What is the definition of "Enter the United States Illegally?"

M

momgreencard

Registered Users (C)
Hi,

I have a previous post, explaining my current sitiation with my mother. I am a USC, but my mom was deported back in 1999 (Overstayed for more than 4 years), but then b.c her visa was a 10 year visa when she first got it, so she tried her luck, bought a plane ticket, and try to see if the customs will let her in. (with all real paper / passport -- NOT FALSE DOCUMENT).

And she was let in. I was reading online about those 3 yr / 10 yr bar. It said, after the bar, you are not allow to enter the US LEGALLY within that period of time.

So, the fact that, my mother is NOT suppose to come back to the US, but the customs DID let her in... is that a legal or illegal entry?!?!?

Thanks.
 
Just because somebody didn't notice you've stolen his wallet, doesn't mean you didn't steel it. It's still illegal to steel it and you might get caught eventually.

Just because she passed the inspection at the POE doesn't necessarily make it a legal entry. You'll find out once the USCIS has your applications and digs deeper into the case. You're supposed to tell them when and where she entered the country the last time. They'll have the visa number and before you know it something's going to pop up.

Good luck
 
Illegal entry is defined as entering this country without inspection( so if you climb the fense u illegal). However, since your mom was inspected (keep the ticket and boarding pass) she is legal as long as her visa was not cancelled.
 
bps01 said:
However, since your mom was inspected (keep the ticket and boarding pass) she is legal as long as her visa was not cancelled.
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I wouldn't call her legal; since CBP had no ability to admit her and her visa was no longer valid. She was admitted into the US in error, and I would strongly suggest you see an attorney.
 
She was legal in the respect that she entered legally with inspection, however once her Visa Expired she became out of status and resided in the USA Illegally, Unless a USC had filed AOS Prior to her receivjng Deportation orders her status was not a Legal resident status.
 
Addie_Goodvibes said:
She was legal in the respect that she entered legally with inspection
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But the entrance after inspection wasn't legal. Her visa was automatically canceled by the overstay, and anyways being subject to the 10-year re-entry bar meant that CBP could not legally admit her, since that re-entry bar cannot be waived. The fact that the POE wasn't aware of these two vital facts doesn't make her entry legal.
 
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