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Question -
Thanks for giving us the opportunity to ask questions. My friend was caught at the border attempting to come in to the U.S using someone else's documents. She is now married to a U.S Citizen and she wants to know if she can get a immigration background record to see if she would be eligible to legalize her situation through her marriage. What would be the process to obtain such records and is it possible to legalize her situation?
Please advise. Thanks

Answer -
What happened when she was caught- was she fingerprinted? Arrested? Sent back? If she was sent back - how did she get back in?

She can get a copy of the non-classifed portion of her Immigration file by filing form G-639 which is available from the Immigration website at If she did not make a legal entry she can not legalize herself under the current laws. Her only option would be to process the immigrantv isa abroad, but if she left she would have to get 2 waivers approved before coming back. One for the faud in her previous entry and one for the 10 year bar for illegal presence.



Thanks for your prompt response. She was fingerprinted and "voluntarily" sent back to Mexico. She did not claim to be either citizen or resident. They did not ask her. They just questioned her about who she was and they found out that she was not the one in the papers (she never saw the papers used). Can she apply under the I-130 and file the i-485 and legalize her situation at the consulate when her appointment comes or does it depend on how the detention was recorded in the immigration records? When she came back, she entered without inspection (she walked for 3 days and wasn't detained across the border this time)
Please advise and Thanks again for your prompt response.

She does not have a "legal entry" and therefore can not file I-485. Her husband can file an I-130 with the Service Center and try to process the case through the Embassy in Mexico. She will need to get 2 waivers - one for the 10 year bar she is subject to for her illegal time here and one for the fraud she tried to commit on her previous entry. This will be a very hard case to get approved and she may end up spending 10 years abroad before getting back, if they deny either waiver. Becaue you said she was voluntarily sent back adn not ordered removed, she does not need a 3rd pardon for being removed.



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Robert Hollander<B> Esq.</B>



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