DACA recipient stuck in Mexico forced to leave her baby and husband in Texas - Page 2

I think her last entry was the one that mattered, and she entered without inspection. So, she needed to leave the US for a visa interview, but she did not qualify for the 601 or 601A.

Her only option was to stay in he US on DACA and see what happens. She did not know, but her lawyer should have known.

The 3 and 10 year bans do not apply for minors. Meaning they cannot accrue unlawful status.

She is not being banned for accruing unlawful presence. In this case, she triggered the permanent ban. This one DOES apply to minors. She received the ban because she broke the order when she was denied entry in 2004 and then entered illegally a month later.

She was very likely give an expedited removal in 2004. Which is way different than voluntary return



I had an encounter with CBP in 2001 and I am currently going through this process myself. My lawyer would not submit anything until we found out what happened during the encounter. Thankfully we found the CBP record and it is stated in black and white that I was given a voluntary return, which does not carry long-term repercussions.

That's some scary s*it.

I'm so confused. This is the type of stuff that scares me when when going through consular processing, as I will be doing since I don't qualify for AOS.

you accrue unlawful time after turning 18 methinks. She should've cleared her EWI w/advanced parole b4 attempting this.

From what I’m reading, there is a group of you that have awesome critical reading skills and a group that doesn’t. If you’re not sure what group you fall into, please read all the posts before commenting (about the interpretation of the law).

There are a lot of folks here that fall in the latter group. Let us pray for them there is no reading comprehension or critical thinking skills tests to get a green card.

Yeah now I’m worried because I’ve had daca since I was 17 .. EWI when I was like 2 years old (199 and I am now waiting for my consular interview and was told I wouldn’t get ban since I never accrued time

Can I ask how you entered? I came in with visa, and still have it. Does that mean I have to go to a consular in Mexico?

You can do consular proceedings but you should do Adjustment of Status, which is easier, cheaper, and shorter wait time.

Do you have your I-9 card?

I “self deported” (actual words from border patrol) once when my ex wife wanted to see Tijuana during a trip to San Diego. I had DACA and didn’t know that once you cross that big door, you’re in Mexico. (They need more signs) anyway, I talked to the officer, and told them what we did. They ran background check and they let me go. I acted cool and collected, told them everything. They let my wife go and shortly after me.