Legal Question in Immigration Law in South Carolina
In 1996 a young man ftrom Costa Rica and a young women from Colombia, South America both traveled to the US using different venues to get here. While still in Florida they met and sought help for acquiring proper documents to live here in the US. Unfortunately while seeking legal advice, they decided to use a very cost effective Attorney who later was convicted of using illegal methods to allow their Clients to enter the States. This couple went on to own their own business, built a house on a golf course, place their children in private schools and so on. This family became a valuable member of an upscale community. A couple of years ago, they decided to apply for full citizenship. When doing so they discovered the documents filed on their behalf years earlier were now being reviewed because the previously used Attorney was now being convicted of his crimes. The governmental agency ICE stepped in to investigate so this couple again sought advice from the leagl system as to what to do. After months of reporting to the proper authority, their Attorney advised them to go back to their native countries. Once there, they contacted their probation officer who told them their intent was to keep them on probation and not to execute a deportation order nor to convict them of criminal charges. Now they are in native country and wish to come back. Now the questions: (1) Who can they turn to for correct legal advice to help them re-enter the States properly.? (2) Is it possible for them to re-enter with their native passports? and (3) How can they determine the status of any possible charges that may or may not be pending? According to the ICE Agent, no charges are pending, but they don't want surprises at the airport.
2 Answers from Attorneys
It is difficult to say what they should do without actually seeing the proper documents regarding their case. Your best bet is to contact an immigration attorney (one with an actual law license, although it can be from any state, and one who is experienced.) I could assist you in finding out what the actual status of the case is for the people you are referring to here but I would need a signed G-28 or no one at USCIS or ICE will speak to me. I would advise against attempting to re-enter the US without knowing exactly what the status of the case is as they may, for example, have a 10 year bar based on unlawful presence. Again, without seeing all of the paperwork and/or speaking with the proper authorities neither I nor anyone else can properly advise you. Please call (866) 723 7610 if you would like a FREE CONSULTATION.
Very interesting case. I'd like to pull their records from CIS and ICE and review any all docs associated. There are some issues that present themselves regarding their return. While there was no executed deportation order, that does not mean there is not a bar to their return for having accrued unlawful presence or some other issue. As well, I'm interested to learn who or what entity would be their qualifying visa petitioner that would begin the process of filing for their return. This is not a case that will resolve quickly unfortunately as obtaining case files from CIS and ICE take some time.
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