She enterend using a fake paspport.And the IJ concludes so on the asylum interwiew which was denied due to change country condition.Though her testemony was found to be credible by IJ.Turned down by BIA also.Also filed a motion to reopen years ago without any luck.Now married to a USC and with kids.Any possibility to adjust without having to return to her county of origin.Will DHS/ICE give her a break considering the situation,and a clean record for years in the US.All her relatives reside legaly here and she has no home to return to.Could she be considered as inspected and admited even-though not with her passport.We have heard there has been a recent favorable BIA ruling when it comes entering with fradulent document as being inspected and admited.Please help with any advice.GOD bless..
You need to retain an attorney to review her records and advise you based on those findings.
An alien who was admitted the U.S. using a photoswitched passport after being inspected by an an immigration officer satisfied the inspection and admission requirements for adjustment of status so long as there was no claim to U.S. citizenship (i.e. the passport was not a U.S. passport). This has been the law for many years. The alien, however, would be inadmissible to the U.S. due to fraud and would require a waiver of inadmissibility under section 212(i) of the Immigration and Nationality Act.
This is obviously a very difficult case complicated by the fact that there is a deportation order and the amount of time that has gone by. It will be necessary to successfully get ICE to join in a motion to reopen before the Court. You need an EXTREMELY EXPERIENCED AND QUALIFIED immigration attorney to assist you. Consult with one before taking any action. This is not a case you should be handling on your own without counsel.
While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.