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You Are a Smuggler If You Brought Your Child to the U.S. Illegally

Another heart break for immigrants who came to the United States illegally years ago and then applied for permanent residency through a relative is the fact that they could be inadmissible simply because they came to the United States with their child.  Many immigrants come from Central America or Mexico with their children because they wish for their child to have a better life in the United States.  Gangs and poverty in their home countries force parents to immigrate to the United States Illegally with their young children.

After spending years building a life in the United States the immigrant parent may be fortunate to find a sponsorship through marriage or family.  They apply for permanent residency and wait years for their visa.  When they finally receive the visa they are filled with hope and excitement.  They obtain a provisional waiver for unlawful presence and go back to their home country for the consulate interview.

Filled with hope they are told that their application is denied because they are a SMUGGLER.  What?!? How are they a smuggler?  The Department of Homeland Security defines smuggling as “encouraging, inducing, assisting, abetting, or aiding any other alien to enter or try to enter the United States in violation of the law.”  Even your own children!

Then the parent is told that not only is their application denied but that they are not allowed to return to the United States.  The parent is now “stuck” in their home country away from their family and is barred from returning to the United States.  If they decide to come back illegally then they face a permanent bar from becoming a Permanent Resident.  This situation is horrible but can be avoided.

If you or someone you know finds themselves in this situation they need to find an experienced attorney immediately.