Rete

When you say you have entered the US legally after having been found and deported on numerous occasions, do you mean that you entered the US through a land or air port of entry and showed documentation as to your name, etc.?

I'm also assuming if you lived in the US since the age of 6 that at one point you obtained a social security card and worked now and again. Were you ever arrested for possession or for selling/dealing in drugs at anytime? If so, what drugs and what quantity? What was the sentence given to you by the court if you were arrested and tried? What years did this occur. The penalty in the year of occurrence is important not the penalty given today which in many states is more lenient. Have you been arrested in Mexico for drugs? If so, buying or selling, one or both?
Have you been arrested for theft or violence towards another person, i.e. domestic violence?

All of this will have a bearing on whether or not you will be able to get an immigration visa. Assuming, as well, that you want your family in Mexico to also obtain immigration visas.

What age were you when your parents became US citizens? Were you still a minor or an adult?

There are many questions that an immigration attorney would ask you before they could warrant an answer on whether or not you stand a chance to successfully immigrate to the US. Regardless of your age and your good conduct as an older and wiser adult, those factors are not the only, if at all, things that might have a bearing on your case.

These forums don't see issues such as yours normally. Our dealings are usually minor infractions and they are people who are hoping to obtain work visas or marriage based visas.

Truly you need to see an immigration attorney who is well versed in cases involving criminal backgrounds.

ray123

Yes, I know it's an unusual case and I'm fishing for answers.Yes, I do have a social security,drivers license,state ID card,credit cards even a selective registration ID card which they gave me when I registered for the military service at 18,but some of them might have expired by now.I came into the U.S. legally at the age of 6 and I think that at 15 I got caught up with drugs.While struggling with my addiction I legally worked and studied and payed my taxes.That is to say although I was illegally in the states I always used my identity and my own Id's.Later I also learned that even if a person was legally in the U.S. and legally worked and thereafter were deported for whatever reason you can not collect any SS,federal or state withholdings or anything for that matter.I really don't know what kind of message it's supposed to give,but so be it.

Thanks for the advice and help.

A I

My guess is they use the fire hose to spray your @$$ out of the office, but that doesn't make it so...

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I'm really asking because I truly wonder if the OP has a chance, (at least on paper) and I don't know what happens to folks like him when they try to adjust status.

It's one thing to know for sure by regulation that you are banned forever (as in cases of "mistake" voters, and those caught at the border after claiming to be US citizens when they were not)... but not having such regulation leaves a glimmer of hope for the affected. I was asking if you or (anyone else) knew if there was something in writing actually banning him for life.

Is there any other lifetime ban triggers, other than claiming to be a US citizen (The questions on the I-485 come to mind...Communist party membership, terrorism, drug crimes, prostitution, etc, but do they really ban you for life)


What happens if son files I-130 now ? (Is his background checked then?)

Can you attempt to convince the embassy that you are of good moral character ? (If such a requirement exists ?)

scrubbedexpat099

I mentioned it earlier, he is 9C. Basically a lifetime ban due to his re entries. Waivable after 10 years.

He would need a qualifying relative to submit a waiver for him showing extreme hardship to them if he is not allowed a visa.

That should deal with his illegal presence, but still leaves the Felony/Drugs issue. Dealing is a big no no, he has plenty of time to reform from a consumption perspective.

Big advantage is that Mexico is the easiest Consulate to deal with but even so it is going to be an ask.

Rete

This brings up another very important question and please be truthful when answering.
I know the others have used this in their discussions between themselves but I prefer to ask you outright.

Have you ever declared yourself a US Citizen? It could have been to register to vote, completion of any employment documents, when you registered for the selective service, etc.

I ask because if you have ever done so, that is a permanent ban from the US.

ray123

No.I've never been accused,charged,or convicted of misrepresenting an American citizen.There never seemed a need to 1) I'm 5'10",light skinned,lt brn hair,green eyes,am well spoken with no accent.2) INS work laws were not so demanding at that time.I do remember providing my green card with the selective service.In fact that was during the nam war and I wanted to go,but was turned down for flat feet.I also remember during one "deportation"
flight every deportee had on civilian clothes and I had on a shirt and tie and a lady came up to me on the plane and asked me"aren't you afraid escorting these (5)persons by yourself?" I said "Ms.I am one of these persons".Her face turned into a Kodak moment!So even in such a dim situation,deportation did have its bright moments.

discoviking

Based on what's been posted, I think OP's chances of receiving a successful immigrant waiver is slim to none - even if he has immediate USC relatives. It would appear that he has multiple inadmissibilities to overcome, such as:

The 95 arrest for possession with intent to distribute is most likely a lifetime ban.

