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Can I get back into the US through the I-106 Waiver within a week if I qualify for everything or should I try the deferred act

Corsicana, TX |

Can I get back into the US through the I-106 Waiver within a week if I qualify for everything or the deferred act

Red Oak, TX

but i am not currently in the us I just left about a week and a half ago to go get my papers but i wasnt able to because I have to serve my "punishment" because I am 18 and considered to to able to take care of myself yet my dad had to take me here to get my papers, I cannot live like this I need to get back to the US to raduate my last year of highschool which I only have 6 months left and if I have to stay in Mexico that will not be possible please help can I get a temporaey Visa to leave mexico and then file for the inferred action or should I file for the I-106 waiver and hopefully get accpeted within a few weeks please help. I need to get back to the US soon

Attorney Answers 3

Posted

So, somebody has petitioned for you to receive an immigrant visa? And you are being denied an immigrant visa because you triggered the 3 year unlawful presence bar? When did you enter the U.S.? How? Other than your recent departure to apply for your immigrant visa, did you take any other trips outside the U.S.? Do you have a spouse or parent who is a green card holder or is a U.S. citizen?

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Asker

Posted

I honeslty do not know yet its not for me but for a friend, but I know that they were told they have to stay because they are considered an adult(18) and she entered the US when she was 5 years of age, and none that I know of, and yes the father is a PR, and I belive some of the younger siblings are US citizens

Mark Robert Barr

Mark Robert Barr

Posted

Without more information, I really can't answer this question. I have some reasonable guesses, but they're just guesses. My guess is that your friend entered without inspection when she was 5 years old and never left. At some point, her father became a green card holder and petitioned for her to get an immigrant visa. The I-130 was approved (meaning that the government recognized that your friend's father was really her father). At that point, they had to wait a couple of years for your friend's number to become current. When the number became current, however, she was over 18. In fact, she was over 18 1/2. She then left to Mexico to apply for her immigrant visa. When she got to Mexico, she was told that because she was in the country unlawfully for more than six months, but less than a year (counting only from the time she turned 18), she was ineligible to come back into the U.S. for a period of three years. However, she was given the oppportunity to file a waiver, the I-601, so that she could potentially come back sooner. In order to have this waiver approved, she'll need to prove that her green-card holding father, and maybe her mother, too, if she is a green card holder or USC, will face extreme hardship if she is not allowed to come back for three years. If all of my guesses are correct, then your friend may have gotten some really bad advice. There may have been ways to either handle the process in the U.S., or to "cure" her three year bar in the U.S. before she left for Mexico. Now that she is in Mexico, she has nothing to lose by filing the I-601. Can she also apply for President Obama's Deferred Action program for Childhood Arrivals? The short answer is no. However, perhaps a creative and hard-working immigration attorney can figure a way out for your friend to come back. Again, I have made a multitude of guesses here, so I don't know if this is the situation your friend is facing, or whether there are even more complicating factors. I would encourage your friend to do this--do NOT come back unlawfully into the U.S.--that will almost certainly make her situation much, much worse. Her father should consult with a reputable immigration attorney in his area immediately, to see if this situation can be fixed. Sorry your friend is going through this. Best of luck.

Mark Robert Barr

Mark Robert Barr

Posted

And getting back to the U.S. within a week--highly unlikely.

Asker

Posted

Thank you so so so much for your reply, and yes it seems like her family has no idea in what they are doing its really a shame how opportunities are available and so many people are unaware.

Asker

Posted

hey her sister and brother are have an appointment friday for their papers do you think they would let her get them since shes there sister?

Mark Robert Barr

Mark Robert Barr

Posted

What are you asking, exactly? Whether immigration officials will simply give your friend an immigrant visa because she has siblings that are about to get their own immigrant visas? If that is truly your question, then no, absolutely not. There are laws about who can be admitted to the U.S., and who cannot, and she has apparently triggered some ground of inadmissibility. I took my best guess at what that bar might be. But whatever ground of inadmissibility applies to her, there is no provision in the law that says siblings of green card holders can automatically get their green cards, too, without independently qualifying for the benefit. It's really like saying if your brother has a driver license, you should be able to get one, too, without having to take the test, right? Or maybe you're asking something a little more nuanced, but I'm too tired or dense to understand what you're asking? Rephrase the question, please. By the way, are the siblings already in Mexico? If so, how old are they?

Asker

Posted

well is there a way you can get a visa period if serving punishment? and yes they are 1 is a freshman in highschool and another a junior in highschool i do not know the exact ages but both are minors, do you think there is any way possible she can come back to at least finish highschool? could you leave to the US to finish then come back to serve your "punishment"?

Asker

Posted

well is there a way you can get a visa period if serving punishment? and yes they are 1 is a freshman in highschool and another a junior in highschool i do not know the exact ages but both are minors, do you think there is any way possible she can come back to at least finish highschool? could you leave to the US to finish then come back to serve your "punishment"?

Mark Robert Barr

Mark Robert Barr

Posted

Same barrier will apply, so no. There is a different waiver--and an easier one to get--for nonimmigrants, but it is clear that your friend has nonimmigrant intent, so that wouldn't work. She needs to pursue the waiver--the I-601. In addition, her family needs to be talking with an immigration attorney soon about creative ways of possibly brining her back in. There is no clear and obvious way to get her back.

