second time i cross the border i was cought the only took my picture and finger prints and got send back the next morning can i still benefit from the new law if i marrie my girlfriend?
Probably not. It seems that you are not under the 3 or 10 year bars, but the "permanent" bar. The new policy does not apply to those under the permanent bar.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
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Web: www.shusterman.com (English)
Most likely you are not eligible to be able to file for a waiver. Someone who came without inspection or overstayed the expiration date on their I-94 can become Unlawfully Present. Someone who has more than a year of Unlawful Presence, leaves the US and then reenters or attempts to reenter the US without inspection will make themselves subject to a permanent bar under INA 212(a)(9)(C).
It is a bit more complicated than that, so I can't say for sure that you are permanently barred without getting additional information from you, but it sounds like you might be.
Consult with an immigration attorney to make sure.
Siskind Susser Law Firm
I agrree with the other comments. An experienced immigration attorney will require more specific information in order to help you. It sounds like you might be subject to the permanent bar but more information is needed to confirm.
Law Offices of Sean Lewis, PLLC.
Immigration & Criminal Defense Attorneys
144 Second Avenue North, Suite 150
Nashville, TN 37201
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