Chances of denied a visa/green card

[Sweetchio 0]

I am a DACA recipient and my spouse is petitioning to adjust my status. My only concern is that I have 2 EWI but as a minor. I applied for my DACA at 17 and was granted it 2 months after I turned 18. My understanding is that I only accumulated 2 months of unlawful presence since my time in the US as a minor does not count. That means that even though I entered & reentered the US, I cannot get a permanent bar as I don't have 365 days of unlawful presence, correct? I just want to be sure I'm ok to leave the US for when my interview is scheduled. 

[Boiler 45,730]

How did you enter and re enter, that could be an issue.

 

You mention 2 Ewi which would make you subject to 9C.

Edited August 5, 2021 by Boiler

[HRQX 4,145]

8 minutes ago, Boiler said:

How did you enter and re enter, that could be an issue.

Yup, 2 Entries Without Inspection (EWI) is a major issue. https://www.lowellsun.com/2021/05/22/lowell-woman-banned-from-us-re-entry-among-immigrants-president-biden-calling-to-protect/

"Her problem however was that she triggered the permanent bar under INA 212(a)(9)(C) for an unlawful re-entry, she EWI'd twice, first time at 6, second time at 10. The only waiver for this bar requires you to spend 10 years outside the US. While in US the only way to get around it is via cancellation of removal which is what she should've done."

Edited August 5, 2021 by HRQX

[Sweetchio 0]

26 minutes ago, HRQX said:

Yup, 2 Entries Without Inspection (EWI) is a major issue. https://www.lowellsun.com/2021/05/22/lowell-woman-banned-from-us-re-entry-among-immigrants-president-biden-calling-to-protect/

"Her problem however was that she triggered the permanent bar under INA 212(a)(9)(C) for an unlawful re-entry, she EWI'd twice, first time at 6, second time at 10. The only waiver for this bar requires you to spend 10 years outside the US. While in US the only way to get around it is via cancellation of removal which is what she should've done."

This is what has me worried. I saw the case of the girl from Lowell. My case is similar to where I was brought here at 6 but went back shortly after. A couple years later, I was brought back to the US. Illegally without inspection both times. My lawyer assures me that I should be fine since I don't have 365 days of unlawful presence with the re entry. But I want second opinions

[Boiler 45,730]

17 minutes ago, Sweetchio said:

This is what has me worried. I saw the case of the girl from Lowell. My case is similar to where I was brought here at 6 but went back shortly after. A couple years later, I was brought back to the US. Illegally without inspection both times. My lawyer assures me that I should be fine since I don't have 365 days of unlawful presence with the re entry. But I want second opinions

http://www.scottimmigration.net/content/about-us

[Boiler 45,730]

I have not seen CoR mentioned for a very long time, something I always took to be the last throw of the dice, you need to be in removal proceedings to start with.

[Sweetchio 0]

I guess my question is if the permanent bar is applied solely on the base that you have more than one illegal entry. 

 

under INA 212(a)(9)(C)(i)(I) if:

• You accrued an aggregate period of more than one year of unlawful presence in the United States on or after April 1, 1997, and then departed the United States or were removed from the United States; and
• You entered or attempted to reenter the United States on or after April 1, 1997, without a DHS officer admitting or paroling you into the United States.

You become subject to the permanent bar. But if I only have have a reentry without the accured 365 days, do I still risk getting the permanent bar? 

 

[HRQX 4,145]

5 minutes ago, Sweetchio said:

But if I only have have a reentry without the accured 365 days, do I still risk getting the permanent bar?

How much time elapsed exactly between the first EWI and when you first left the US?

[Boiler 45,730]

One of the reasons I put Laurel Scott's link up here is she does this stuff day in and day out. there are of course others that specialise in this area.

 

Here we see a few a year and as I mentioned a long time since I have seen a CoR.

 

My concern is that you have a lawyer who it seems has not mentioned, investigated, discussed this issue, we are amateurs but this should be basic stuff for a Lawyer.

 

And some of the data is imprecise, the first thing a Lawyer should do is a fact find, details can be very important.

[Sweetchio 0]

34 minutes ago, HRQX said:

How much time elapsed exactly between the first EWI and when you first left the US?

A little under 6 months