

16 minutes ago, Paula&Johnny said:

Is a little bit confuse...

Where are he living right now?

Why his daughter is applying for him to get a work permit? Like a work visa you mean?

HE  had a work visa approved in 2000 and now has been expired for 18yrs he is in the US

[LuianCyn 0]

2 minutes ago, LuianCyn said:

HE  had a work visa approved in 2000 and now has been expired for 18yrs he is in the US

His daughter is a us citizen 

[LuianCyn 0]

44 minutes ago, LuianCyn said:

Ok if someone enters the U.S illegally like in 1995 and then his Boss in 1999 applies for work permit in 2000 he goes to Mex and it gets approved does that automatically cancel the first illegal entry Will immigration not look before the work permit his daughter is applying for him she is 25yrs

-1995 He enters US illegally.                       -2000 goes to Mexico for work permit that a boss gets him.                -2001/2002 Work permit expires he does not renew as he was not working with the same guy.                                         -2020 Now daughter wants to do AOS will it be ok or will they have problems he has filed taxes and been in US ever since 

[belinda63 3,038]

Was he honest when he applied for the work visa and disclosed his illegal entry? 

[LuianCyn 0]

10 minutes ago, belinda63 said:

Was he honest when he applied for the work visa and disclosed his illegal entry? 

I don't think so that's why I'm worried and wonder if they go looking into wall the way back they did in my husband's case BUT they say they are going to put date of entry is 2000 in i485 application 

[payxibka 10,045]

6 minutes ago, LuianCyn said:

I don't think so that's why I'm worried and wonder if they go looking into wall the way back they did in my husband's case BUT they say they are going to put date of entry is 2000 in i485 application 

Sins of the father don't impact 

[LuianCyn 0]

14 minutes ago, payxibka said:

Sins of the father don't impact 

So it won't affect him? Hopefully 

[jan22 3,056]

4 hours ago, payxibka said:

Sins of the father don't impact 

??  Of course, the sins of the father can impact the father himself.  He is the benificiary of the petition, so any ineligibilities he may have will have an impact on him.  (There will be no direct impact upon the daughter, the petitioner, other than how it impacts her father, of course.)

 

As an immediate relative, the overstay will not prevent his adjustment of status.  However, his misrepresentation of a material fact (his prior undocumented entry and work) to obtain an immigration benefit (his work visa) could likely result in a finding of ineligibility for fraud or misrepresentation under 212(a)(6)(C) of the INA.  He would need a waiver of that ineligibility before he could adjust status or obtain an immigrant visa.  Concealing that first undocumented entry would just compound the problem, as it would require yet another misrepresentation on any question(s) asking about US immigration law violations.

 

Even if he manages to successfully conceal it again and his adjustment of status is approved, it could still be a problem in the future.  If ever discovered, it would almost certainly result in deportation order.  Better to be completely honest this time and deal with the issue once and for all by seeking a waiver if he should be found ineligible.  This is the only way to have peace of mind that it will never pose a problem for him or your family again, IMO.

[aaron2020 11,651]

5 hours ago, LuianCyn said:

So it won't affect him? Hopefully 

Here's the problem.  He lied for the work permit by not disclosing his prior stay in the US.  

This is not DIY.  He needs to see a competent immigration attorney who will be honest with him.  Plenty of shady attorneys who will take his money, file paperwork, and not care if he gets an immigration benefit or not.  

[LuianCyn 0]

31 minutes ago, aaron2020 said:

Here's the problem.  He lied for the work permit by not disclosing his prior stay in the US.  

This is not DIY.  He needs to see a competent immigration attorney who will be honest with him.  Plenty of shady attorneys who will take his money, file paperwork, and not care if he gets an immigration benefit or not.  

That's what I was telling them but a lawyer said that it would cancel the prior illegall entry so that's why they're going to put date of entry as 2000  I'm honestly thinking of so many things that can pop up as well because he did have an US ID before he even went to get his work visa I guess they used to just give them out 

[SalishSea 17,833]

59 minutes ago, LuianCyn said:

That's what I was telling them but a lawyer said that it would cancel the prior illegall entry so that's why they're going to put date of entry as 2000  I'm honestly thinking of so many things that can pop up as well because he did have an US ID before he even went to get his work visa I guess they used to just give them out 

Lies beget more lies......

[African Zealot 1,455]

The only answer in this case is get a competent honest immigration attorney. To set his/your mind at ease, he can seek a second opinion from another competent honest immigration attorney however off face value of what you’re telling us, he has previously lied/misrepresented to immigration and he will need a waiver of some sort if he can even adjust in the first place. 

 

Continuing to lie to protect a previous lie sometimes works, sometimes it backfires. Over here we do not recommend lying. You may want to google Operation Janus/Operation Second Look on how old immigration lies sometimes more than twenty years old came back to bite some people in the behind long after they had become citizens and their immigration journey over and their alien files closed.

 

https://www.uscis.gov/archive/uscis-partners-with-justice-department-and-secures-first-denaturalization-as-a-result-of-operation

 

https://www.hoppocklawfirm.com/operation-janus-operation-second-look-denaturalization-citizens-removal-orders/

 

And just to disabuse your mind that such things only happen under particular presidents/political parties, these investigations didn’t start under that twice impeached “anti-immigrant” Trump, they were initiated under guess who? 😁

 

 

Edited January 30, 2021 by Ray.Bonaquist

[LuianCyn 0]

37 minutes ago, Ray.Bonaquist said:

The only answer in this case is get a competent honest immigration attorney. To set his/your mind at ease, he can seek a second opinion from another competent honest immigration attorney however off face value of what you’re telling us, he has previously lied/misrepresented to immigration and he will need a waiver of some sort if he can even adjust in the first place. 

 

Continuing to lie to protect a previous lie sometimes works, sometimes it backfires. Over here we do not recommend lying. You may want to google Operation Janus/Operation Second Look on how old immigration lies sometimes more than twenty years old came back to bite some people in the behind long after they had become citizens and their immigration journey over and their alien files closed.

 

https://www.uscis.gov/archive/uscis-partners-with-justice-department-and-secures-first-denaturalization-as-a-result-of-operation

 

https://www.hoppocklawfirm.com/operation-janus-operation-second-look-denaturalization-citizens-removal-orders/

 

And just to disabuse your mind that such things only happen under particular presidents/political parties, these investigations didn’t start under that twice impeached “anti-immigrant” Trump, they were initiated under guess who? 😁

 

 

Yeah we'll see what happens with his case I think they are banking on them Not finding out just like his wife who just got her Residency Jan,2020 Because she came in with a Tourist Visa but she lied OR did NOT disclose that when she re applied 20yrs ago she had her 2 daughters