Asker

Posted

what is the name of the waiver? and what is nonimmgrant intent? and yes I am trying to get in contact with the dad and so far we havent, but he will be here in a week or 2 and we will go talk to him, and I am going to go to Legal Services to hopefully get a cheap or free lawyer soon or maybe go to a catholic charity church to get money for an atourny, again thank you so much

Mark Robert Barr

Mark Robert Barr

Posted

I'm sorry--immigrant intent. It means that she can't really say she just wants to come temporarily to finish high school, because it's clear from her prior application that she really wants to live permanently in the U.S.

Mark Robert Barr

Mark Robert Barr

Posted

The nonimmigrant waiver is a 212(d)(3), or a 212(d)(5) parole.

Mark Robert Barr

Mark Robert Barr

Posted

Good luck. If you're in contact with your friend, please, please, please tell her not to do anything stupid in trying to get back to her home. She has options right now, as unattractive as they might sound, but those options will disappear if she comes back, or tries to come back, illegally.

Asker

Posted

Ok could you say you want to come back just to finish highschool then go back to mexico to surve your "dues"? and I will let them know also, if you have any free time on your hands could we talk via phone or skype(but once I have all the information so I dont waist your time)? if your free because I know that you could be getting money for the help you are giving me

Mark Robert Barr

Mark Robert Barr

Posted

No, not without a waiver of inadmissibility. I am not free. You're welcome to call and arrange a telephonic consultation (303-554-8400), but there would be a fee.

Asker

Posted

and how would you get that waiver? what proof do you need for that? and ok if I get money from the charity I will call. again thank you I really appreciate it.

Mark Robert Barr

Mark Robert Barr

Posted

I think you should stop focusing on the nonimmigrant waiver. That isn't going to happen, because nobody would believe her that she only wanted to come to the U.S. temporarily. She has clear immigrant intent. She should be focused on the immigrant waiver. The I-601. And proving hardship to her LPR or USC mother and father. If this is handled correctly, it could be approved relatively quickly (although not as fast as your friend would like).

Asker

Posted

So you think it would be a waisted effort if you said you would like to forget about getting residence into the US and just say you would like to go back to finish highschool and thats all correct? and with the hardship the dad is a PR and the mother is not legal, would they care if the dad had to go to mexico for the daughter who is not being allowed back in would they care if it affected non citizens and would they care if it affected her siblings that were allowed back in?. so if it is handled by a good autorny do you think it would be possible to get back within a month or 2? because for the highschool you need 90 percent attendance to graduate.

Mark Robert Barr

Mark Robert Barr

Posted

All the hardship would need to be funneled through the dad. So, yes, it might be a hardship for him to have to live in Mexico, separated from his wife and other kids, and unable to make the same financially to support them as he did in the U.S., etc., etc.

Asker

Posted

okay I will talk with the dad once he gets back and get all the information and file that waiver and hopefully it gets accepted soon so she can graduate. Do you know if you can pay a fine so they imminently process your waiver? Thank you SO much

Asker

Posted

also is this what you are talking about - http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD&vgnextoid=b874875decf56310VgnVCM100000082ca60aRCRD

Asker

Posted

also could they apply for a tourist visa and then apply for differed action? or is the tourist visa the same as the nonimmigrant waiver?

Mark Robert Barr

Mark Robert Barr

Posted

It sounds like your friend is inadmissible--meaning she is ineligible for a visa--immigrant or nonimmigrant. The waiver is designed to overcome the ground of inadmissibility. So, no, the tourist visa is not the same as the waiver. She can apply for a tourist visa, but she will be ineligible for it, so she'll also need to apply for the waiver. But as I've indicated many times, she is unlikly to get the tourist visa (and accompanying waiver) becauce of a well-founded suspicion that she is actually intending on coming to the U.S. as an immigrant. Furthermore, one can't go to school on the tourist, or B, visa. She'd need an actual student visa. Get a lawyer.

Asker

Posted

Ok I understand now, and yes I am working on that, again thank you very much for your time and help I appreciate it

Posted

I hope you are working with an attorney in making these decisions. These are very complicated issues and you are not going to be able to find a solution on your own or by posting questions online.
Regards,
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Asker

Posted

Well I plan to go to a Catholic Charioty Church in Dallas to get some money in order to get one, thank you for your reply

Asker

Posted

hey her sister and brother are have an appointment friday for their papers do you think they would let her get them since shes there sister?

Nicklaus James Misiti

Nicklaus James Misiti

Posted

No

Asker

Posted

do know of anything you can do to get back soon to finish highschool? could you get a visa to go to the US to visit?

Posted

the person who sent you to Mexico made a horrible mistake. one by sending you when you could have has deferred action, two by not sending you with a waiver, three by not telling you about the ten year bar. go see Dick Fisher in Nacodoches. or have your parents go.

The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez or Yong Wood highly skilled and experienced.

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Asker

Posted

I know its terrible, there family doesnt think!, and thank you for the reccomendation, I am going to try to go to a catholic chaorty church and find out about that lawyer. thank you so much

Asker

Posted

hey her sister and brother are have an appointment friday for their papers do you think they would let her get them since shes there sister?

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