Entry after Deportation

[Dhat19 2]

 

Hi, I have a friend that's in this situation. In 1997 he came to the United States with a visa under a fake name to be with family; he overstayed the visa. Went back to his county in 2000 under the same alias. 

He was entering the U.S again in 2000 and was detained, fingerprinted, and placed on the next flight back home  ( not sure if it was actual deportation or removal for over staying visa  ) .

He obtained a passport under his correct name and re-entered the U.S a few months later in 2000; and has been here ever since. Hasn't gotten into any trouble. His wife,  kids, and parents are all USC now. 

 

Is there anything that can be done?   

Edited December 30, 2021 by Dhat19
speling

[Loren Y 2,756]

He won't have any problems until he gets arrested and fingerprinted, or has his fingerprints run for a job, or any other reason. Since he had prints taken under both names, it will take the NCIS computer about 3 seconds to flag his profile for review, and then the nightmare will begin. He will be fine until something happens and they catch him. I don't see any legal way for him to ever obtain any type of legal status here in the US. Any way he gets petitioned by family such as from USC spouse requires fingerprints to be taken, and he will be found out. I'm not sure if having his USC wife file for him and being honest from the get-go is going to help in this situation. From the sounds of things the rules and regulations he possibly violated will end up with a permanent ban.

in 2000 did he enter with a tourist visa and overstay? even entering with inspection I don't think he will have a way to legal residence in the US. Definitely consult the " Johnny Cochran" of immigration attorneys on this one.

Edited December 30, 2021 by Loren Y

[aaron2020 11,651]

Find a really really good immigration attorney.

 

Using fake documents to enter the US in 1997.  Fingerprinted, sent back home, and is in the system in 2000.  LIED again to obtain a visa in 2000 to enter the US.  If he applies for anything with USCIS, he will likely get flagged and most likely inadmissible.  Gonna need a really really good immigration attorney to overcome this inadmissibility . . . if it is even possible to overcome.  

[Crazy Cat 41,984]

58 minutes ago, Dhat19 said:

 

Hi, I have a friend that's in this situation. In 1997 he came to the United States with a visa under a fake name to be with family; he overstayed the visa. Went back to his county in 2000 under the same alias. 

He was entering the U.S again in 2000 and was detained, fingerprinted, and placed on the next flight back home  ( not sure if it was actual deportation or removal for over staying visa  ) .

He obtained a passport under his correct name and re-entered the U.S a few months later in 2000; and has been here ever since. Hasn't gotten into any trouble. His wife,  kids, and parents are all USC now. 

 

Is there anything that can be done?   

As soon as they tie his fake identity to his finger prints, he will be swiftly be removed...and he could see a jail term before exiting.  I don't see an attorney fixing this crime.

Edited December 30, 2021 by Crazy Cat

[Allaboutwaiting 2,503]

Agreed with previous comments: he's inadmissible for both fraud and willful misrepresentation in two different occasions.

No path to become an LPR and high probability of facing deportation.

Edited December 30, 2021 by Allaboutwaiting

[Rocio0010 5,580]

2 hours ago, Dhat19 said:

he came to the United States with a visa under a fake name to be with family;

Curious to see why he did something like this. Anyways, 

 

2 hours ago, Dhat19 said:

he came to the United States with a visa under a fake name to be with family;

Misrep#1

2 hours ago, Dhat19 said:

he overstayed the visa

Violation #2

 

2 hours ago, Dhat19 said:

Went back to his county in 2000 under the same alias.

Continued the misrep

(He possibly misrepresented himself in more than one way in the three years he was here)

2 hours ago, Dhat19 said:

Hasn't gotten into any trouble

Sort of irrelevant now. The previous misrepresentation is more serious.

 

2 hours ago, Dhat19 said:

His wife,  kids, and parents are all USC now

Irrelevant in light of the material misrepresentation (because he lied to obtain an immigration benefit, and there might be some identity theft too).

I honestly don't know if there is much an attorney can do at this point. He's between a rock and a hard place, because they'll find him once he gets fingerprinted (and he will have to, in order to adjust status).

[Dashinka 24,636]

Definitely not a DIY case here.  I agree with the other comments above.  The friend needs to hire a very good immigration attorney to see if there is any hope.

[Dhat19 2]

Thank you all for your comment. Yea from my research that is what I'm noticing that this is a tough one and requires a good attorney.    Do you think Biden immigration reform would have any assistance on matters like this?  

[SalishSea 17,970]

Just now, Dhat19 said:

Thank you all for your comment. Yea from my research that is what I'm noticing that this is a tough one and requires a good attorney.    Do you think Biden immigration reform would have any assistance on matters like this?  

Assistance?  Not at all.  

[Rocio0010 5,580]

11 minutes ago, Dhat19 said:

would have any assistance on matters like this

Mmmm no. He made the wrong choices, and, while this administration might be more lenient towards undocumented immigrants and their path to naturalization might be easier than the ones in the past, I don't think there is much assistance when material misrepresentation is involved.

[Crazy Cat 41,984]

24 minutes ago, Dhat19 said:

Do you think Biden immigration reform would have any assistance on matters like this?  

What?  Using fake documents to enter the US is a very, very serious matter......Serious jail time could be the result.

Edited December 30, 2021 by Crazy Cat

[Timona 4,208]

3 hours ago, Dhat19 said:

 

Hi, I have a friend that's in this situation. In 1997 he came to the United States with a visa under a fake name to be with family; he overstayed the visa. Went back to his county in 2000 under the same alias. 

He was entering the U.S again in 2000 and was detained, fingerprinted, and placed on the next flight back home  ( not sure if it was actual deportation or removal for over staying visa  ) .

He obtained a passport under his correct name and re-entered the U.S a few months later in 2000; and has been here ever since. Hasn't gotten into any trouble. His wife,  kids, and parents are all USC now. 

 

Is there anything that can be done?   

 

How'd his wife and kids obtain Citizenship?

 

[Dhat19 2]

12 minutes ago, Timona said:

 

How'd his wife and kids obtain Citizenship?

 

The family received green cards to come to the U.S except for him. After years they applied for citizenship and were granted.   In some counties, people often get visa approval and denial with a flip of a coin.  It was one of those desperate acts to stay with the family since they were young and not understanding the rules of the land.  the family is grown and now the act of desperation has caught up to him trying to figure out a way if possible. Very hard worker. He washes cars and does carpentry work. 

[Crazy Cat 41,984]

16 minutes ago, Dhat19 said:

He washes cars and does carpentry work. 

Another violation of law....and reason he can be deported.

Edited December 30, 2021 by Crazy Cat

[nastra30 2,297]

There are just too many violations here, I just don't see a path for him in the US when he's found out. Even on his current visa he has overstayed his visa and working illegally on top of that.