Graduate School in STEM - with a big BUT

Hello everyone,

This is my first post and I would like to see what you guys think of my situation and my options.

I graduated from University of Houston with a bachelors in engineering and was thinking of going to grad school to get a PhD. In engineering, the grad students have a full ride in terms of tuition (if they are aiming for PhD) and the stipends are really good in comparison to other fields. Especially considering that some fields do not even pay.

I came with my family in 1996 with a tourist visa and we overstayed. The big BUT is that I was caught by Customs back in 2004 when they searched the place where I was working. Great story. Anyway, it was the summer before my senior year so I signed the voluntary return while in confinement (did not have time to fight a case because school was about to start and my chances were not good). Anyway I came back (esta vez de mojao) to the US to be with my family and finish my studies.

In order to go to grad school and get paid (important), I need to go back to Mexico and apply for a student visa once I'm (hopefully!) accepted into a graduate school.

First of all, what is this 10 year ban? If I go back to Mexico, what do you guys think are my chances? Man if you have some insight, I'd really appreciate it. Haters are welcome to comment, I need all the info I can get. And thanks for reading.

#Thinking of just going back

There are not haters here actually. And there's nothing to hate about. You've proven yourself a true dreamer and we ALL embrace that.

The law basically says that if you came here illegally and at age of 18 you were still here, you will have a 10 year ban. Your chances are pretty slim if you go back to Mexico. You should talk to your dean or some high ranking person on the university and tell them your situation.

Which state are you in?

Haha i was jk on the haters, i like to keep the mood light even during tough times.

I am in Texas.
Do you think a high ranking person would be able to facilitate payment options? I'm not interested in going to grad school just to get paid, my true incentive in going to grad school was to be here legally, even if it was with just a visa. Getting sponsored to work is also possible with a visa and a PhD...

ehm I mean there are chances that nothing will happen... there are chances that you get a visa but might be told to return at the airport / boarder crossing...

Yes... I read on the US consular website that getting a visa is not a guarantee for admittance into the country.

I guess a better way to state my question is: What are the stipulations in the law that would affect me when applying for a student visa considering that I signed the voluntary return?

I do not think the chances of going back to Mexico and applying to come to the U.S are high. I would say they are close to not existing, specially if you got caught before. If I was you I would try to pay my way through my masters and then go back to Mexico and apply to study your Ph.D in Europe or some other place. I am also an engineer and I am trying to pay through my masters to do what I have just mentioned. The future seems very bleak if we stay here. I would not go back to Mexico with just a B.S. My cousins back there all have engineering degrees and it is though finding a job even with such degrees. Not to mention that the speak english and had stellar grades in school. What type of engineering did you do?

This is a very tough situation because- theoretically- you have several bars of inadmissibility going at the same time:

A) Inadmissibility based on previous removal.
B) Inadmissibility based on unlawful presence
C) Unlawful return after prior removal.

The last one is considered a permanent bar. HOWEVER, and bear in mind I am not an attorney obviously; I don't believe voluntary return and voluntary departure are considered removals because in the case of voluntary return, you do not enter formal proceedings. So, technically, you have entered EWI only once; but, have accrued unlawful presence in excess of a year. The 10-year bar for inadmissibility due to unlawful presence started in 2004. The ban continues to run whether you are in the States or outside; sooo, my friend, you are only two measly years away from ending your ban.

The problem is not the ban; your problem is that you were found out by ICE. If you can confirm; and I have been doing a lot of research and actually paid several attorneys for consultations just to test if they actually know what to do in this particular situation (long story and each gave a different answer, of course$$$); that voluntary return is NOT A REMOVAL, then you can wait out your ban and apply for a waiver if you need one. I do think that something will happen sooner rather than later, to help people in our situtation, indpendently of the DREAM Act. Also, for those who came over the border and were admitted by an customs officer, whether you had a visa or not, you are considred admitted and inspected and not an EWI based on recent case law (I just read it the other day on www.bibdaily.com - you can google it).

if you go back to Mexico you're not coming back until 10 years

If they found out you came back a second time then I don't think you'd be eligible for the DA since that is a crime. I hope that's not the case but it's something to consider.