Worked illegally (tourist visa) but never deported???

[Kukulkan]

Hi...my wife's uncle currently lives in Mexico. He has lived in the US various times and has worked. He has a social security number that he obtained in the 70's when the laws were different. His daughter was born here. He was never deported and two times he entered as a tourist and just over-stayed his time. Now his daughter has filed a I-130 on his behalf. He has received the biographical history form that he needs to send to the National Visa Center. He would like to do everything correct and come clean about the times that he was in the US. He was told that he could just pay a fine and receive a pardon. Does anyone know what this "pardon" process entails? HOw much are the fines? I feel that he shouldn't say anything because since he was never caught there is no record for him to get "caught". What are your thoughts?

[mikew151]

He might have to apply for I485 SuppA. Here is the link http://uscis.gov/graphics/formsfee/forms/i-485supa.htm Open the pdf documnet. It explains it all.

[Kukulkan]

I am not sure that this will work because I believe that you must be in the country to submit a I-485. Since he is outside the country at this time, he will first be issued a visa that will allow him into the country and my fear is that by stating that he had previously been in the country illegally, his visa request will be refused. The question I have for this forum is the following:
1) Does anyone have any experience with this type of situation?
2) What did they do and what was the result?
3) What fine or punishment would the USCIS impose on someone that has been in the country illegally? I was told that he could be barred between 3-10 yrs. Does anyone know in oractice what the CIS does in this case.

Thanks,
Mike

[eskimohere]

isn't the LIFE act 245(i) for approvable-when-filed before April 2001? or can it still be used?

[cherr1980]

The bar from the country depends on the time he overstay. You said that "little" time, what is that little time? more than 180 days or less?

The LIFE act and the benefits of section 245(i) is for people who enter ilegally and other factors in place (like ilegally work and so on) BUT where inside the US by the period of time stated in the law. Doesn't apply for Consular processing.

The form that you are talking (biographic data) that he most put the dates is the form DS-230? Who inform him about the fine and the pardon, the Consulate?

Good luck,