What is the full process that I have to go through to return to the USA?

Question

Okay so this is what happened. I am 19 years old. I was brought to the USA illegally by my parents when I was 2 years old. So I have lived in the USA for 17 years. Life began to be very difficult for me in the states; I couldn´t get a job, I couldn´t drive and my college was really expensive. I recently decided that the best thing for me to to do, was to go back to the country that I was born (Mexico) and try to come back to the United States legally, and one day become an American Citizen. And so me and a buddy of mine, who was under the same situation decided to go leave the beautiful United States of America. So we pack our bags, and leave to Mexico on a bus. As we are in the border of El Paso, the US border patrol checks everyone in the bus that is traveling to Mexico for our documents. They ask for our passport and visa. Neither of us have it. And this is because an illegal inmigrant can´t obtain neither of these documents. So me and my buddy speak with the honest truth. The US border patrol takes us in, they get all our information including our finger prints. We speak with the truth, tell them exactly what we are doing and why we are doing it. They´r really cool with us, joke around and even give us food. They give us each a paper to sign, we read them and it apears that its a voluntary deportation paper that indicates at the bottom,¨I am voluntarly leaving the USA to one day return legally´. So we come to Mexico. Unfortunatly we came during elections, and during these elections that take around 6 months we are unable to recieve any documents needed to work in this country; credencial de elector, cartilla militar. So me and my friend have to wait until after the elections to get a job. Not being able to spend any money in this country for 6 months can really make you really dislike it. I feel as if I am an immigrant in the country that I was born in. I have diffuculty speaking the language. Its hot and dangerous in the city that im living in. I miss my friends and family that are back in the states. My parents are in the states illegaly. My siblings are US citizens. My sister is 16 and is a US citizen. I also have an uncle and an aunt who is a US citizen. My question is, what is the process that a person like me will have to undergo in order to return to the United States. Do I have to ask for a pardon? What Visa would I have to apply for? (One that will allow me to continue my studies and work while I wait for my citizenship) Will I need a lawyer? I have been raised with American beliefs, that one must always be honest and do everything the correct and legal way.

Answer 1

in order for you to return legally, you have to qualify for some sort of immigrant visa. most of these are based on petitions filed by close family members who are themselves either citizens or green card holders. how long that takes depends on your relationship to the person filing. there are employment based immigrant visas as well. you can always check out http://travel.state.gov/visa/immigrants/types/types_1326.html for information on the various types of immigrant visas to see if any look like they work for you.



however, if you left at aget 19, you have a separate problem. they don't hold you legally responsible for living illegally in the US as a child. however, once you turn 18, the law no longer considers you to be a child and does hold you responsible for remaining in the US illegally. after 6 months, you are ineligible for any visa for 3 years and after one year, you are ineligible for 10 years. there are waivers available for immigrants with a US citizen or green card holding spouse or parent in the US, but it doesn't appear that you do, since you are single and your parents are there illegally. While you sister could eventually sponsor you for a green card, she'd need to be 21 first, and even then that petition would take 16 years in the F4 category since you are Mexican. you can see this for yourself at http://www.travel.state.gov/visa/bulletin/bulletin_5692.html. so this doesn't present much of a solution any time soon.



so, for now, you're ineligible for any visa and will remain ineligible for the next 10 years from the time you left the US.

Answer 2

There are no pardons for your situation.

From what you have stated, there are no visa's you would be eligible to get.

You could try for a student visa, if you can afford the very expensive international student tuition rates. But since you were 19 years old when you returned to Mexico you will have to wait out the 10 year ban ban you will receive before any visa is approved for you.

Your last sentence is quite funny. American beliefs that you must always be honest and do everything the correct and legal way surely doesn't apply to someone who has been living here illegally for 17 years ignoring our laws.

citizenship is a very long way off for you.

Answer 3

There are basically NINE ways that you can get a visa to live and work in the US:



(1) Marriage (or engagement in anticipation of marriage) to a US citizen.



(2) You have skills that are in short supply in the US e.g. scientific or medical training. A degree is normally a must. Or you have superior specialist skills with at least 12 years experience. (H visas)



(3) You have an Employer who is willing to transfer you - but even the employer has to make a good case for you - so you have to be a manager unless you fall under category (2) above.(L visas)



(4) You may get a Green card in the diversity lottery (UK citizens, except N.Ireland, are not generally eligible unless you, your spouse or parents were born abroad or held a different citizenship.



(5)You own or buy business (does not get you permanent resident status i.e. no green card)You must be a national of a qualifying Treaty countries. The business must have a minimum value of around $150k (more the better) bearing in mind you will need somewhere to live and with any startup business you will need at least 2 years living money as back up. So a figure of $350k would be a nearer minimum (E-2 visas)



(6)You are an "investor" i.e. you have at least US $1m in assets to bring with you. half of that in a few areas. And your background will be investigated to the hilt. (EB-5 visas)



(7)You have a close relative (mother, father, brother, sister and no further) who is an US citizen who would sponsor you, approx time this take 2-12 years?



(8.The R1 visa is available to foreign members of religious denominations, having bona fide non-profit religious organizations in the U.S., for entering the U.S. to carry on the activities of a minister or religious worker as a profession, occupation or vocation



(9)THE UNUSUAL You are in a position to claim refugee status/political asylum. or You get a member of Congress to sponsor a private bill with legislation that applies just to you.

The S visa issued to persons who assist US law enforcement to investigate and prosecute crimes and terrorist activities such as money laundering and organized crime





Recruitment agent will not take you seriously if you are not already in the US. Writing for jobs is really a waste of time; likewise US employers have no idea what foreign qualification are or mean (except Degrees) it may pay you to get your qualification translated into a US equivalent, there are Companies that do this (www.wes.org) ..

But if you are getting a visa under (2) above then you need a job offer before you can get the visa. Your Employer will be your sponsor this will cost them upward of $5k. So you can see you have to be offering something really special to get considered They may also have to prove to the Dept of labor that there is no American who can do the job if the position is to be permanent ©

Answer 4

From what you said, only your sister (when she turns 21) can petition you...IF she earns enough (at least $19,000 per year for you and her....if more are included such as any children or a spouse of hers..then it will go up).



Odds of you getting a student visa are extremely slim.