Married US Citizen need advice

[jesshdz]

My husband and I have been married for 5 years going now and just recently started looking into adjusting my status but I have looked into the bars and i believe im up for a permanent bar let me explain my situation;

As a child 6-7 years old my older brothers got in trouble for attempted murder went to jail served time etc. Once they where released i was about 9 years old well, I dont remember exactly what happend just that immigration came for me at school with my mom I was being deported/removed. Well being a 9 year old i didnt know what was happening or anything until i was in a jail cell with my mom and other inmates long story short a month or so after being removed my mom decided we would be coming back again ILLEGALY as a 9 year old again didnt know what was happening well because of me we got caught trying to cross removal 2 happened there 2nd illegal entry i guess there too. Then once again we tried weeks later this time we also got caught after my mother was hurt i was put in an orphanage while she recovered i dont remember much due to my ptsd of the events that lead to it (which still haunt me ) at that time i jsut remember coming home so that would be ILLEGAL entry 3 .. so my question boils down to am I going to be able to ever adjust status through my husband or should i just keep renewing daca until I cant any longer or is there hope for me . Mind you all this was when i was a child being brought by my mother. (Background on me i have a clean criminal record even driving record i have an associates in business managment and work for a childrens hosptial)

[newacct]

Was the last illegal entry before or after April 1, 1997?

[jesshdz]

Unfortunately no all.of this happened in 1998 ...

[Adrian Gruber]

My husband and I have been married for 5 years going now and just recently started looking into adjusting my status but I have looked into the bars and i believe im up for a permanent bar let me explain my situation;

As a child 6-7 years old my older brothers got in trouble for attempted murder went to jail served time etc. Once they where released i was about 9 years old well, I dont remember exactly what happend just that immigration came for me at school with my mom I was being deported/removed. Well being a 9 year old i didnt know what was happening or anything until i was in a jail cell with my mom and other inmates long story short a month or so after being removed my mom decided we would be coming back again ILLEGALY as a 9 year old again didnt know what was happening well because of me we got caught trying to cross removal 2 happened there 2nd illegal entry i guess there too. Then once again we tried weeks later this time we also got caught after my mother was hurt i was put in an orphanage while she recovered i dont remember much due to my ptsd of the events that lead to it (which still haunt me ) at that time i jsut remember coming home so that would be ILLEGAL entry 3 .. so my question boils down to am I going to be able to ever adjust status through my husband or should i just keep renewing daca until I cant any longer or is there hope for me . Mind you all this was when i was a child being brought by my mother. (Background on me i have a clean criminal record even driving record i have an associates in business managment and work for a childrens hosptial)

I would strongly urge you to retain Legal Counsel.
Immigration Attorneys are urging undocumented persons to "NOT COME FORWARD" while awaiting the incoming administration's plan to do away with DACA.
Undocumented people have a better success rate while be represented by counsel, also California is passing a huge funding bill to give free counsel to any undocumented persons that go up for immigration courts.
Good Luck.

[newacct]

Unfortunately no all.of this happened in 1998 ...

Yes, unfortunately, it sounds like you have a lifetime 9C ban, for entering illegally after being removed (and you also likely have it for entering illegally after accruing 1 year of unlawful presence after April 1, 1997), in which case there is no way to overcome it until you have been out of the US for 10 years.

Are you sure you were removed instead of being allowed to depart voluntarily?

[Trinity71]

My husband and I have been married for 5 years going now and just recently started looking into adjusting my status but I have looked into the bars and i believe im up for a permanent bar let me explain my situation;

As a child 6-7 years old my older brothers got in trouble for attempted murder went to jail served time etc. Once they where released i was about 9 years old well, I dont remember exactly what happend just that immigration came for me at school with my mom I was being deported/removed. Well being a 9 year old i didnt know what was happening or anything until i was in a jail cell with my mom and other inmates long story short a month or so after being removed my mom decided we would be coming back again ILLEGALY as a 9 year old again didnt know what was happening well because of me we got caught trying to cross removal 2 happened there 2nd illegal entry i guess there too. Then once again we tried weeks later this time we also got caught after my mother was hurt i was put in an orphanage while she recovered i dont remember much due to my ptsd of the events that lead to it (which still haunt me ) at that time i jsut remember coming home so that would be ILLEGAL entry 3 .. so my question boils down to am I going to be able to ever adjust status through my husband or should i just keep renewing daca until I cant any longer or is there hope for me . Mind you all this was when i was a child being brought by my mother. (Background on me i have a clean criminal record even driving record i have an associates in business managment and work for a childrens hosptial)

I do not believe you have any illegal entries at all as you were a minor at the time these incidents happened. I am fairly sure you are not responsible for the actions of your adult legal guardians. You could still consult an immigration attorney just to get clarification on this first but I would think you could adjust your status without any problems.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[newacct]

I do not believe you have any illegal entries at all as you were a minor at the time these incidents happened. I am fairly sure you are not responsible for the actions of your adult legal guardians. You could still consult an immigration attorney just to get clarification on this first but I would think you could adjust your status without any problems.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

This is wrong. Any age counts.

[Trinity71]

This is wrong. Any age counts.

U.S. immigration laws state that a minor is not eligible for the 3 year and 10 year bans that the poster is referring to. So for example, A minor enters the U.S. illegally at the age of 8 and then leaves or is deported at 14. No bans would apply. If a minor enters at 16 and they are deported at 20, they have 2 years worth of unlawful presence (age 18-20). That's not to say a minor would not be deported, but only once they turn 18 and become a legal adult based on U.S. law would bans be relevant. They are not going to be held responsible for the parent's or legal guardian's actions. That's why people under 18 are referred to as minors in the first place so they are differentiated from an adult. A minor- a person under the age of full legal responsibility.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[newacct]

U.S. immigration laws state that a minor is not eligible for the 3 year and 10 year bans that the poster is referring to. So for example, A minor enters the U.S. illegally at the age of 8 and then leaves or is deported at 14. No bans would apply. If a minor enters at 16 and they are deported at 20, they have 2 years worth of unlawful presence (age 18-20). That's not to say a minor would not be deported, but only once they turn 18 and become a legal adult based on U.S. law would bans be relevant. They are not going to be held responsible for the parent's or legal guardian's actions. That's why people under 18 are referred to as minors in the first place so they are differentiated from an adult. A minor- a person under the age of full legal responsibility.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

That's a completely different ban. We are talking about the 9C ban, not 9B. 9C ban says the person is banned for life if the person tries to enter illegally (after April 1, 1997) after accruing 1 year of unlawful presence (after April 1, 1997; for 9C, time under 18 does count, unlike for 9B; and this is cumulative not per stay unlike 9B), or if the person tries to enter illegally (after April 1, 1997) after being removed (the removal could have happened at any time or at any age). For 9C purposes, there is no difference between under and over 18 for either the unlawful presence, or the removal, or the entering illegally.

[jesshdz]

Thanks for y'alls advice, I contacted the attorney we have and we have an apt 01/14/2017, I also requested records from FOIA, to see if the where voluntary departures or removals or if by miracle there is no record for me in there