Difficult situation, might lose job due to a visa!

Hi folks,

Hope all of you are doing great, I have entered here with the hope of having an answer to a doubt that has been linguering for 7 years. When I was 10 years of age, my parents brought me to the USA(Utah) in which i live until I was 18 years old. I earned my highschool diploma, was on honor roll, played varsity soccer and joined a math and science club in high school.

After finishing highschool, I decided that my best bet would be to study in Mexico, since my parents could not afford Engineering School. I graduated from highschool in May 2006 and left on July 2006 to Mexico. A bus(greyhound) was the choice I took to Ciudad Juarez in which no proof of border crossing into Mexico was given. In October 2007, I foolishly tried to go back in which I was detained by the border patrol in a check point in Texas, I was finger printed and photographed and sent back.

Now, I hold a degree in engineering and I work for a global company, I'm married, and have one daughter. My current job has asked me to petition a tourist visa in order to get some training for the product I will be supporting, but the thing is, I'm afraid I'll lose my job if I don't get the visa. Will the fact that I got caught by immigration and also the fact that I lived in the US illegally be a factor to have my visa denied? I'm afraid I'll be denied when I get fingerprinted and photographed at the consulate/border. This tourist visa is my ticket to continue on the company, in which my whole income depends on.

Thank you for your time in reading this, hope you guys can help!

Before I answer your question. If you think if your job is at stake, you should go ahead and apply for the visa, that way if it is denied, then you can present that to your work so that you are not fired.

1) Any time spent in the United States as a minor under 18 years old will not count towards the unlawful presence time.

2) You were caught at the border attempting to cross illegally. Yes, this will be a factor in determining your eligibility for a visa. However, they will also look at other factors. Mostly what they are trying to determine is that you will use the visa for the purpose that you are applying for in the first place and not for another purpose (like coming on the visa to stay here permanently). They are able to decide based on your having strong ties to your home country (having family/kids, homeownership, job, etc.) and weighing it against the consequence of giving a visa to you (having a criminal record in the US, having multiple immigration offenses, being a national security threat, etc.)

If you were only caught that one time. Then I don't think it will be a significant risk to your application.

Thank you very much sir, you have provided relief to an on-going struggle. Also, will this apply if I'm sponsored for a visa under the nafta treaty(TN visa)? The plan for me is to go there and get training for 3 months, after my company will sponsor me to be on site in NY for 1 year. As previously stated, that should not be a problem right?

I may not have any advice to give you but, wow you are such an inspiration and good luck to your ongoing struggle.

Thank you pinkgumdrops123, it has been a long way. I have been working hard to at least visit what I consider my home country.

Regards.

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How a big trouble! Hope u can do something to keep ur job.