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My mom was caught trying to cross two times over 25yrs ago…

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Second opinion] my mom...

Second opinion] my mom was caught trying to cross two times over 25yrs ago and finally able to get across on the third attempt, she is now married to a us citizen. Can that affect her now?

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Submitted: 7 months ago.Category: Immigration Law
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Answered in 1 hour by:
10/4/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,433
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

I am happy to answer you but please know that I will likely not very good news for you in your mother's case. I hope you can understand that I don't make the laws and I can't change them. I Hope you can still rate me based on the service and not whether it's good or bad news.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

Yes, her illegal entries can definitely affect her. It will depend most on whether there are records of her trying to coming in or she was simply turned away (voluntary returns) at the border or if she was detained and given an expedited removal/deportation. To know for sure, you can request her entry records with CBP using this link https://foiaonline.regulations.gov/foia/action/public/request/publicPreCreate. Once you get those back, you should go see an immigration attorney to review and know your mom's chances. If they were both voluntary returns, then she would be affected less. If they were expedited removals, it would be tougher for her now.

In both cases, her spouse can petition for her with an I-130 and she can apply for the I-601A here based on the marriage to a US citizen. The I-601A can be approved in the US under both scenarios. The differences will be seen when she leaves the US for her interview in her country.

If she only had voluntary returns and has an approved I-601A then it's very possible that she will be approved and not need any other waivers to return.

If she had expedited removals then it's possible that she will need another waiver, the regular I-601 and must wait several months to see if it will be approved. There's no guarantee. Also if she had two expedited removals, she may not even be eligible for a waiver outside. You must know her record in order to know her chances better.

Good luck to you and I hope this answer has helped you!

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

Hello again.. I see that you were able to view my answer a few days ago, but you did not ask any follow ups or leave me any feed back.

Please let me know how else I can help and please kindly keep in mind that we experts do not receive a salary from this website. We only receive credit when you leave a good rating for us with the stars ★★★★★. Thank you for your consideration of our work and time here.

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