I have been here for 10 years but went to mexico 3 times in this time frame can i benefit from this new law?

Asked 5 months ago - Nashville, TN

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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?

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Attorney answers (4)

  1. Pro

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered January 23, 2013 17:01. 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
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered January 23, 2013 16:57. 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.

    Ari Sauer
    Siskind Susser Law Firm
    Memphis, Tennessee
    (901) 682-6455

    Disclaimer: The information here is for educational purposes only and should not be relied upon without first... more
  3. Contributor Level 3

    Answered January 24, 2013 06:32. 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.

    Peter Dawson
    Law Offices of Sean Lewis, PLLC.
    Immigration & Criminal Defense Attorneys
    144 Second Avenue North, Suite 150
    Nashville, TN 37201
    (615) 646-6002

  4. Contributor Level 20

    1

    Lawyer agrees

    Answered January 23, 2013 17:00. You are probably ineligible.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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