9C isn't about the number of reentries, but it is triggered if an alien has accumulated more than a year of unlawful presence, leaves and re-enters (or attempts to re-enter) without inspection. It is also triggered if an alien re-enters or attempts to re-enter without inspection after a deportation, regardless of how much unlawful presence was accumulated prior to the deportation. 9C is a lifetime bar with no waiver available until the alien has spent 10 years outside the US. Sounds like 9C may apply to OP as well.

OP stated in one post that he never entered without inspection, but entered illegally. I'm not sure what was meant by that. If OP entered by evading inspection ate a POE, i.e walked through the desert, hopped a fence, hid in a car or in any other way was not inspected by immigration officials, then he EWI'd.

If on the other hand he did present himself to an immigration official and was admitted, then he didn't enter without inspection obviously. But, if he was inspected and admitted, my suspicion is that he may not have been completely truthful about his previous inadmissibilities and/or the real purpose of his entries to the US - i.e. enter and remain. In that case, I would not be surprised if a charge of misrepresentation is added if he ever gets to a visa interview. Misrepresentation is another lifetime ban.

So, it doesn't look good I'm afraid, but that is only my layman's opinion based on a limited set of facts posted in this thread. It has already been suggested to OP that he has a consultation with a qualified US immigration attorney for a thorough review of his case and the options available to him - if any.

Laurel Scott at http://www.scottimmigration.net/ has already been suggested. I second that suggestion, as she is highly regarded in family immigration cases where waivers are required.

I would also suggest that OP visit http://immigrate2us.net/ which also has a focus on family based immigration with inadmissibilites. The FAQ on that site has a list of attorneys recommended by members of that site.

discoviking

So you were a permanent resident at one point? Then you lost permanent resident status, were deported and have reentered illegally after that? Is that correct?

If so, that may be an additional complicating factor. You definitely need a good immigration attorney. This isn't a DIY project at all.

Good luck!

Rete

Thanks for the reply. I didn't realize you had a green card as you didn't mention how you and your family came to be in the US and what your status was while living here.

I also don't believe you answered at what age you were when your parents became US Citizens. There is a good reason for asking as if they became one before you were 18 and/or deported and you had a PR status, then you might well be a USC.

Also now that it is known that you were once a PR, are you still a PR or did they make you return your green card?

ray123

Thank you.Your advice and suggestions are well taken.Will contact an INS attorney.Case closed.
I'm sorry I answered before reading your post. I did have a green card.Unfortunately my family became citizens long after my deportation.However, I do recall that I didn't have an attorney when I was at the hearing.I was alone and the ins judge allowed me to leave voluntarily and gave me 30 days to report to the American consulate in Monterrey and that event triggered a nightmare.And once again thanks' for all your help.

discoviking

Good catch!

A I

I venture to guess that It was not clear to the OP that the term "Entry Without Inspection" MEANS entering the US without being inspected by an immigration official at an official port of entry - Such as Airport, Seaport, OR US office located at the border. I say this because he denied EWI in the same sentence he admits entering illegally.

For Future reference...EWI is an ILLEGAL ENTRY into the US.**

If you crossed the border and ran in, and nobody from immigration saw you, you entered without inspection !! EWI

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(** Yes, some people with special cards can cross the US-Canada wilderness legally without seeing an immigration official, and they are not considered to have entered without inspection for purposes of crime and punishment, as they entered without being inspected, but have a permit to do so..You could say they were previously inspected...)

Rete

There was an interesting question in this weekend's immigration column by Allen Wernick of the New York Daily News.

It appears that one Mexican citizen cross the border as a passenger in the car with its US Citizen owner driving. The USC showed his document at the border crossing but she was not asked for anything. At the time of AOS she was denied. Subsequently it went to court and it was found that having crossed even in the manner she did, she still is considered having entered with inspection.

So the EWI issue is not always solid but can have areas of transparency.

scrubbedexpat099

I have seen a few cases like that.

The tricky bit is proving you were in that car and were not asked.

ray123

Thank you for the info.Since my last entry was well over 10 years ago,the gov. can not bring any EWI criminal charges against me due to the statute of limitations.On the other hand, for immigration purposes a lot of courts have found that deportation proceedings are "civil in nature".and refuse to extend certain protections afforded by the constitution to deportation proceedings such as a right to an attorney,but they do afford you an opportunity to challenge an ineffective of assistance claim under the due process of the the 5th Amendment to re-open an executed deportation order.The Civil Rules and Procedures outline a time limitation for bringing a civil action and the do's and don'ts.If courts are saying that deportation is civil in nature,I wonder which rules apply, or does the INS have its own rules and procedures that are beyond the reach of Criminal and Civil law.I am very familiar with civil law and criminal law and how to challenge an old conviction that formed the bases for the deportation, whether or not its outside the time limitations for the filing of such a motion.What I am not too familiar with is INS law,but it's never too late to learn.