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Posted

My friend is about to have his ir1 interview overseas. He came here in 2001 illegally but left to go back to Costa Rica in 2009 on a plane and then came back to the us illegally again. He had his 601a approved but I’m not sure if he told his lawyer he came illegally twice. So when he goes to his interview in a few weeks will the officer find out he left the us in 2009

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

if he didn't disclose his first entry, he lied and committed misrepresentation, he isn't eligible for a waiver until he stays in his country for 10 years at least

 

if there is proof that he was here in the US all those years he will be denied. he will have to wait 10 years until his spouse can file for him again

 

 

Posted
21 minutes ago, aleful said:

if he didn't disclose his first entry, he lied and committed misrepresentation, he isn't eligible for a waiver until he stays in his country for 10 years at least

 

if there is proof that he was here in the US all those years he will be denied. he will have to wait 10 years until his spouse can file for him again

 

 

Thank you @aleful but he said he was here in 2001 but never told the people he left in 2009 so is it possible that the embassy will see he entered his home country in 2009 

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

hi

 

it doesn't matter, how does he justify 8 years? where has he lived and worked? also, if he ever opened a bank account, drove a car, worked in those 8 years, had a card, he lived here for 8 years, he can't lie about that, and if he is caught in a lie, so long petition

 

 

Posted
1 minute ago, aleful said:

hi

 

it doesn't matter, how does he justify 8 years? where has he lived and worked? also, if he ever opened a bank account, drove a car, worked in those 8 years, had a card, he lived here for 8 years, he can't lie about that, and if he is caught in a lie, so long petition

 

 

Yes I understand and Again thank you for replying burn he had a 601a waiver approved for unlawful presence here for being here since 2001 so is it possible that the embassy will find out he left in 2009 @aleful

Filed: Other Country: China
Timeline
Posted
1 hour ago, Sidney and Dennis said:

Thank you @aleful but he said he was here in 2001 but never told the people he left in 2009 so is it possible that the embassy will see he entered his home country in 2009 

Specifically, you are asking if the US government will know he entered Costa Rica.  The answer is probably not.  The issue is whether the US Government knows he was in and left the US.  Those are different questions.  You've already been told the consequences of making a material misrepresentation to an immigration official or on an immigration form.

 

For example, the US government may or may not know I entered the Philippines on November 1st, but they do know I boarded an international flight from Seattle to Taipei on October 30 based on the airline passenger manifest.  If your friend traveled overland illegally into and out of Mexico on the way to Costa Rica, there's no way to know whether his presence in the US was known or not, without more information.

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Posted
18 minutes ago, TNJ17 said:

Don’t they ask for your entry card back when you fly out? At least that’s always been the case when I have flown out. That’s how they keep record of who’s overstaying or who’s illegal. 

They don’t ask for anything other than a passport to fly out of the us to ur home country... they see he was going home so they probably don’t care too much 

Posted
4 minutes ago, pushbrk said:

Specifically, you are asking if the US government will know he entered Costa Rica.  The answer is probably not.  The issue is whether the US Government knows he was in and left the US.  Those are different questions.  You've already been told the consequences of making a material misrepresentation to an immigration official or on an immigration form.

 

For example, the US government may or may not know I entered the Philippines on November 1st, but they do know I boarded an international flight from Seattle to Taipei on October 30 based on the airline passenger manifest.  If your friend traveled overland illegally into and out of Mexico on the way to Costa Rica, there's no way to know whether his presence in the US was known or not, without more information.

Ok so pretty much they are aware probably that he boarded a flight on said day from nj to Costa Rica even tho he said he continuously has been in the us since 2001... so do you think it’s possible they approved his 601 a just to get him back to his home country to deny his visa

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

did he or did he not disclose in the waiver that he left and returned? if he didn't. the waiver was approved based on a lie

 

he didn't disclose that he left the country and returned for a second time

 

now what happens at the interview, that's another story, the officer may deny him based on information received, and the waiver will be voided, it won't be of use

 

 

Posted
10 minutes ago, aleful said:

did he or did he not disclose in the waiver that he left and returned? if he didn't. the waiver was approved based on a lie

 

he didn't disclose that he left the country and returned for a second time

 

now what happens at the interview, that's another story, the officer may deny him based on information received, and the waiver will be voided, it won't be of use

 

 

He did not disclose he left and came back a second time no. He is stupid for lying but yea I wanted to know if they would find that information in the interview anyway. I understand because of his lie there’s the risk of the ban but I was just curious if they would find out 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

I do know customs has information on any flight manifests to or from the US you've boarded. They have this information to determine how many days a person has been inside the US to determine Visa eligibility.

 

Border patrol claimed to me the consulate has access to all their information including any denials at the border. How they have access to all records I am not sure. I get asked over and over what jobs/schools I have worked/attended during my marriage. They are notorious at asking this question. I am not sure what your friend intends on saying if asked. This information is also provided when your friend filled out their Visa petition.

 

I found this on an immigration website about multiple illegal entries: "The I-601 waiver does not cover the 5-year, 10-year, and 20-year bar due to prior removal orders. It also does not cover permanent bars caused by multiple unlawful entries into the U.S. To overcome such grounds of inadmissibility, you need to qualify for, seek and obtain an I-212 waiver by filing a Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal . "

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

  For a long time airlines have been required to report their passenger list .   It isn't really a question of if it is when.  When they do this lie is significant enough for them to revoke all immigration benefits and earn a lifetime ban,

This will not be over quickly. You will not enjoy this.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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