Wife of a US Military Service Man

Old Nov 28th 2013, 12:10 pm
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Default Wife of a US Military Service Man

Relative of mine is married to EX US Army servicemen.

She was brought to USA as a child. She eventually married US Serviceman (married 8 years now) and they had a child. She left to visit the UK (silly) and tried to re-enter with fake driving license! Got a 10 year bar (I think 10). This was about 4 years ago.

There's now a new "exception" for spouses of military personnel but does she still have to wait out the 10 year bar or would a really good attorney / judge apply the new exception as it seems to be very biased to overcoming past EWI's and overstays etc., for military families.

I don't want to hunt down a great attorney who specializes in this complex mess if the bar cannot be overcome. Given she was brought here as a child, married a servicemen I am hoping she has a shot at becoming legal. I assume she'll be good once the bar is over otherwise!
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Old Nov 28th 2013, 12:47 pm
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Default Re: Wife of a US Military Service Man

Originally Posted by franc11s View Post
Given she was brought here as a child, married a servicemen I am hoping she has a shot at becoming legal. I assume she'll be good once the bar is over otherwise!
All else being equal, once the 10 years is up, she should be eligible for a spouse visa. She should make no attempt whatsoever to enter the US while the ban is in place - doing so, I believe, is a felony and could be followed by a lifetime ban.

I'll let others respond to your questions about attorneys and military exceptions.

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Old Nov 28th 2013, 3:04 pm
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Default Re: Wife of a US Military Service Man

You are talking about Parole in Place, the last 2 words are key, it would apply if she was here.

I can not see why she could not have gone the usual waiver route. Sounds like she has a ban for overstay and misrepresentation.
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Old Nov 28th 2013, 3:13 pm
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Default Re: Wife of a US Military Service Man

She was having family issues and went back to UK before she tried to fix via visa waiver. Rather than doing it properly, she tried to sneak in and got caught. She has since managed to get in (EWI) which is even more scary! Since being back in the USA, they have then had another child, which was effectively born in the USA - during the bar!

It's such a tangled web but given she has always been married to a USA Veteran and has 2 US Citizen kids AND the new Obama policy has enabled for much more discretion around spouses of Vets, I was kind of praying, there was something she could do!

Originally Posted by Boiler View Post
You are talking about Parole in Place, the last 2 words are key, it would apply if she was here.

I can not see why she could not have gone the usual waiver route. Sounds like she has a ban for overstay and misrepresentation.
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Old Nov 28th 2013, 4:19 pm
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Default Re: Wife of a US Military Service Man

Originally Posted by franc11s View Post
I don't want to hunt down a great attorney who specializes in this complex mess if the bar cannot be overcome.
YOU don't have to hunt down an attorney if you don't want to, but most definitely SHE should. This person has multiple complex immigration issues, and the case is WAY beyond the scope of an internet forum.

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Old Nov 28th 2013, 4:19 pm
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Default Re: Wife of a US Military Service Man

Originally Posted by franc11s View Post
She was having family issues and went back to UK before she tried to fix via visa waiver. Rather than doing it properly, she tried to sneak in and got caught. She has since managed to get in (EWI) which is even more scary! Since being back in the USA, they have then had another child, which was effectively born in the USA - during the bar!

It's such a tangled web but given she has always been married to a USA Veteran and has 2 US Citizen kids AND the new Obama policy has enabled for much more discretion around spouses of Vets, I was kind of praying, there was something she could do!
That makes a difference, wonder what else she has on her record.

So she flew to Mexico and walked in?

My first thought was whether she was 9C and then if she was whether a PIP could work with a 9C.

Obviously a friend posting on a message board is not the way to go forward. Is she that bothered about the issue?
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Old Nov 28th 2013, 5:07 pm
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Default Re: Wife of a US Military Service Man

Originally Posted by franc11s View Post
She has since managed to get in (EWI) which is even more scary!
Are you saying she is currently in the US and, not only did she EWI, but she knew there was a ban in place and she ignored it? If so, she can never adjust status... ever! EWI precludes her ever adjusting status - military spouse or not, US children or not. As I understand it, it's an absolute. Further if she leaves the US at this point in time, she will likely be subject to an immediate lifetime ban. Keep in mind that by entering the US during a known ban, she likely committed a felony.

First, tell her she needs the services of an experienced immigration attorney. She has multiple, serious issues which are beyond the expertise of this forum.

Second, beyond telling her to get an attorney... stop trying to help her.

Personally, I don't see any hope for her. Her issues are the result of her own poor choices... and now it's time to pay the piper.

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Old Nov 28th 2013, 5:22 pm
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Default Re: Wife of a US Military Service Man

Are you saying she is currently in the US and, not only did she EWI, but she knew there was a ban in place and she ignored it?
It would be reasonable to assume she knew she had a ban, it is not however relevant whether she knew or did not.

If so, she can never adjust status... ever! EWI precludes her ever adjusting status - military spouse or not, US children or not. As I understand it, it's an absolute.
Very few absolutes, in this case if it was a simple EWI then PIP is an option.

