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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4858
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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So my fiancee was in America illegally caught trying

Customer Question

So my fiancee was in America illegally for he caught trying to cross the Arizona border 3 times in a month but didn't go to court they just finger printed him, he said he signed paper to voluntarily go back to Mexico. Then he illegally crossed and lived here for 4 years he didn't get caught and decided to move back to Mexico about 6.5 years ago. When we filed the application we wanted to be honest so we put that on the application. Now I am worried that he won't be able to come here. I can't find out a straight answer on if it will disqualify him since most of the stuff online says if they were caught 10 year ban but the only time he was caught was 10 years ago. I am wondering how much of this stuff is at the discretion of the interviewer at the embassy. Is it up to them whether or not they will allow him in or is it 'if you check yes then we won't let you in until the time has passed'?
Does anyone know anything about this? Is there any type of waiver I can file before the interview? Our interview date is May 26- everything has moved so fast in this process I am kind of shocked. I submitted my 129f on Jan 18 and I got the letter from the consulate to schedule an interview on April 18 (of course lots of steps in between).
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.
Hello, my name is ***** ***** I will be the immigrationa ttorney helping you today. If he was not issued an order of removal and was simply turned away at the border then he likely did not get a bar for that. He will find out for sure when he goes to the interview. However, since he was in the US illegally and stayed for 6 years and he admitted that then he definitely does have a 10 year bar for that. It has not been 10 years since he left back to Mexico so in order to come back before the 10 years are up he will need a waiver. He will need the I-601 and possibly the I-212. They will let him know the exact waiver he needs when he goes to the interview as I said. It may be better that he wait for that so that he does not send in something that he may not need. Each application carries a fee. The officer does not have discretion at all if he already admitted to entering the US illegally and staying for 4 years. There is an automatic 10 year bar for that. Good luck to you during this process and I hope this answer has helped you!If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal. Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid. This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost . Any bonus you wish to provide will be very appreciated.If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.
Expert:  Jen Marie, Esq. replied 1 year ago.
Hi there.. I see that you were able to view my answer to you. I am just checking in if there is anything else I can clarify for you. Happy to help.Hope to have earned your positive rating. We do not earn a salary on this website so the only way we receive any credit at all for our time is through your rating by choosing the stars or happy faces. Thanks in advance.

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