Can my mom still get a greencard?

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punkvegita

Registered Users (C)
She was here about 18 yrs ago and she had me. We went back to brazil and returned back to the US when i was 8. My mom and two brothers came. The thing is we came back with a fake name so there would be no problem. As soon as we got here though we used our real names. The question is can my mom and brothers still get a greencard even though they came in with a fake name?
 
Immigration fraud usually carries a pretty high penalty (up to a lifetime ban). So I assume your mom is in the US right now, correct? One basic requirement for AOS is that the person is inspected and admitted legally, however I don't know if entering with a fake name constitutes a legal entry. It sounds to me like you'll need a good immigration lawyer.

Why would there have been a problem entering with your real names?
 
Why would there have been a problem entering with your real names?
she was here before so they would probably not let her in again
another info i forgot to put is my brothers are 1 yr younger then me so y would it take that long for them to get a greencard
 
If someone who's inadmissable enters using a different identity (and I'm assuming misrepresents facts about their prior visits to the US) to conceal their prior immigration record, sounds to me like it could be a big problem.

In any case, where it affects you personally is that you have to tell the truth in the I-130 petition such as "other names used" and the I-94 number that your mom arrived with, otherwise you're subject to a fine and imprisonment.
 
I missed the part where they re-entered recently. I think that falls into the non-waiverable "fraud for an immigration benefit" area. Sorry for my earlier post.
 
They(my brothers) did not re-enter recently. They entered back in 1998 for the first time. Only my mom came for the second time at the same date.
 
punkvegita said:
They(my brothers) did not re-enter recently. They entered back in 1998 for the first time. Only my mom came for the second time at the same date.
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You still have a problem. Actually, two.

Your mother, by having committed fraud for an immigration benefit, is permanently inadmissible. Your brothers, by accumulating over 365 days' of illegal presence, cannot get a Green Card since they are subject to the 10-year re-entry bar. Since they fall under FB4 they cannot adjust status in the US, but the instant they leave for the consular interview the bar kicks in.
 
Hold on though - are your brothers under 18? Then they have not accrued unlawful presence yet. But if they stay until they are 18, they'll start accrueing unlawful presence and an immigrant petition filed by you for them doesn't give them a legal status. It would probably be very beneficial for their future if they could leave before they are 18 and return in a legal status.
 
Triple Citizen said:
Question is, are the brothers willing to leave before they turn 18 only to return in their mid-30s?
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That's a good point.

It does not matter if brother accrued overstay or not at this moment, as his PD won't be ready next 10 years. But leaving before 18 is good idea(may be some miracle may happen to visa bulletin).
 
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So for the brothers, does entering with a fake name constitute a legal entry if they had nothing to hide? Looks like the mom had something to hide and their fake name was used to conceal her record.
 
austriacus said:
So for the brothers, does entering with a fake name constitute a legal entry if they had nothing to hide? Looks like the mom had something to hide and their fake name was used to conceal her record.
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Well, as minors, they did not have a choice did they? I would think you can not be judge for what your parents "forced" you to do... can you?
 
I would agree with that, but if parents enter illegally with children, the children still start to accrue unlawful presence at age 18 and my understanding is they can't apply for AOS because of the illegal entry. If Congress does anything about immigration reform, I think they should waive the legal entry requirement for minors who entered illegally. Then again, it might cause a flood of people entering just before their 18th birthday. Too complex a subject!
 
Would be interesting then which documents they use to enter if they use false names? I mean a person can use in her/his lifetime different names but your official documents are in one(or not?)// (unless you are married and acquired your husband/wife name). So if they were inspected, against what documents the inspection was made?

With the actual law does not matter if you were brought here in pampers...you can't adjust...unfortunately many kids are in that limbo right now.
 
So if they left before they acquire the 365 days as you said of illegal presence they would be ok? Could they go back to their home country and then be able to enter legally some years after that by other means? And another question they turn 18 in November, this one coming up. Would they be able to stay past that until June so they can first graduate high school and then go back? Would that still work since it would not fill the 365 days?

Edit*
Would the fact that our mother used fake names for them become a problem for them later on if they tried to return legally?
 
punkvegita said:
And another question they turn 18 in November, this one coming up. Would they be able to stay past that until June so they can first graduate high school and then go back? Would that still work since it would not fill the 365 days?
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That means they will be illegally present for over 180 days but less than 365 days, so only the 3-year re-entry bar will kick in.

Would the fact that our mother used fake names for them become a problem for them later on if they tried to return legally?
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Interesting question. How old were they? How did your mother use "fake names"? Did they enter on forged documents?
 
Ooo ok i guess its up to them to decide if they would rather finish it off here and wait 3 years or leave and then if they get the chance to come back finish off high school then

They were 7 years old, I actually have no idea of the circumstances of how she did it. I just know that that's what she did. As you might have thought she doesn't like to discuss that fact too much.
 
punkvegita said:
Ooo ok i guess its up to them to decide if they would rather finish it off here and wait 3 years or leave and then if they get the chance to come back finish off high school then
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Well, they won't be coming back using an immigrant visa anytime in the next 3 years, so they might as well finish it off.

As you might have thought she doesn't like to discuss that fact too much.
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She needs to, if this situation is to be resolved.
 
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