Can people that are deported from the us by saying there us citizens can the get permit to work or live in us?

Question

a friend of mine has leaved in this country for at least 22 years, and two years ago she was deported because she lie at the check point when they asked her if she was a us citizen ,and she said yes then they ask were her paper were at she said at home so they took her in and send her back she also sign some question they has ask because they were interigating her, they she manage to cross back to these country and begain college..

i was wondering if she can still fix her papers or her green card?

Answer 1

Probably, after a waiting period.

Answer 2

I think it's a mandatory 10 year bar for misrepresenting legal status to a federal agent

but there's always the appeals process

Answer 3

All deportees have a period of time that they are banned from returning to the US. The amount of time is given to the person at the time they are deported.

So ask your friend how long she was banned. Could be 5 years, 10 years or lifetime.

Once she has served the ban she can apply to return

Answer 4

Well, it really depends on what denial code they used when they refused her entry. If indeed they found her ineligible under 6C2, then it would be a permanent bar for which no waiver is available, as noted by Knight. That would mean she would never get a visa of any kind or a green card forever. However, that isn't necessarily what they did, although they would certainly would have had she pulled out a fake passport or some other fake document as proof of her citizenship.

They could have found her permanently ineligible under 6C1 for misrepresentation and fraud. While that's permanent, she would be eligible to apply for a waiver through USCIS, which she might or might not get. But at least she could try.

Or, they might just have denied her entry and sent her back across the border. In which case there would be no permanent bar at all. However, even then, she would still be subject to a 10 year ineligibility under 9B2 for being illegally present in the US for over a year. If they formally deported that would be an addiitonal problem, but that would require a hearing before an immigration judge.

If they gave her any papers when they sent her back you should have a good look at that, because it would have the legal reason for not allowing her to enter, and then you would know for certain just how bad it is.

However, whether she can apply for a waiver or not, first she would have to be eligible for a green card based on some family relationship, and you haven't mentioned anything about that, at all. Before she can be considered for a green card, she has to be eligible for one.  

If she's serious about trying to get status, she needs to talk with a good immigration lawyer who can check things out and let her know what possibilities, if any, she may have.

Answer 5

Immigration and Naturalization Act (INA) Section 212.6.c.ii states that:

"(I) Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible. "

This results in a permenant ban, not a 10 year one. There is only one exception for which a waiver can be granted. This is defined in INA.212.6.c.ii.II:

"(II)In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation."

Long post short, she can't fix her papers. If she is ever checked by a law enforcement official, the social security agency, or an immigration officer, USCIS data will show she is banned from the country and thus here illegally.

Answer 6

She is subject to a lifetime ban for lying. If she comes back that would be a felony punishable by prison then deportation.

Answer 7

NO , if she cross back in and they catch here she might go to jail for 2 yr and she will most certainly be ban for life.

right now she will be ban for 10yr

and if she go to collage here she will get caught again.