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caught crossing, then EWI. path to legalization?

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  • caught crossing, then EWI. path to legalization?

    Hello,

    My wife EWI in 2007 after having been caught crossing illegally and sent back to Mexico 2 days prior.

    Only 2 crossings: 1st unsuccessful, and 2nd one successful.

    I'm an American citizen, we've been married for 3 years, and we have 2 kids together: 2 1/2 years and 3 months old.

    Clean FBI check. Waiting for USCIS/CBP/ICE FOIA (however we're not confident it will show much relevant information, since she used an alias she can't recall the one time she was caught). Is there a way to send them fingerprints to aid with records lookup for the FOIA?

    We don't know if the one time she was caught crossing and sent back, whether they did an expedited removal or something else.

    We would like to know what are our options to get papers for her, including waiting for some years outside the USA (we're currently in the USA though). Is there a path for us to try the i601a route, or is there a permanent bar that would need to be overcome after staying 10 years abroad?

    Thanks,

    T.

  • #2
    It seems like you already know the possibilities in her case. If she was removed the first time, then entered illegally again, she has a 9C permanent ban that cannot be overcome until 10 continuous years outside the US. If she was not removed the first time, then it's no different from a single EWI -- she is not eligible for AOS, so she has to do Consular Processing, and she has more than 1 year of unlawful presence which would trigger a 10-year 9B ban upon leaving the US. She can get an immigrant waiver for this ban if she can show that you would suffer "extreme hardship" if she can't be in the US.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Hi there! I am working on my husband's I601a. He got caught 2 or 3 times when trying to enter without inspection. He was 15 years old. They took fingerprints and all his information and sent him back to Mexico the same day (he stayed in USA territory no more than 2 hours). We talked to a lawyer and he said he can apply without any problem because he was a minor. Any experience about this situation? I am really scared because I have read that many lawyers had done mistakes when advising. Any help would be greatly appreciate it. Thanks in advance.

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      • #4
        Tlacuache, ask for a OBIM FOIA they are going to ask you to send fingerprints card. I'll give you the information: OBIM FOIA
        Department of Homeland Security
        245 Murray Lane, SW
        STOP-0628
        Washington, D.C. 20528-0628
        E-Mail: [email protected]
        Phone: 202-295-5454

        Good Luck!

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