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DAP Forums > DREAM Act > The Lounge

EWI Question for those with previous cases...

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#1
01-22-2013, 08:17 PM
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OK.

I left to Mexico for a few months during middle school. About 15 years ago. When I came back, a family friend picked me up from the airport and drove me into the US. I was in the passenger seat and sort of inspected. The agent was more concerned about the driver turning down the music and checking his Id. I was never asked a question but handed the agent my school ID. The agent just waived us through.

I consider myself EWI and with consulting with lawyers, I say I am EWI. All previous times before the incident above, I was not inspected.

I might start the green card process through my USC spouse shortly so consulted with another attorney about it. He says I was inspected, therefore, can adjust without a waiver. I really don't think so because I have no proof of it other then maybe getting an affidavit from the person who drove me into the country. Also, I fear they might say I tried to claim citizenship or showed a fraudulent id. I didn't do either of those things though.

Has anyone here ever successfully adjusted or claimed they entered with inspection under similar circumstances? Or do you know of a case or someone who has???
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#2
01-22-2013, 08:56 PM
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There is a case that set precedent that somebody in a vehicle that was waived through came in with inspection. Let me look for the court case name.


ok. here you go.

http://www.immigrationdirect.com/imm...ing/index.html

Go with what you feel most comfortable though. Maybe a third lawyers opinion.
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Last edited by FlyinAgainstTheWind; 01-22-2013 at 09:05 PM..
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#3
01-24-2013, 09:18 AM
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Quote:
Originally Posted by FlyinAgainstTheWind View Post
There is a case that set precedent that somebody in a vehicle that was waived through came in with inspection. Let me look for the court case name.


ok. here you go.

http://www.immigrationdirect.com/imm...ing/index.html

Go with what you feel most comfortable though. Maybe a third lawyers opinion.
I'm curious, how does one prove that they were waved in through the customs ? Isn't the problem here the complete lack of documents it ever took place?
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#4
01-24-2013, 03:44 PM
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Ah. I see...
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#5
01-24-2013, 03:52 PM
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Quote:
Originally Posted by Demise View Post
I'm curious, how does one prove that they were waved in through the customs ? Isn't the problem here the complete lack of documents it ever took place?
You have to look the full case up and read the judges ruling. I haven't done that. I will but don't have time right now. You can search the case by just using the case name and number. There is usually free access through weslaw or court databases.
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#6
01-26-2013, 02:16 AM
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My sister married a USC like 6 years ago. I am from tijuana, so we had those border crossing cards they used to issue to people that lived on the border. She came in as an EWI since we lost the card and couldn't get it since parents were in the USA already. She was able to adjust her status by claiming that in 2000 she came in a car with other people and was thus not fully inspected, I can ask her more questions if you would like, it worked out for her and she will soon become a USC herself
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