Spouse, Mohon, Bushmaster.........Other Experts.....

Hi all

One of my friend crossed USA border from Mexico illegally and got caught by border patrol agent on the spot. They recorded all of his info in computer, took picture and index finger print in computer and let him go back to Mexico immediately by signing Notice of Right Form I-826. Whole process tooks 3 hours, no hearing was involved. After that incident, he collected his file from INS under FOIA.

He found out that they recorded him with code 212(a)(6)(A)(i) and described his violation as "Entered USA without being admitted/paroled by an Immigration Officer". He is in Mexico now.

We like to know what is the consequence of future entry to USA legally? Is there any bar on entry? If, How Long? Appreciate your help.

Hi all

One of my friend crossed USA border from Mexico illegally and got caught by border patrol agent on the spot. They recorded all of his info in computer, took picture and index finger print in computer and let him go back to Mexico immediately by signing Notice of Right Form I-826. Whole process tooks 3 hours, no hearing was involved. After that incident, he collected his file from INS under FOIA.

He found out that they recorded him with code 212(a)(6)(A)(i) and described his violation as "Entered USA without being admitted/paroled by an Immigration Officer". He is in Mexico now.

We like to know what is the consequence of future entry to USA legally? Is there any bar on entry? If, How Long? Appreciate your help.

He is indeed inadmissable into the US. He will have to file for a waiver which will be very hard to obtain not to say impossible.



http://www.immigrate2us.net

I am not an expert in these matters but I would think that he might have to apply for a waiver to re-enter the US, in such cases like family immigration.

Let's wait and see what Mohan will say about it.

He got caught at the port of entry and put into expidite removal.once alien detained at port of entry he have two choice , one he should take his entry back and go to his own OR he will be send back , I guess he was send back after expidite removal.
He is inadmissable and bar according to INS Law of expedite removal.Minimum five years.He will not be allow to enter/as immigrant unless waiver is obtained. he need waivers.

He can re-enter the country illegally.

Read the question... what he can do legally.. illigally he can go to the moon.. who cares...question is what can be done within the limit of statue.

almost nothing...that's when people turn to other (illegal) options...

According to my understanding of the law, he is subejct to approximately a five year bar for having been deportation. The applicable waiver for this is the I-212 hardship waiver. From what I have been given to understand this waiver is somewhat easier to be approved than that of the I-601 Extreme hardship waiver.

I believe that it is also based on familial relationships and might be difficult to get if there are no family members that are USC.

There might be some other type of bar that is applicable due to his entrance to the USA. This may or may not be the case. If it is the case, I believe that the I-601 waiver might apply, but I woudl just hope that it isn't necessary.

I said .. waivers..not waiver

If this person REALLY feels has to come to the US again, he's better off not sticking too much to laws and waivers...otherwise it'll get forever...

Legal is good.

To Mohon:

Thanks mohon for your input. If you don't mind i like to do some arguments on your points which will help me to understand the situation, I appreciate your patience.

1. You are saying he was " Expedited removed" and banned for five years ( I know that is the penalty for Expedited removal).

but my point is no where in his FOIA says he was expedited removed, neither it says anything about 5 years ban.

2. If he is banned for 5 years, what will happen after that 5 years? can he legally get in to usa?

3. Section 212(a)(6)(A)(i) what he charged for does not says he is banned for 5 years.
Please explain me that section.

and thanks a lot mohon.

To Spouse: Thanks a lot for your reply Spouse.If you don't mind i like to do some arguments on your points which will help me to understand the situation, I appreciate your patience.

1. You are saying he was "Deported and banned for 5 years", but no where in his FOIA says that word at all.

2. After that 5 years, does he need any waiver? or he can apply for legal entry without any waiver?

3. Mohon says it may be "Expedited removal" You saying "Deportation" which is right? Two of them has two different consequences, right?

4. For waiver no matter it is 212 or 601, you have to have close relaives, but my friends does not have anybody in USA,
so is there any waiver available for him?

thanks a lot for your help.

The legal act of "deportation" does not excist since apprx. 1996/1997. In rare instances, there the alien is subject to the laws pre-1996, a court may consider it and that alien may have to deal with "deportation".

Assuming from your case that all this happened in the near past. A legal alien present on U.S. juristiction or soil is subject to "removal".

Certain violations (such as aggravated felonies) for legal aliens and most violations (sometimes very minor) for any other alien (out-of-status, present without inspection, visitor, buisiness etc.) may make the alien subject to "expedited removal".

Which means that there is no right to a judiciary hearing or process (going in front of a court or judge etc.). A simple agent of the BCIS, or border patrol can make a determination and "expeditely remove" the alien.

What consequences that have is that the alien is out of the U.S. and it's more difficult for that person to return, especially than excabating circumstances (such as no status, no basis for adjustment, no waiver availibility etc.) exist.

Consult an attorney (I'm not one) and Good luck.

That word, it is properly written "exacerbating"....