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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.
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