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I know someone (a relative) who fell in love with someone who was subsequently deported back to Mexico. She is of caucasian american extraction (just in case it matters) and had no ties to Mexico, but she followed him down to Tijuana and has been living there with him for some years. I think they are married now, but they were not when he got deported. Shortly after she got there her purse was stolen and she lost all of her documents. The subsequently had a son who is now 5 and never filed a consular report of birth due to something about having to come up with a bribe or fee (not real clear on this part) in order to get a birth certificate. I know that the final answer will be "hire an immigration attorney." I have a couple of questions in the interim though, and I think I need some advice before starting down that road. 1) How hard will it be to get her son established with citizenship, given that she is a US citizen but it is now 5 years after the fact? 2) Given how hard it sound like things are down in Mexico, I think that they may want to return to the US. Given her husband's prior deportation, and assuming no criminal record, would it ever be possible to get him a green card or any other legal status? (I am guess ing maybe this is a lawyer question unless the answer is "LOL, no way.") 3) How many years would this be likely to take if she started now? 4) What questions should I be asking her, and what questions should I be asking prospective immigration attorneys? 5) Are there any organizations or websites I should be checking out? I get the sense that they are economically disadvantaged (he make 12 dollars a day). Finding a qualified sponsor in the states is probably not an issue though).
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Apr 24, 2016 22:04
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Thanks for the replies. I reckon that the first thing we need to find out is what the specific circumstances of his deportation are and then free nd an attorney if it sounds like there is a chance. My mom mentioned something about a 10 year exclusion that would be up in one year but I am going to push on the family to find a competent lawyer before they get their hopes up. As far as I can tell the child has no documents in Mexico or the states due to needing to come up with the money to get the birth records (I think my mom just sent them some money for this though).
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Apr 26, 2016 07:51
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Powerlurker posted:To add to this. If you entered under a status and it lapsed (overstayed a tourist visa, etc.) you can adjust status through marriage to a US citizen. If you "entered without inspection" (e.g. your parents swam across the Rio Grande with you) not even marriage to a US citizen will allow you to adjust as you never had any status to adjust from in the first place. What if you entered without staus (or overstayed) and were deported 10 years ago and live in Mexico? Would a marriage to a us citizen get you back in? Assume there is a child, etc and thu US citizen currently lives with you in Mexico.
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Nov 20, 2016 04:47
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Ashcans posted:If you actually serve out the time you are barred outside the US, you are technically able to reapply to enter when that time is up. It is very difficult for people with overstays and bars to ever get a nonimmigrant visa again because of the heavy assumption that they will overstay, but if you have a US citizen spouse and are applying for residence it might actually be easier. Thank you for all the time and effort you put into this thread. I will tell my family to hire a lawyer, but your posts are very helpful in getting an idea of what we are in for and to help manage expectations and timelines.
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Nov 30, 2016 19:08
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