Border Cross Visa After Being Ilegally in the US

P

pecoso

Registered Users (C)
I have a question and I hope you can answer or guide me. I've been living in the United States illegally for the past 10 years. I have never been in trouble with the law. I got married to a US Citizen and we filed I-130 petition. We received the approval notice and do not have proof to adjust status and process everything in the US without the necessity of going back to your country. This is the question. I was granted a Border Cross Visa (I don't know if it was mistakenly approved)> It WAS my understanding that individuals who are in the US illegally could not obtain Border Cross Visa for entering originally illegally. If my application was accepted in August 2009 and I obtain a Border Cross Visa in 2011 - can I adjust status? Is there another route I should take?

Any suggestions are greatly appreciated.

Thanks

Pecoso.
 
When did you get married, when did your wife file the I-130, did you enter the US legally, and when did you get the border crossing card? Are you older than 18 years and 180 days?
 
Don't you have to show up at a consulate/embassy in Mexico to pick-up a BCC (DSP-150) [either the card or visa foil in your passport]? What about fingerprinting? Wouldn't that require showing up someplace in Mexico?
 
I got married in August 2008. We filed I-130 on August 2009. I originally entered illegally in 2001. I finished high school and undergraduate at a University in Texas. I am 26 years old. I returned to Mexico about two years ago to process my visa to avoid going to Juarez. After we filed I-130, I went to Mexico for personal reasons. While in Mexico, I gave myself a chance and applied for Border Cross Visa.... One of the questions was "Have you ever been in the US - I answered YES. It was approved and now I have the border cross visa. Do you think I can adjust status in US even though at the time we filed I-130 I didn't have status? I, sometimes, think well it should only count at the time I apply for the adjustment of status. What do you think? What route I should take? If I try to adjust status, will they try to take away my visa?
 
Once you file to adjust status, they'll invalidate your visa because you have demonstrated immigrant intent. That is also true of most other visas, except dual-intent visas like H1B and L1.

You got the border crossing card because they didn't know how long you'd been in the US illegally. But when you apply for adjustment of status, they will do deeper background checks and probably will find out that you were in the US illegally for years, and that you are subject to the 10 year ban, which will lead to your green card being denied and you being ordered to leave the US.
 
They made the mistake of granting me the VISA - that wouldn't be enough? What about having an investor visa after being illegal in the United States? Let's assume I get an investor visa equivalent to $500,000 / $1,000,000. Will that be enough to adjust status and process everything through US?
 
pecoso said:
They made the mistake of granting me the VISA - that wouldn't be enough? What about having an investor visa after being illegal in the United States? Let's assume I get an investor visa equivalent to $500,000 / $1,000,000. Will that be enough to adjust status and process everything through US?
Click to expand...

No, an EB-5 must still be admissible just like everybody else.
 
I think you misunderstood. Like I said before, I am married to US Citizen for 3 years.
Assuming I obtain EB-5, I will automatically become admissible, right? I may not be admissible right know, but having such visa in my hands, I will be admissible. Correct me if I am wrong.
After being admissible, can I adjust status if I am married to a US Citizen.
Advises are appreciated.
 
pecoso said:
I think you misunderstood. Like I said before, I am married to US Citizen for 3 years.
Assuming I obtain EB-5, I will automatically become admissible, right? I may not be admissible right know, but having such visa in my hands, I will be admissible. Correct me if I am wrong.
Click to expand...

You are wrong. They won't grant it in the first place if you're inadmissible, unless it's granted by mistake. And if it's granted by mistake, they'll revoke your green card when they discover the mistake.

If you have so much money that you can qualify for EB5, why not use it to set up a good life outside the US, instead of playing cat and mouse with immigration?
 
Thanks for educating me with this stuff, you guys know more than I do. I am just trying to find a way to adjust my status - that's all.

Thank you very much to those who responded to my questions.
 
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