If a person entered into the U.S. from Mexico illegally as a child, then returned, lived in Mexico for 1 year, and entered illegally again as a child they face a permanent ban. With that being said, if this person when applying for a family waiver didn't list the second entry, has school records, a GED, proof of residency in the US for over 15 years, and no criminal record, would there be a high risk of them being caught?
The only record this person has of being in Mexico prior to second entry is their enrollment to a public school for 1 year.
Would the school record even be a factor?
Would they go the trouble of researching school records to prove she lied on her application?
her choices are:
- apply for DACA with no chance of ever becoming a resident and always being in fear of DACA being reversed
- Remain in the shadows and hope to never get caught
- Apply for DACA list on one entry, and then apply for advance parole
They're all a gamble that can result in deportation at some time, but The third option seems like the most logical.
Were you caught? Were you fingerprinted and photographed? Did they give you a notice to appear in front of an immigration judge? If you answer yes to all of these questions then it's very likely they have records of you entering twice. If you answered no, but yes to one or more then it's important that you check your record with ICE. Also, they may only have one record of you, if you were caught once...
If you do find out, speak with a lawyer before thinking about traveling with advance parole. Other than that, there should be no problems