Michael's Notes on IMMIGRATION


I use JustAnswer.com for many things.

Here is a sad, but typical immigration/employment story courtesy of them.


Customer Question

I own a talent agency and had a very talented young man from Mexico.
He unfortunately went back to Mexico after he turned 18 to attend a music college.
He has worked with some pretty famous people here in the US that would write letters
of reference for him.
With the laws changing would he be eligible to come back to the US?
He came here when he was 8 with his parents and did not know he was illegal until
we took him to LA and got him an agent there.
They needed SS etc and he could not provide, although he did have an EIN number.
He is now 21, never been in trouble and is in a school for the Arts.
I am almost sure he crossed over with his parents illegally when he was young.
He does not remember coming to the US.
He did graduate from high school here in the US and we could provide documentation.
He has been told that he has a ten year penalty for returning to Mexico after age 18.
He is a great kid with a lot of talent.
Thanks so much.

First JustAnswer reply...

He may not have a 10 year penalty.
Did he depart more than 180 days after his 18th birthday?
Did he depart more than 365 days after his 18th birthday?


Yes over 365


Next Reply...

Oh dear, that is too bad.
He does have a 10 year bar and will not be able to get a waiver for his overstay.
And unfortunately because he left the US he is not going to be eligible for any benefit under the immigration reform law.
The Bill, currently being debated, has a requirement that the person entered the US on or before 12/30/2011 and has not departed since their entry.
The only waiver for the unlawful presence is a hardship waiver where he is able to prove a US citizen or permanent resident spouse or child would suffer extreme and unusual hardship by the separation or if they had to move to Mexico.

There is no waiver for employment. These are always difficult answers to give because we become lawyers to help people. Unfortunately, the US has some of the toughest immigration laws in the world.


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