US Man’s wife stuck in Mexico and cannot return

[MrTee12 64]

This is a story that was published in my local news.  I know the family.
 

Mexican National cannot legally return to US with Husband and kids

 

Long story short:

-She arrived in the USA at 4yrs old illegally and has lived here most of her life 

-At 22yrs old, she married a US citizen (2012) in the States 

-They have 5 children together 

-She wanted to file legal documents to become a legal resident, obtain a license, etc

-She was advised to fly to Mexico to start the process

- She was denied Re-Entry to the USA

- Its been 18 months since her denial and she has been stuck in Mexico ever since

-Family is desperate for solutions 

-Lawyer states she may have to stay in Mexico (separated from her husband 5 kids for up to 10 years)

 

Does anyone have any advice? Any sort of help is appreciated!

 

Thanks

 

 

 

 

 

 

[TBoneTX 45,079]

Sympathies, but this is the law.

Try to involve husband's Congressman.

Can't make additional recommendations that wouldn't violate Terms of Service.

[Boiler 45,390]

According to the article all she needs is a waiver, I 601, for the ban and the article implies it has been filed. So a pretty straightforward case. Most waivers are approved and it should be pretty straightforward assuming nothing has been left out.

 

Quote

Born in Puebla, Mexico, in 1991, Roberts, 31, was brought to the States when she was 4 without legal documents, she said. For part of that trip, she said, “I was in the airplane with strangers. I was traveling with a white couple.”

This is intriguing, often this implies a false claim to US Citizenship but presumably not in this case. If she had been inspected, assuming not using a US Passport, then she could have adjusted and avoided all this.

[Boiler 45,390]

And if you are wondering how this happened.

 

Quote

My wife has been stuck in Mexico for several months now because the lawyer that we have paid (for Immigration services) did not know what he was doing. This Lawyer separated my wife from her kids and husband due to negligence and a lack of understanding of the job he was hired to do. As time progressed, we noticed imperfections and inconsistency in his work, along with lies repeatedly told to my wife and I which has put us in this current situation.

 

[Mike E 11,739]

1 hour ago, MrTee12 said:

Does anyone have any advice? Any sort of help is appreciated!

This is sad.  Had they asked here or  any of dozens of immigration websites they would have been told to not not leave the USA.  They need to fire their lawyer and get a competent  one. Sounds like they have done that.  The new lawyer will file for a waiver to overcome her 10 year ban.  Hopefully he has done that.
 

 However think in terms that  coming back to the USA in 2-3 years. Which is better waiting 10 years.  but when she fiend back she will be an LPR.  Sounds like they are 18 months into process.  So hopefully 6-18 more months.  

[Rocio0010 5,579]

This is sad, but let it be a learning experience for the rest. If you’re in this situation DONT LEAVE THE STATES. And if your attorney is telling you to do consular processing, Ditch that attorney and , if you can, report him to the AILA for being an incompetent 

[Crazy Cat 41,662]

11 minutes ago, Rocio0010 said:

And if your attorney is telling you to do consular processing, Ditch that attorney and ,

  Why?  A person who enters without inspection cannot adjust status. She had to do consular processing, didn't she?

Edited December 11, 2022 by Crazy Cat

[Boiler 45,390]

Sadly it is a very badly written piece but certainly seems that she entered without inspection, had no other issues and the I 601A coupled with Consulate Processing would have been the solution.

[Rocio0010 5,579]

26 minutes ago, Crazy Cat said:

  Why?  A person who enters without inspection cannot adjust status. She had to do consular processing, didn't she?

How did she enter without inspection if she was on a plane…?

[Crazy Cat 41,662]

1 minute ago, Rocio0010 said:

How did she enter without inspection if she was on a plane…?

"-She arrived in the USA at 4yrs old illegally..."  

Edited December 11, 2022 by Crazy Cat

[Boiler 45,390]

1 minute ago, Timona said:

 

How'd she enter without inspection yet she was on a plane? 

The only thing I could think of is an internal flight, sounded like she did not have a Passport.

[Rocio0010 5,579]

27 minutes ago, Crazy Cat said:

  Why?  A person who enters without inspection cannot adjust status. She had to do consular processing, didn't she?

Ok I see what you’re saying. If she entered without inspection then yes, consular processing with a waiver, which apparently attorney did not prepare. So still, ditch that attorney. 
but if she flew, then she’s not EWI, so she shouldn’t have left… and again , ditch the attorney if that was the advice

Just now, Crazy Cat said:

"-She arrived in the USA at 4yrs old illegally..."

Read the article. She remembers having been flown with white people

[Rocio0010 5,579]

1 minute ago, Boiler said:

The only thing I could think of is an internal flight, sounded like she did not have a Passport.

Yeah, she sounds… misinformed

[Crazy Cat 41,662]

8 minutes ago, Rocio0010 said:

Read the article. She remembers having been flown with white people

Bottom line:  EWI = adjustment of status

                        EWOI= Consular Processing +waiver

Edited December 11, 2022 by Crazy Cat

[Timona 4,207]

7 minutes ago, Boiler said:

The only thing I could think of is an internal flight, sounded like she did not have a Passport.

 

I deleted my post because I read the article. Seems they flew to Tijuana then crossed over by car. That might answer the reason for lack of uninspired.

 

I couldn't understand how she flew in the US and passed customs uninspected.