Entry after Deportation

[Boiler 45,733]

There is mention of a wife who can file a waiver

[belinda63 3,039]

Question is would a waiver even be possible. At worst a life time ban for a misrepresentation. There might be a 9-C for reentering after a deportation which would be a life-time ban with a waiver available after 10 years outside the US. 

They can try filing for an immigrant visa or AOS but my guess is it won't be good news and it will put him on the radar to be deported again. 

[aaron2020 11,651]

31 minutes ago, ra0010 said:

Ok. I couldn’t find that in OP’s posts. Thank you for the clarification. 
I have another question: when her wife filed taxes, she might have done it MFJ. Wouldn’t that also be a way of finding him?

Filing tax returns does not get people on immigration's radar.  

[Demise 1,304]

10 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?   

Fess up to the fraud, file for AOS and I-601 seeking a misrepresentation waiver. Do a FOIA with EOIR, CBP, ICE, and USCIS for the old alias and see what pops up too.

 

Looks like he was deported as an arriving alien which is a 5 year bar (long since expired) and a 10 year bar for the initial overstay between 1997-2000 (similarly long since expired). Since he was later re-admitted in error the permanent bar under INA 212(a)(9)(C) didn't trigger as that relates solely to re-entering or trying to re-enter without inspection.

 

As long he can prove that his USC wife would suffer extreme hardship from his removal and that he's been an upstanding citizen otherwise since he'll get approved.

 

Finally since it doesn't look he was ever actually issued an NTA then cancellation of removal remains a difficult but valid pathway.

 

52 minutes ago, belinda63 said:

Question is would a waiver even be possible. At worst a life time ban for a misrepresentation. There might be a 9-C for reentering after a deportation which would be a life-time ban with a waiver available after 10 years outside the US. 

They can try filing for an immigrant visa or AOS but my guess is it won't be good news and it will put him on the radar to be deported again. 

9C requires you to re-enter without inspection. If he was admitted back, even if in error, then 9C doesn't trigger.

Edited December 31, 2021 by Demise

[African Zealot 1,455]

Upon reexamination as you provided more details, it appears his situation is not as hopeless as as we originally thought. He was lawfully inspected and admitted (although he would have been denied if he used his real identity), he didn’t sneak in. That’s key.

 

His situation is very bad but not beyond fixing. Get a very good immigration attorney with experience in waivers and he might be able to adjust. It’s however likely he will need multiple waivers or at least a consolidated one and may have to spend some time abroad.

 

Although he broke immigration law which in some cases is criminal, I won’t judge a man too harshly for trying to reunite with his family. He complicated his case unnecessarily by leaving and returning instead of trying to fix the initial fraud from within the USA 🇺🇸.

 

All the best.

Edited December 31, 2021 by African Zealot

[aaron2020 11,651]

2 hours ago, Demise said:

Fess up to the fraud, file for AOS and I-601 seeking a misrepresentation waiver. Do a FOIA with EOIR, CBP, ICE, and USCIS for the old alias and see what pops up too.

 

Looks like he was deported as an arriving alien which is a 5 year bar (long since expired) and a 10 year bar for the initial overstay between 1997-2000 (similarly long since expired). Since he was later re-admitted in error the permanent bar under INA 212(a)(9)(C) didn't trigger as that relates solely to re-entering or trying to re-enter without inspection.

 

As long he can prove that his USC wife would suffer extreme hardship from his removal and that he's been an upstanding citizen otherwise since he'll get approved.

 

Finally since it doesn't look he was ever actually issued an NTA then cancellation of removal remains a difficult but valid pathway.

 

9C requires you to re-enter without inspection. If he was admitted back, even if in error, then 9C doesn't trigger.

He was not re-admitted in error.

He lied to obtain a visa using a different passport.

 

There are multiple problems.

 

1.  Lied to get the visitor visa after failing to get an immigration visa.

2.  Was deported.

3.  Used a different passport and lied to get a visa to enter the US.

 

Multiple material misrepresentations.  

Not a DIY.  

[aaron2020 11,651]

25 minutes ago, African Zealot said:

Upon reexamination as you provided more details, it appears his situation is not as hopeless as as we originally thought. He was lawfully inspected and admitted (although he would have been denied if he used his real identity), he didn’t sneak in. That’s key.

 

His situation is very bad but not beyond fixing. Get a very good immigration attorney with experience in waivers and he might be able to adjust. It’s however likely he will need multiple waivers or at least a consolidated one and may have to spend some time abroad.

 

Although he broke immigration law which in some cases is criminal, I won’t judge a man too harshly for trying to reunite with his family. He complicated his case unnecessarily by leaving and returning instead of trying to fix the initial fraud from within the USA 🇺🇸.

 

All the best.

He was inspected and admitted after he lied to obtain a visa using his real passport in 2000.  So the admission was not exactly clean.  It was full of material misrepresentation because I doubt he disclosed that he used a fake passport to enter the US or was deported in obtaining that visa.  

[Demise 1,304]

6 minutes ago, aaron2020 said:

He was not re-admitted in error.

He lied to obtain a visa using a different passport.

 

There are multiple problems.

 

1.  Lied to get the visitor visa after failing to get an immigration visa.

2.  Was deported.

3.  Used a different passport and lied to get a visa to enter the US.

 

Multiple material misrepresentations.  

Not a DIY.  

I use "in error" as "CBP let him in when they should've grabbed him by the shoulders, spun him 180 degrees, and gave him a kick for good luck onto the first plane going in the opposite direction".