Further if she leaves the US at this point in time, she will likely be subject to an immediate lifetime ban. Keep in mind that by entering the US during a known ban, she likely committed a felony.
I think she may have a 9C, lifetime ban waiverable after 10 years.

First, tell her she needs the services of an experienced immigration attorney. She has multiple, serious issues which are beyond the expertise of this forum.
She certainly need a consultation, there may be no options, no services that can be provided.

There is a USCIS Military Hotline for Immigration issues btw.
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Old Nov 29th 2013, 1:42 pm
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Default Re: Wife of a US Military Service Man

USCIS memo on parole-in-place:
http://www.uscis.gov/sites/default/f...lace_Memo_.pdf

Parole-in-place "cures" the 6A ground of inadmissibility. The memo is silent on 9C. However, a grant of parole-in-place could then allow the person to apply for AOS, obtain advance parole, and travel outside the U.S. The AP (under Matter of Arrabelly) would "cure" the 10-year ban. But that case is about 9B, not 9C.
Definitely talk to a lawyer. Certainly an argument can be made.

Has she been in the US continuously for 10 years? Cancellation of removal may be an option.
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Old Nov 29th 2013, 4:50 pm
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Default Re: Wife of a US Military Service Man

OK, thanks so much for the input - including those slating me for helping. The very advice you gave is exactly what I came here seeking.

One last but very big question. Does anywhere here recommend a place to find a good lawyer, who specializes in such a complex cases. A couple of lawyers we've spoken to so far have said they would help but it's the first time they've dealt with anything to do with Military !!

Thanks.
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Old Nov 29th 2013, 5:12 pm
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Default Re: Wife of a US Military Service Man

http://immigrate2us.net/forum/showth...y-I2US-Members

There is a list on this web site of recommended lawyers for Waivers, I do not know of any that specialise in PIP.

Probably PIP is not that common. And for most with a simple overstay is pretty easy.

I went back and re read the thread. Just some comments:

Bans have to be served outside the US, that may be obvious but in your post above it seems that you may have thought otherwise.

Cancellation of Removal COR requires a few things usually including that you be in removal proceedings, that you have been here 10 years and have a clean record. Also need the highest of hardships. Extreme and unusual I think is the terminology.

Sounds like she tried to enter with inspection 4 years ago, was removed with a ban and then entered without inspection shortly thereafter.

Last edited by Boiler; Nov 29th 2013 at 5:17 pm.
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Old Nov 29th 2013, 9:29 pm
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Default Re: Wife of a US Military Service Man

Entry without inspection during a 10yr 9B2 bar earns a lifetime bar with no possibility of a waiver for the first 10 years per 9C. Getting popped trying to get in with a fake driver's license could be a lifetime bar for fraud/misrepresentation. If she claimed to be a US citizen during the attempt that's another lifetime with a permanent bar from ever getting a green card with no waiver available. If all that applies it could take a special act of Congress to become lawful. Sometimes the bar doesn't even start running until the person departs the US again.

If there was a removal order following any of these encounters then merely being in the US may be a felony. The person could attempt to file and end up in the slammer.

An immigration atttorney with a lot of experience doing "janitorial work" is in order.

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Old Nov 30th 2013, 5:31 pm
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Default Re: Wife of a US Military Service Man

Well thinking about it trying to enter with a fake driving license suggests it was at a land border, would not work flying in.

And what DL would be worth using other than a US one?

There is no way around that one apart from I think COR, and that is not a route you would voluntarily try for.

The issues are certainly adding up, my guess is a Lawyer will tell her to lie low.

As an aside it would probably be very difficult for them to move to the UK.
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Old Nov 30th 2013, 6:09 pm
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Default Re: Wife of a US Military Service Man

Originally Posted by Boiler View Post
Well thinking about it trying to enter with a fake driving license suggests it was at a land border, would not work flying in.

And what DL would be worth using other than a US one?

There is no way around that one apart from I think COR, and that is not a route you would voluntarily try for.

The issues are certainly adding up, my guess is a Lawyer will tell her to lie low.

As an aside it would probably be very difficult for them to move to the UK.
The driver's license is probably real from while she lived in the US but she probably tried to claim she was a US citizen and was discovered that wasn't true when she returned. I blame her husband more than her since he is in the military and should know better and not let the mess happen as if there wouldn't be any consequence. He probably told her to "don't worry" and her husband as a military man, she believed him.

I don't even understand what he was doing. He is only supposed to get a housing allowance and other dependent allowances as well as IRS dependent filings if everything was legal so it sounds like he was likely also filling out those forms incorrectly. He sounds like a real loser.

Last edited by Michael; Nov 30th 2013 at 6:19 pm.
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Old Dec 1st 2013, 12:47 am
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Default Re: Wife of a US Military Service Man

Originally Posted by Michael View Post
....I don't even understand what he was doing. He is only supposed to get a housing allowance and other dependent allowances as well as IRS dependent filings if everything was legal ....
Well they're legally married, and we get people show up here on BE from time to time who think that marrying a US citizen automatically makes them a citizen too, so it's a relatively common misconception.
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