Father of 5, denied re-entry during immigration interview - Page 2

How would immigration know about the trip ? I assume he flew to Mexico and came back with out inspection? Does immigration have access to plane records?

They do, around that time, the early 2000s CBP matched I94 data to passager information I believe. Just like today, it is an automatic process.

Regardless he was EWI from the start hence he had to go back, even with the lie. Also, it is possible that consular processing has access to Mexican databases and records. That is how they screen incoming visitors etc..

Does anyone know the lawyers name or firm?

Was his second return to the US an EWI? If he came via airline, he should've been inspected right? Is it even possible to get an EWi when coming via airline?

No, if he had been inspected coming the second time, then he would have been able to adjust without leaving.

Even if he had no papers..

What a shit lawyer

Im in the process of filing my I-130 through my LPR mother, so i think i know what happened here.

If you stay in the US unlawfully for over 180 days, you get 3 years ban; 1 year or more, you get 10 yr ban.; leave the USA and enter again unlawfully, no matter the time period, then you get the permanent ban. I think the lawyer thought there were no records of his client's second entry and decided to omit it to qualify for I-601A, (Application for Provisional Unlawful Presence Waiver). With the I-601A approved, this man left the US, but even with the waiver they can deny you entry for any other reasons they find, this one being his second entry.

I see, this makes sense... That sucks.

Although are you sure? I thought the permanent ban applies only if you get caught entering and you attempt to enter again after being officially removed.

Thats what i know from here https://www.uscitizenship.info/artic...l%3Fp=299.html

"People who spent a total of one years unlawful time in the US or are ordered deported can be barred permanently. When such persons leave and return or attempt to return to the US illegally without a visa or other valid permission, they are permanently inadmissible to the US."

So he filed that he entered on 1998,reentered in 2003, so his stay qualifies him for the permanent ban.