Just watched my wife cry in the attorney's office.... - Page 2

All depends if you were officially ordered removed, did you receive a Notice to Appear or were placed before an immigration judge? If not then you were a simple throwback. If you do not know then call 1-800-898-7180 and punch in your A-number. If it doesn't find anything then you were a throwback and not officially deported. In case of which you can use AP to fix your illegal entry.

Yes we are

It was wile trying to cross the river . Never been infront of a judge or recived any notice

Call the number anyways. If nothing shows up you're clear.

No. I would not report it. I honestly don't think I he lied. I think know he just doesn't know how it works. You don't need to be a lawyer to know the laws, you can always look it up yourself. That's what I do and save my self thousands if dollars because luckily some of them are so clear that anybody can understand them, of not you go to forums. I had family members told me about rules that are completely fake because their lawyer told them. I always tell them to look at the laws or instructions from government sites because they are the most accurate.

Just found this and think it's what the attorney was referring to
Unlawful Presence - Now also Applied to Minors!

We are reporting on concerning news regarding unlawful presence under INA Section 212(a)(9)(C) as applied to minors. We have learned that the U.S. Consulate in Ciudad Juarez, Mexico has made a significant change in the interpretation of unlawful presence as it relates to minors.

There has been a significant change in the interpretation of unlawful presence1 as it relates to minors by the U.S. Consulate in Ciudad Juarez, Mexico (“CDJ”) and perhaps other U.S. consulates, with devastating results. According to information obtained by AILA liaison, the Visa Office has directed the consulate at CDJ to cease applying the “minor exception” of INA §212(a)(9)(B)(iii)(1) to unlawful presence findings under INA §212(a)(9)(C)2, resulting in denial of immigrant visas to children under the age of 18, as well as denial of immigrant visas to adults who had unlawful presence and a re-entry as a minor. The Visa Office has declined AILA’s request for a copy of the instruction provided to CDJ. The Visa Office has further advised AILA that it is relying on a March 31, 1997, memorandum from Paul W. Virtue, then INS Acting Executive Associate Commissioner, which states that the “minor exception” does not apply to inadmissibility under INA §212(a)(9)(C).

BACKGROUND

INA §212(a)(9)(B)(i)3 imposes three- and ten-year bars upon foreign nationals who have accrued specific periods of time in the U.S. INA §212(a)(9)(B)(iii) provides a series of statutory exceptions to the period of time which can be counted toward an alien’s unlawful presence. The so-called “minor exception” is found there, and exempts from unlawful presence periods of time when the alien is under 18 years of age.4

In practice at CDJ, the “minor exception” has been applied to the INA §212(a)(9)(C) permanent bar for aliens who have been unlawfully present for an aggregate period of one year, or who have been ordered removed under INA §235(b)(1) and INA §240, or any other provision, who then returned to the U.S. without inspection. Previously, if an alien minor was in the U.S. unlawfully for one year, was then taken home, for example, to Mexico to see his grandparents, and was brought back into the U.S. without inspection, the permanent bar of INA §212(a)(9)(C) has not been applied. This makes sense because INA §212(a)(9)(B) defines unlawful presence for “this paragraph,” and states the exceptions.

THE HONEYMOON IS OVER

Recently CDJ has been taking the position that the unlawful presence exception for minors does not apply to the permanent bar of INA §212(a)(9)(C), because the statutory exception is only listed under INA §212(a)(9)(B). As noted above, INA §212(a)(9)(C) does not include a definition of unlawful presence, but CDJ continues to “import’ that definition from §212(a)(9)(B) without applying the exceptions found therein.

This issue is being raised in with the relevant government agencies. Until a resolution is reached, minors, or those who had been unlawfully present in the U.S. as a minor, and thus, who fall under the newly-interpreted INA §212(a)(9)(C) bars, should not consular process, at least through CDJ, and perhaps at all. It is not known at this time if other U.S. consulates are applying this interpretation of the law, and if the same issue is present with the

other exceptions to the unlawful presence bars found at INA §212(a)(9)(B)(iii).

No your lawyer didn't lie to you, but he is just looking at things black and white without being aware of possible exceptions IF you are a citizen. You didn't mention whether you were or not.

I've said it here before and each time I say it, I get people telling me that I'm wrong and just want to put money in lawyers' pockets, but with immigration lawyers, you get what you pay for and a good one is worth his/her weight in gold. There are a lot of lawyers fresh after passing the bar who find they aren't making enough money in family law and writing wills for people and dabble in immigration law and while they can do routine stuff fairly safely, for cases where things get complicated or require maneuvering, they simply go by what they see as general cases and don't dig in deeper. Of course, the lawyer who will dig in deeper will charge for his time too.

Wow. I'm going to go a bit off-topic at first, but...
The level of unprofessionalism and incompetence in the immigration bar is just astounding; this goes for "prominent" and lesser-known attorneys. If a doctor told a patient seeking help in losing weight "well, you chose to stuff yourself with donuts..." or a patient with uncontrolled DM, "well, it's your fault that you did not try to rectify this sooner" not only would that physician be officially reprimanded, but possibly dismissed and risk losing contracting status with state and federal health plans. What a patronising jerk./cow. I've had my own experiences like this.

You have your entire family's and your own happiness and future in your hands, seek help elsewhere.

Just more evidence, doctors >lawyers.

if you're raising four children and two weren't yours when you fell in love....you are a good man!!!!

Well you can be a good man and date a millionaire super model without any kids...Just sayin'