ImmigrationINFO ...Immigration News For Our Community

ImmigrationINFO …Immigration News For Our Community

Jun 07, 2015 News

Back-track is NOT the Right-track into the United States

By Attorney Gail Seeram

Many immigrants see coming to the United States as an opportunity to escape poverty, crime, and abuse and to seek a better life. With tourist visas issued at a low rate, many seek entry into the United States through “back-track” or illegal entry.
Some immigrants choose to enter the U.S. by land and foot through U.S. land borders or ports of entry such as Arizona, California, Texas and Canada. Others try to enter the U.S. by air with a photo switch passports or use a United States citizen’s passport to gain entry into the United States.
The people who get paid to make these “back-track” arrangements would often sell you a dream and tell you that your illegally entry will be undetected by the United States immigration authorities. However, since 9/11, the United States has toughened its ports of entry at the airports and at the land borders.
Many immigrants trying to enter with someone else’s passport or a photo switch passport (removing the photo of the passport holder and replacing with the immigrant’s photo) are in most cases apprehended by U.S. immigration, detained and returned to their native country. Before the immigrant is removed or deported back to their native country, their fingerprints are recorded and they are charged and convicted of fraudulent misrepresentation to gain entry into the United States and/or false claim to U.S. citizenship (if attempting to enter with someone else’s U.S. Passport).
The removal/deportation of the immigrant means that he/she will never be able to obtain a tourist visa (B-2) or immigrant visa/green card if he/she tried to enter with someone else’s U.S. passport. If the immigrant was charged with fraudulent misrepresentation, then there is the option of possibly filing a 212(i) waiver if the immigrant later wants to seek an immigrant visa/green card.
There are tough consequences for trying to enter the U.S. “back-track” – my advice is to seek the advise of an immigration lawyer to get options to enter the U.S. on the right-track. Sometimes the wait for an immigrant visa or immigrant petition filed by a family member is 6-12 years and many immigrants can’t wait and choose to enter the U.S. “back-track”.
Trust me; just wait the time out, because “back-track” entry will mean you will face a lifetime ban of ever returning to the United States.
Lastly, “back-track” entry also means you are considered to have entered without inspection or without a visa, and if you enter undetected by U.S. immigration authorities, you will NOT be eligible to file for a green card or permanent resident status in the U.S. – even if you marry a U.S. citizen.
Back-track is not the right-track into the United States, because it means a lifetime ban from returning to the U.S. if you are caught and no possibility for obtaining a green card in the U.S. if you are not caught at the border.

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Question #1: My uncle decided that he wanted to help me go to America. I was 18 years old and my parents and I assumed that it was a chance for me to have a better life. They made arrangements with some local people here in Guyana and I was taken to the airport and I boarded a flight to Miami. Upon reaching Miami I was held up and taken into custody because I was using a U.S. passport and I looked younger than the person in the passport. I was detained at the airport and was put on the next flight back to Guyana. I was advised by officers who processed me that I will be forbidden to enter the US for a five-year period. I started doing some research and I learnt that I was ineligible to enter the US for the rest of my life. Is this correct?

Answer #1: Yes, you face a lifetime ban from ever returning to the United States and you are ineligible for a waiver, because you made a false claim to United States citizenship by using someone’s else passport to seek entry into the U.S. Unfortunately, you fell victim to the “back-track” entry and now face lifetime consequences. Even if you are married to a U.S. citizen, you will not be eligible for an immigrant visa/green card or a tourist visa.
Question #2: Back in 2002, I entered the United States by using someone else’s Guyana passport and the photo in the passport was switched so my photo appeared in the passport. The officer at the airport did not detect I was using someone else’s passport and allowed me in the U.S. The people who gave me the passport took it away from me as soon as I entered the U.S. Now, I am married to a U.S. citizen but have no proof of my entry. How can I file to get a green card or permanent resident status in the U.S.?
Answer #2: Since you do not have a passport with an entry stamp or a visa to enter the U.S. you will not be able to adjust your status in the U.S. to that of a permanent resident/green card holder. The only exception to this rule is if you had an immigration petition (I-130 or I-140) filed for you before April 30, 2001. If yes, then you may be able to get a green card in the U.S. through an old immigration law (INA Sec. 245(i)) but you will have to file a waiver for the fraud committed by entering with someone else’s Guyana passport.

For more information, contact Gail Law Firm:
Phone: 1-877-GAIL-LAW or 407-292-7730
www.MyOrlandoImmigrationLawyer.com
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