QUESTION
Who has to prove a person left the country legally?
Asked on Apr 24th, 2015 on Immigration - Illinois
More details to this question:
My fiancée of now left the country in 2009 on a bus. Two years later I came by looking for her, her mom says she is in Mexico. Now immigration wants us to put a waiver in to admit this to settle our visa. She left but they say she didn't in time. My question is don't they have to prove she was here, the border doesn't stamp pass ports? Thank you.
2 ANSWERS
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You could try doing a FOIA request with CBP to see if there is any record of her leaving. You have the burden of proving her lawful departure. If there is no evidence of this, you should file for the waiver and state the facts as you know them.
Answered on Apr 28th, 2015 at 2:16 AM
If she was unlawfully present for more than a year after her 18th Birthday, she is banned from lawful immigration for ten years, even if she is engaged to a U. S. Citizen. If she is married to a U. S. Citizen, then the U. S. Citizen must still prove to the satisfaction of the USCIS that there is enough documentation and evidence to prove that the Citizen will suffer extreme hardship if the USC must live in Mexico for the next ten years. Otherwise, even the waiver petition must be denied. I strongly recommend an appointment with a competent, ethical and experienced immigration attorney before a mistake is made or unexpected complication emerge. An experienced immigration attorney should help you with the process. Good luck.
Answered on Apr 28th, 2015 at 2:01 AM