what to do after 15 yrs.?help!!

easycomeeasygo said:
it would be great if i could go back and get a visa.. but what about before i leave won't they stamp my passport before i get on the plane won't Poland than know i was here? not to mention if i would pass the interview in Poland i think they would be a bit curious about my broken polish accent or maybe they would even ask me where i was for the last 15 yrs...i am going to try to get some money together as well as see a lawyer that's for sure.
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They don't stamp your passport returning to your home country! If they do lose your passport and pay the $100 to get a new one. Poland doesn't interview you for your Green card. In regards to your visa, your broken Polish accent will not matter as you would be interviewing for a U.S. green card if married in the USA. Also, Poland doesn't care where you have been the last 15 yrs,they will not ask because you are a citizen of Poland.

Remember we are all going on the assumption that you are getting married. You will need a visa to re-enter the U.S.
 
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Why would Poland give a s*&! where you've been for the last few years? Your concern is coming back to the U.S.

Have you ever flown before?

Who here would stamp your passport?

What interview?

This is why I told you that you need to have a plan in place before you go. Are you planning on going to the airport tonight?

Sorry, but based on all the information, I have to ask how old are you?
 
When he leaves the US with his real passport, the airline will give USCIS his details. Won't that be a problem, as there is no record of him entering?
 
cafeconleche said:
When he leaves the US with his real passport, the airline will give USCIS his details. Won't that be a problem, as there is no record of him entering?
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If USCIS does get any info, you are correct, USCIS would get his departure info. However, with over 3000 flights in and out the U.S. each day I doubt they will because he is going out not coming in!

If they do report his departure, USCIS will not be able to connect the dots because he never existed here. USCIS would only have his departure date in their system, so to his defense; hay they must have lost info of his entry visa, USCIS problem! That's going on the assumption he actually goes home, then comes back on a visa...

No it won't be a problem, he is entitled to go to his home country anytime, doesn't matter what he did here. Although, I personally would hire a lawyer just in case problems surfaced.

As we have said though, a lawyer will do him NO good now! Again, we are going on the assumption that he leaves the U.S., then he re-enters on a visa ie: student, visitor, ect..

This is the only solution to his issues here, period!
 
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I disagree about having a lawyer - if for nothing else to have a plan. He needs some coaching of some sort because if he comes back he is going to have to figure out under what status.

The main thing here is for him to have a plan.

easycomeeasygo

Have a plan, have a plan, have a plan.
Let me know which part of this you don't understand.
 
How is he going to bypass lying on immigration forms? and produce any kind of "non-immigrant" ties to his home country, which he will need in order to obtain a non-immigrant visa.

This seem to have turned into the "do the wrong thing" but "i am not telling you to do it".

Lying on immigration forms is never a good idea and he will be "forced" to do so if he expects to return to the USA.
 
PraetorianXI said:
How is he going to bypass lying on immigration forms? and produce any kind of "non-immigrant" ties to his home country, which he will need in order to obtain a non-immigrant visa.

This seem to have turned into the "do the wrong thing" but "i am not telling you to do it".

Lying on immigration forms is never a good idea and he will be "forced" to do so if he expects to return to the USA.
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Many people bypass, and lie on immigration forms Prae.. His situation cannot much worse then it already is. Ties to his home country, I am sure he has some sort of family there he can say he has lived with. For the student visa I know they don't ask, nor care where he has lived the last 10yrs. Niether does a visitor visa ask such questions.

This is the only reasonable way back to the U.S. for him, unless you can think of another?

USCIS won't know he was ever here if there is no record of him...I am not saying it's the right thing to do, but it's his only hope! This decision is up to him.
 
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trialanderror83 said:
If they do report his departure, USCIS will not be able to connect the dots because he never existed here. USCIS would only have his departure date in their system, so to his defense; hay they must have lost info of his entry visa, USCIS problem!
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While that might be USCIS' problem, if the consular officer notices the exit without an accompanying entry, then he may get suspicious. The beautiful thing (from his perspective) is that 214b allows him to deny a visa if he has mere suspicions that something isn't right.

Remember, you are inadmissible based on 214b until proven otherwise; USCIS doesn't need to prove anything.
 
TheRealCanadian said:
While that might be USCIS' problem, if the consular officer notices the exit without an accompanying entry, then he may get suspicious. The beautiful thing (from his perspective) is that 214b allows him to deny a visa if he has mere suspicions that something isn't right.

Remember, you are inadmissible based on 214b until proven otherwise; USCIS doesn't need to prove anything.
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Yeah I see your point RealCanadian, however we are talking about his entry over 15 yrs ago. I don't think the have such information available from such a long period ago. They probably wouldn't be able to find his entry even if they had his entry on record. They couldn't find my I-20 when I entered in 2000, thank god I had a copy of it and my admission number!