 

The requirements for "admission or parole" under 245(a) as defined by a bunch of BIA precedents are what they are, you show up, don't pretend to be a US Citizen, and you get through - you've been lawfully admitted. This extends even to cases like a "Quilantan entry" where you're just a passenger in a car, don't get asked anything regarding whether you're a USC, CBP agent is being lazy, and just waves the whole car through.

 

Still, none of those things cannot be overcome since none cause an unwaiveable bar. I do agree, not a DIY case, but does he have a case, yes he does.

Edited December 31, 2021 by Demise

[Dhat19 2]

Thank you all for your feedback. Lots of great information here to unpack. He's going to hunt down a good immigration attorney with experience in waivers. Of course, that is a challenge itself, as most immigration attorneys claim to do the same thing; however, experience will be key in this matter. 

 

In conjunction with seeking an attorney, do a FOIA with EOIR, CBP, ICE, and USCIS for the old alias and see what pops up.

 

 

[Crazy Cat 41,984]

1 hour ago, Dhat19 said:

Thank you all for your feedback. Lots of great information here to unpack. He's going to hunt down a good immigration attorney with experience in waivers. Of course, that is a challenge itself, as most immigration attorneys claim to do the same thing; however, experience will be key in this matter. 

 

In conjunction with seeking an attorney, do a FOIA with EOIR, CBP, ICE, and USCIS for the old alias and see what pops up.

 

 

"old alias"......OK....The proper terms might be willful material misrepresentation and forgery.  

Edited December 31, 2021 by Crazy Cat

[Crazy Cat 41,984]

7 hours ago, African Zealot said:

He was lawfully inspected and admitted (although he would have been denied if he used his real identity), he didn’t sneak in. That’s key.

Can he have been "lawfully inspected" when he had "dirty hands"?  

[Redro 4,611]

 

10 hours ago, Demise said:

Fess up to the fraud, file for AOS and I-601 seeking a misrepresentation waiver. Do a FOIA with EOIR, CBP, ICE, and USCIS for the old alias and see what pops up too.

 

Looks like he was deported as an arriving alien which is a 5 year bar (long since expired) and a 10 year bar for the initial overstay between 1997-2000 (similarly long since expired). Since he was later re-admitted in error the permanent bar under INA 212(a)(9)(C) didn't trigger as that relates solely to re-entering or trying to re-enter without inspection.

 

As long he can prove that his USC wife would suffer extreme hardship from his removal and that he's been an upstanding citizen otherwise since he'll get approved.

 

Finally since it doesn't look he was ever actually issued an NTA then cancellation of removal remains a difficult but valid pathway.

 

9C requires you to re-enter without inspection. If he was admitted back, even if in error, then 9C doesn't trigger.

So, the ban no longer applies even though he was living in the US?

I was watching a Jim Hacking youtube and he stated being admitted entry by mistake when you had a ban would "pause" said ban..and the ban only expires if you are outside the US for the entire period. 

If he is incorrect that would be good news for anyone allowed back in the States when they had a ban in place. 

Edited December 31, 2021 by Kor2USA

[jan22 3,056]

10 hours ago, Demise said:

. . .

Looks like he was deported as an arriving alien which is a 5 year bar (long since expired) and a 10 year bar for the initial overstay between 1997-2000 (similarly long since expired). Since he was later re-admitted in error the permanent bar under INA 212(a)(9)(C) didn't trigger as that relates solely to re-entering or trying to re-enter without inspection.

. . .

Just to clarify, the ban for overstaying has not ..."long since expired..." since he did not remain outside the US for 10 years after his deportation; plus, his last entry was in 2000 and he has not left the US since.  You cannot eliminate an overstay ban by remaining in the US; it is not triggered until you Ieave the US.  (The same might be argued about the deportation ban as he did not remain outside the US for 5 years, but that is certainly not clear, since his re-admittance to the US -- even though he was inadmissible at the time -- muddies the case.)

 

But, putting aside those issues -- since overstays are routinely waived for spouses of US citizens-- his bigger problem remains the multiple occurrences of fraud and misrepresentation, to both consular and immigration officers, that were committed.  USCIS takes multiple occurrences very seriously -- especially when they get fooled more than once into admitting the same person who is ineligible for admittance.  Obtaining a false passport, using it to apply for and receive a visa (after having been denied an immigrant visa, I believe), and using that visa to enter the US, would actually likely be found to support a finding of fraud, not just misrepresentation.

Edited December 31, 2021 by jan22

[Rocio0010 5,580]

7 minutes ago, jan22 said:

and using that visa to enter the US, would actually likely be found to support a finding of fraud, not just misrepresentation

I wonder, also, if there is more misrepresentation once he was inside the US for all these years, such as using his fake identity to obtain a government benefit…

[JeanneAdil 6,581]

Read this article about those immigration "promises"

https://www.witf.org/2021/12/28/immigration-hopes-for-bidens-first-year-largely-unfulfilled-in-pa/

 

Far from the U.S.-Mexico border, shifts in immigration enforcement in Pennsylvania illustrate how policies have only changed slightly.

Immigrant detention has increased by more than 50 percent under Biden, and three communities in the commonwealth dealt with the issue.

 

And this one as even DACA has gone back and forth with Presidents / its got to be confusing

 

https://www.nolo.com/legal-encyclopedia/who-has-the-power-to-change-u-s-immigration-law.html