ImmigrationINFO: Back-track is NOT the Right Track into the United States

Apr 28, 2019 News

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 passport 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 illegal 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 they 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 advice 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.

Attorney Gail Seeram, LL.M., J.D., BBA
call | text | WhatsApp 407-292-7730
email: Gail@GailLaw.com
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Copyright © Law Offices of Gail S. Seeram, 2019. All Rights Reserved.

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