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Ice on Immigration: A Thorny Problem About Reentry to Unify a Family

By L. Patricia Ice, Featured Columnist

Question:  Four years ago I met and fell in love with a man from Mexico. We have a two year old little boy together. The problem is that he was here illegally. About a year ago we decided it would be best if he voluntarily went back to Mexico and we tried to get him back here the right way. In June, I filed a petition for my fiancé with the USCIS. It was approved and all the information was sent to the National Visa Center (NVC) in New Hampshire and then down to the US Consulate in Juarez. There it was processed and a name check was done.  After that they sent him a packet with everything he needed to come and apply for his visa. We were starting to get excited, thinking that we were finally going to be able to be a family. I feel as though the Consulate gave us a false sense of hope. They knew when they ran his name through that he was going to be denied. The reason is because he crossed over into the U.S. twice illegally and one time got caught, not deported, but caught. If I would have known a year ago what I know now, I would have done this whole process differently. After hundreds of dollars we are still separated and I just want my family together. Right now I am a single mother working two jobs and going to school full time. I also read somewhere that if an undocumented immigrant voluntarily returned to his country and saved the expenses of the US Government, they could possibly be pardoned from the 10 year bar put on them. Please let me know if there is anything that can be done to help.

Answer:  In general when a person enters the U.S. twice without authorization, under certain circumstances, he or she can be barred permanently from ever adjusting status to lawful permanent residence or from ever receiving a visa to enter legally.  In other cases, an immigrant can be barred for 10 years from entry if he or she spends one or more years in unlawful status in the United States and then leaves.  Sometimes the 10 year bar can be waived.
Your fiance's situation is complicated, and I am unable to answer it in this column without knowing more details.  I suggest that you contact an immigration attorney in your area who can give you personal advice about your fiance's specific situation.  Good luck.