My parents entered through Buffalo this year, they are Canadian. The IO was being a ass to them about a fax michine my dad had in his car. My dad said that they have customers that he needs to keep in contact for his resort in Canada, reason for the fax machine. He also said that he had no intentions to stay in the U.S., and that he only comes to Florida to see me(his son) and the weather. He said he has no intentions to work in Florida for $8 a hour, and that they own a resort in Canada. My dad also told him that they have been coming here(U.S.) since 1969, and that the previous year both him and my mom were fingerprinted and photographed. The IO told them straight out that they don't keep entry information on everyone entering because in his words" They don't have the resources to keep the records for the millions of people that come to the U.S." My dad again reminded the IO that he was photographed and fingerprinted just a year prior, the IO still couldn't find when they entered the previous year..:eek:

I think maybe all the hype about this fingerprinting and photograph stuff is all a hype to maybe scare people to think that they keep records to stop people from illegal entry. After all you have 3,000 miles of border with the U.S. and Canada, to think the border patrol could cover that is laughable. They can't even keep out the Mexicans with a fence up.

You have to agree though, this is his best chance(and only) way to be able to fix his problem, a risk he has to be willing to take!
 
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trialanderror83 said:
Yeah I see your point RealCanadian, however we are talking about his entry over 15 yrs ago. I don't think the have such information available from such a long period ago.
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For his entry? Almost certainly not. The problem for him is that they don't need to have complete information in order to get suspicious. Let's say for whatever reason the exit is tracked, and is available to the consul at the visa interview. He's certainly going to start digging around, asking questions and seeing if the answers line up.

The IO told them straight out that they don't keep entry information on everyone entering because in his words" They don't have the resources to keep the records for the millions of people that come to the U.S." My dad again reminded the IO that he was photographed and fingerprinted just a year prior, the IO still couldn't find when they entered the previous year..:eek:
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Don't forget that not everything a CBP officer tells you is necessarily true, or that not all CBP officers can access the same data, depending on the POE. It's possible that he was telling the truth, or that he was lazy and grumpy and didn't want to admit that your father was right. ;)
 
Maybe they don't really keep information diligently at the Canadian border, but at airports that lead to other countries, they do. I don't know. But anyway, and I'm not suggesting that he do this per say, but if easycomeeasygo were to get a fake Polish passport, which, on exit, won't really be checked that well, and then enter the EU with the real one, that could still keep his slate clean in the US.
 
I just wanted to tell you guys thank you for everything that your giving me this is opening up my eyes to so much more you have no idea how much i appreciate this ....as for the fake passport idea I'm not sure if that would work or if i even had that kind of money because it probably would be very expensive.
 
I think what you guys are missing is the fact that when he flies out of the country using his real passport under his real name then the US has a document of him being in the country as they will receive this from the Airlines. Being a former police officer and the information I was entitled to just as a local cop, I can't imagine what the Feds are entitled to and I would not be surprised if their is document sharing between embassy's on illegal status's. I would bet that different countries embassy's provide the US with who is applying for a passport renewal stating they are residing in the US and I would bet the US does the same in Poland or wherever.
Going forward with this I would think would most certainly jeopardize his mother's status as he readily admits that she knowingly produced documents for an illegal entry and I can't imagine her getting her green card once they find out. He on the other hand was 6 to 7 yrs old on entry and therefore cannot be held responsible. If he can prove that there is nothing in Poland that he can go back to and his lack of the Polish language would prevent him from being able to work and provide him with life's necessities (food, shelter) then it is sad state our USCIS is. My question to him would be if I were an immigration official would be as soon as you graduated High School, this should have been an issue. Why 7 years later when you are 22. What have you been doing all this time? Now you're not the innocent 6,7yr old that came here because someone put you on the plane. For the last 7 years you have been living the lie that brought you here, you are now culpable in my opinion. But it is only my opinion.
 
Doesn't every foreign nationals have to be finger printed when they enter and exit? if he get finger printed when he exit, then it really dosen't matter if he uses a fasle name to exit or real name to exit because when he tries to come back with a real name, finger print at port of entry will find out all about his past history.
 
bestpal said:
Doesn't every foreign nationals have to be finger printed when they enter and exit? if he get finger printed when he exit, then it really dosen't matter if he uses a fasle name to exit or real name to exit because when he tries to come back with a real name, finger print at port of entry will find out all about his past history.
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Only on entrance. The US has no exit controls.
 
I am sorry to butt in, but I think that the best way for him would be to go waiver route... I am not a specialist in this but know people who have gone through this. I think it is not necessary to be married to a USC to file for a waiver (you can have a USC parent). Second, you would have to go to Poland, but you can start the process here and wait till the interview in Poland to go there... again, I am not a specialist but this is what I heard. There is this attorney Lauren Scott, she is a specialist in waivers, and she has free 1 hour chats every Wednesday i believe. She answers any questions (I asked her many times). Maybe before you shell out all the money on lawyers, you can ask her for free? Just a suggestion... Just google her. I hope this helps.
 
If he decides to leave can he not just walk across the border in Tijuana / El Paso or Nogales and hop a flight to Europe ?
 
do you have any family in Poland ?Poland is the great country and member of EU -in the case you run into trouble ajusting your status you can always go back to Europe and prosper in English speaking countries such as UK/Ireland -
 
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