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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94409
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Illegal since 1982, Deported in 2004

Customer Question

Hi. I came into the USA as an illegal when I was only 6 months old. I spent all my life there until 2004 when I was deported under section 212(a)(9) of the immigration law for false representation. Since then I graduated top in my class in Mexico and am a licensed architect. I have, since then, filed visas as a nonimmigrant and have been granted them. My plans are to continue my studies and get a Master's degree. With the new immigration bill just approved by the US Senate, would I be eligible to request the provisional visa so that I can continue my studies as I can easily prove that I had been brought into the US since my infancy in 1982? How can I go about changing my status?


 


On another note, my mother petitioned for me in 1991 under a Family Unity form, but she passed away in 1996 before the process was completed, and I never knew if it was.

Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

What was the false representation?

Also, was the I-130 approved before or after your mother passed away? If it was approved before she passed, what relatives do you have in the U.S. that are U.S. Lawful Permanent Residents or U.S. Citizens?
Customer: replied 1 year ago.

I falsely stated I was a US Citizen.


 


I guess my immigration story is a bit complex. I was first granted a temporary residency in 1989 under the Amnesty Act of that year when President Bush Sr. granted legal residency to all those who were in the US prior to January 1st, 1982. They then revoked the visa as it was impossible for me to be in the US prior to said date as I was born in April 1982. Then my mother petitioned for me in 1991, and she received a letter stating that the form had been accepted, but the final approval never came. Since then I took out diverse visas to try to keep some kind of legal status in the US such as student visas but overstaying them. It wasn't until 2004 that being drunk I falsely stated I was a US citizen and was detained and removed from the US.


 


I have an older brother and father both of whom are US legal residents and a younger sister who is a US citizen.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Oh no! I would have had great news for you because under the 2013 Immigration Reform, IF it passes in the form that it is now, you would have been eligible to apply for the DREAMers provision under the new law even though you were ordered deported. You would still have qualified, but unfortunately, you will never become a U.S. Lawful Permanent Residency unless the basic law changes in regards XXXXX XXXXX false claim to U.S. Citizenship.

There are 4 things in U.S. immigration law that have no forgiveness, that not even a U.S. Presidential pardon works, and those are fraud marriage, trafficking of a controlled substance, money laundering and false claim to U.S. Citizenship.

So when and if they find out about it (and they will because they ask that specific question on the N-400 application to become a U.S. Citizen), you will be denied U.S. Citizenship, or renewal of a Residency status and you will be deported from the U.S. I am truly sorry. Here is a link so that you can read more about it:

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-40276.html

A person who falsely represents or has falsely represented him- or herself to be USC to obtain benefit under INA, federal, or state law is removable. This section applies to representations made on or after Sept. 30, 1996. IIRIRA §344(c). Congress has provided an exception and a person will not be subject to deportation or removal if:

(1) parents were or are USCs; (2) the person permanently resided in the U.S. prior to 16; and (3) the person reasonably believed at the time of making such representations that he or she was a USC.


I am truly sorry for the bad news. Here are a few more links that you can read about it:

http://www.nilc.org/immsemplymnt/ircaempverif/irca058.htm

http://bulk.resource.org/courts.gov/c/F3/490/490.F3d.396.05-60980.html

http://ca10.washburnlaw.edu/cases/2006/05/05-9508.htm

http://www.ca8.uscourts.gov/opndir/08/06/071370P.pdf


Again, I am truly sorry, but the new immigration reform bill does not waive a false claim to U.S. Citizenship. So your only options would be to hope that the law changes in that regard that I don't think is going to happen, or you have to hope for a Private Bill. A Private Bill is basically a bill introduced into the Congress where the majority approve it which would be a special law applicable just for you or a small group of people. As you can imagine, that's really a long-shot.

I wish I had better news for you. But at least you can continue to visit as you have been, maybe even get an F-1 student visa if your intention is to go back home when you are done. But as far as Lawful Permanent Residency goes, I don't think that will ever happen for you. I wish it wasn't the case because it is one of the most unfair laws we have, but until that changes, you don't really have a good option. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94409
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for the response. I wasn't aware that even a presidential pardon could cure my record of this ordeal. You saved me a lot of time and toil in that arena.


 


I can't say that I had hoped that with the fact that I had lived in the US for over 20 years and that I had misrepresented myself while slightly intoxicated I could waiver this claim. I just wish I had known about this part of immigration law at the time so as to have avoided committing such a stupidity on my behalf.


 


Well, 30 years of immigration struggle since practical birth is exhausting. I'll hang my coat on this ordeal. The way I see it, it's the country's loss, and Canada's gain. I will be applying for my visa there and doing it the legitimate way, rather than the way my parents did it for me.


 


If the law does change in the next 10 to 20 years, which it probably won't, good, but by then I will have long since grown tired of the bureaucratic immigration process and my American Dream has now officially been laid to rest. My new dream is the one I can pave for myself and not one that relies on some law or some official.


 


Thanks again.


 


 


Sincerely,


 


Arq. Luis de la Fuente


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I totally understand. Canada has their act together and we do not. Hopefully they will change in the future. Thank you for rating me positively and good luck to you.

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