Mother 2 Illegal Entries before 1997

[rose4]

Hi,

I am new here. I want to help my mom get her green card, but she has two illegal entries, 1 in 1982 and the second one in 1988. I was reading about the IRRIRA. I'm understanding that because her entries were before 1997, and she has stayed pass the 180 days, 35 years now, it would only count as 1 entry. I'm I correct? Or is she ban for life hence the two illegal entries?

What if my Unlawful Presence occurred before April 1, 1997?


Immigration laws constantly change. On April 1, 1997, The “Illegal Immigration Reform and Immigrant Responsibility Act of 1996” or IRRIRA took effect. IRRIRA made unlawful presence an inadmissibility ground to (1) U.S. citizenship, (2) Any U.S. Visa, and (3) Receiving Lawful Permanent Residence or a Green Card.

[newacct]

Did she ever leave the US or is she still in the US? Basically, yes, she's in the same situation as someone who only entered illegally once.

There are two bans relating to April 1, 1997. INA 212(a)(9)(B) says that someone who accrues 180 days of unlawful presence and then leaves the US triggers a 3-year ban, and someone who accrues 1 year of unlawful presence and then leaves the US triggers a 10-year ban. INA 212(a)(9)(C) says that someone who either accrued a cumulative total of 1 year of unlawful presence and then enters illegally, or who was deported and then enters illegally, triggers a lifetime ban. For the purposes of both bans, unlawful presence can only accrue after April 1, 1997, and the illegal entry that triggers then (9)(C) ban must be after April 1, 1997, but the deportation that serves as a condition for one case of the (9)(C) ban could be before April 1, 1997.

In your mom's case, she could not have the (9)(C) ban because she did not enter illegally after April 1, 1997. She could not have had any unlawful presence before her last illegal entry, since it was before 1997, but even if she had a deportation (not saying she did, but even if she did) she would not have triggered the (9)(C) ban since her illegal entry was before 1997. She would have started to accrue unlawful presence on April 1, 1997 if she was still in the US at that time. So she would be in the same situation as someone who illegally entered once on April 1, 1997 -- she would have entered illegally and be accruing unlawful presence, but have no bans (except a (9)(B) ban if she leaves).

[rose4]

Thank you!
Her last entry was in 1988 and has never left the country. I understand that this would be considered as "one" illegal entry.
This would be the first time that she would be petitioned for green card. She is not in deportation proceedings or anything like that.

[newacct]

She has two illegal entries; it's not "considered as one illegal entry". But she does not have a (9)(C) ban. And one or two illegal entries does not by itself make a difference for her situation now.