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  • GC questions for Illegal Alien

    I have several questions i need quickly answered, so i can decide what course to take.

    I have been here illegally since aug 99 ( i crossed canadian border without inspection - inspector asked only the driver of our car if we were US citizens, and therefore i did not get inspected for entry), have since married in aug 2002, my girlfriend (we have been together since march 98)and now that we have established ourselves (home, etc)i would like to return to the UK and apply for LPR as the spouse of a USC (by birth). my concerns are as follows:

    1 - will the INS delay or deny my LPR application due to my extended illegal presence here?

    2 - in 99, i was denied a B2 visa due to prior criminal convictions (several in my past, mostly for theft or similar, no "serious" crimes). They said to reapply after the 5 year period following these had passed, which it now has. will they still deny for this past?

    3 - also in 99, during my application for a B2, they pointed out that since i had visited the US several times on the visa waiver ticket, i had fraudulently entered the US by not declaring my convictions, which was true, although the first time was an innocent mistake, not understanding the "moral turpitude" definition. Will this be cause for denial?

    4 - given all of the above strikes against me, will the INS provide waivers for these, and allow my application?? Can family unity or hardship be an influence? my wife needs me to return and work to survive financially.

    Any help is received with gratitude, the sooner the better, so i can decide what to do. I am ready to fly back to the UK within a week, if i have fairly certain knowledge that it will not lead to long term or permanent seperation from my family.

    Thanks

  • #2
    I have several questions i need quickly answered, so i can decide what course to take.

    I have been here illegally since aug 99 ( i crossed canadian border without inspection - inspector asked only the driver of our car if we were US citizens, and therefore i did not get inspected for entry), have since married in aug 2002, my girlfriend (we have been together since march 98)and now that we have established ourselves (home, etc)i would like to return to the UK and apply for LPR as the spouse of a USC (by birth). my concerns are as follows:

    1 - will the INS delay or deny my LPR application due to my extended illegal presence here?

    2 - in 99, i was denied a B2 visa due to prior criminal convictions (several in my past, mostly for theft or similar, no "serious" crimes). They said to reapply after the 5 year period following these had passed, which it now has. will they still deny for this past?

    3 - also in 99, during my application for a B2, they pointed out that since i had visited the US several times on the visa waiver ticket, i had fraudulently entered the US by not declaring my convictions, which was true, although the first time was an innocent mistake, not understanding the "moral turpitude" definition. Will this be cause for denial?

    4 - given all of the above strikes against me, will the INS provide waivers for these, and allow my application?? Can family unity or hardship be an influence? my wife needs me to return and work to survive financially.

    Any help is received with gratitude, the sooner the better, so i can decide what to do. I am ready to fly back to the UK within a week, if i have fairly certain knowledge that it will not lead to long term or permanent seperation from my family.

    Thanks

    Comment


    • #3
      sorry to say that but you are in real trouble...
      so many violation..some need waivers some do not even have a waiver such as pretending to be USC when crossing the canada/usa borders...
      i think you better check with a good good lawyer and also it's better to do everything in the states because if you go back to UK it will take years and years to be approved...
      hope Mohan will comment on this..he is a good adviser on this board

      good luck

      Comment


      • #4
        You have a complicated case ahead of you.You need an experienced lawyer to help you out with your papers.How long ago was your conviction and did you spend time in jail and how long?If there is no drug conviction, murder you may qualify for a waiver since you are married to USC.But this waiver is very difficult to get approved since your situation has nothing to back you up.Don't go back to UK because you will be barred from entering the US probably for 10 years.Don't make it more complicated as it already is.

        Comment


        • #5
          Question to guest :

          when you were in the car during the inspection, did you have any kind of passport or visa with you at the time? I assume you did have a passport as you traveled to the US before (and as a UK citizen probablu under the VWP). Assuming it was still a valid passport, why didn't tou declare yourself at that time? This would have made things easier at this time.
          The immigration officer can be partially blamed for not inspecting you as you probably were visible in the car and not hiding anywhere, but this will be hard to prove.

          A waiver might be available for you but as long as 245(i) is not reinstated it doesn't look good for you.

          As earlier advise given, talk to a very good lawyer.

          Comment

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