View Full Version : illegal re-entry after being deported to Mexico


mercedes
08-14-2003, 03:08 AM
I was just surfin the net the other night and found this website. I couldn't believe how many people are in the same situation. My husband was deported after serving time in a federal prison. He re-entered the United States illegally and was here only a month before being arrested again! He is in a holding facility right now and has been there since May, 2003. I don't know what to do. I have contacted SOOOO many attorneys to try help him and they all say the same thing. That there is no hope for him. We have 5 kids and two of them are very sick. One has severe asthma and the other has a very rare disease called Kawasaki's Disease. It is very hard to find appropriate medical attention in Mexico and I'm afraid to live there with my children! The kids and I are American citizens but he was not. He was a Resident Alien, but now he is illegal here where his family is and there seems to be no one able to help. If anyone has any advice PLEASE let me now. Thx

toi_ama
08-14-2003, 11:50 AM
What penalty is he facing? Would it be a prison term here or just deportation again? I can't think of anything that might help you if he gets deported again. I guess you could move to a place in the US that's near the Mexican border and he could move near but on the Mexico side, and then you and the kids could cross into Mexico to spend time with him often but you'd still be in the US where your children could get good medical care. I don't know if this would work or not, but it's a thought. If he doesn't get a prison sentence here and just gets deported again, I hope he'll not come back across the border again in violation. He'd surely get prison time then.

mercedes
08-15-2003, 10:45 AM
I don't know what kinda time he's looking at right now. The present attorney says maybe 3-5 years then be deported again. But he also says that he could also just be deported. I dont know what to expect really, kinda confused since no-one can really tell me much.

toi_ama
08-15-2003, 11:39 AM
Well, did he commit a new crime while he was here other than just being here when he wasn't supposed to be? If he didn't, then maybe they'll just deport him again. If he gets prison time, though, maybe the sunny side of that is that you'd be able to visit him while he's still in the states. I hope it will work out okay for you all. I know "okay" isn't in sight anywhere, but miracles do happen and maybe something good will actually happen before it's over.

mercedes
08-16-2003, 01:49 AM
toi_ama

No my husband didn't commit any new crimes just illegally re-entered. I hope that some kind of miracle happens I do have alot of faith. I appreciate your thoughts. It helps to know that there are still some people that do still care about others!

tropical1
08-16-2003, 10:37 AM
anything is possible, i know someone who was deported in las vegas who had a drug felony. with the 1996 law that was passed any type of felons are removed especially for drugs. they were in north las vegas detention center for about a month and then deported. for my experience in vegas many who are caught again are deported. the 3-5 years for re-entry i have never seen however if they want to give him that time they will. usually the ones who committ crimes again serve some time and deported again. i had spoke to ins in las vegas last year and they stated since 911 they do not have the time to just persue a illegal that has not committed a crime. this has been my experience only. my friend was caught poss of controlled substance and given drug court which in essence put him in the system and was red flagged when ins checks for felons. his attorney should never have given a illegal drug court because ins works with the court on felonies. he spent all that money for a attorney who did not know immigration law. a attorney who knows the status of legal or not would never put a illegal in the system like that. they kiscke dhim out of drug court and deported him anyway. when illegal, immigration law has higher priority at least in the case i was familiar with.

carol

mercedes
08-17-2003, 12:27 PM
tropical1

Thanks for the input. I hope that he doesnt have to do any time. It's hard being alone with kids and all. I'm still praying for a miracle!

YOUR BABE
09-25-2003, 06:27 PM
mercedes I'm sorry to hear about your situation with your two sick, kids and your husband in prison, there are many of us going thru the same thing. where is your husband serving time? is he in a federal or state prison?my boyfriend it's now serving time also for re entry they gave him 6 years so far hi's been 1 year there already and 10% less of that time he has 4 more to gohe is now in a federal prison close to el paso texas. I also thougt he was just going to be deported and send back to Mexico but it didn't happen but than again texas state it is the worst on it;s law.sorry I can;t be much help. may god bless you!

lajoor
10-20-2003, 12:16 AM
I AM ALSO SORRY TO HEAR OF YOUR SITUATION. MY HUSBAND WAS GIVEN 41 MONTHS FOR REENTRY. I KNOW BEING CONVICTED OF AN AGGRAVATED FELONY THE FIRST TIME TO BE DEPORTED MAKES THE SENTENCE GIVEN FOR REENTRY BE WORSE. MY HUSBAND IS IN A PRISON FOR CRIMINAL ALIENS AND HE IS NOT A "CRIMINAL". IT'S HORRIBLE. THE THING THAT'S EVEN WORSE IS THAT HE WILL PROBABLY BE INADMISSABLE TO THE U.S. FOREVER AND I DON'T WANT TO MOVE TO MEXICO EITHER. IT'S REALLY DEPRESSING. I HOPE THINGS WORK OUT A LOT BETTER FOR YOU AND YOUR KIDS.

mercedes
10-26-2003, 05:16 PM
YOUR BABE THANKS FOR YOUR INPUT ! IT HELPS TO KNOW THAT I AM NOT ALONE IN THIS SITUATION. JUST HAVING PEOPLE TO TALK TO HELPS ME DEAL WITH THINGS BETTER.SO YOUR THOUGHTS ARE GREATLY APPRECIATED!

mercedes
10-26-2003, 05:22 PM
LAJOOR

THANK YOU FOR YOUR THOUGHTS. THEY ARE GREATLY APPRECIATED. ALSO WHAT DO YOU KNOW ABOUT THAT BEING INADMISSIBLE TO THE US??? PLEASE LET ME KNOW ANYTHING YOU HAVE FOUND OUT SO FAR. MAY GOD BE WITH YOU AND YOUR FAMILY! REMEMBER THERE'S ALWAYS A RAINBOW AFTER THE STORM!

mercedes
10-26-2003, 10:36 PM
I JUST FOUND OUT THAT MY HUSBAND WILL BE SENTENCED DECEMBER 4, 2003. I AM HOPING FOR THE BEST BUT I STILL HAVEN'T FOUND ANYTHING REALLY THAT CAN HELP HIM. SO I AM HOPING FOR SOME KIND OF MIRACLE, I KNOW THAT IS A LONG SHOT BUT RIGHT NOW THATS ALL I HAVE! I WILL KEEP EVERYONE POSTED ON THE TURN OUT OF THIS. IN THE MEAN TIME SHOULD ANYONE HAVE ANY ADVICE PLEASE LET ME KNOW.

bendita
11-23-2003, 05:36 PM
Hi, my husband was deported too, but we live here in Mexico, and it has been no picnic, but to reenter is a CRIME,I don{t know why so many mexicans don{t know that, the detention centers are full of mexicans that reentered, it has nothing to do with probation, it has to do with committing a crime. And.. each time you reenter if..... they somehow let him out the sentence gets higher each time. My husband is struggling with big time depression living here, but it{s better than being in jail. He never knew he would be deported, if he got caught selling drugs, he actually turned down citizenship many times, and that{s why they can deport him.......
If you have money, the medical care here can be top rate there are private hospitals, I{m sure you get ssi for your kids and with that , which you can receive through the consulate, you could live like kings here, if you don{t get ssi, get it for heavens sake....
Try to think positive, I have my life and my marriage back due to the kindness of all the Mexicans that helped me living here for 2 years before my husband got here, and the two years I lived with him behind bars here. Mexico, is a beautiful place, with incredible people who don{t judge,
VIVA MEXICO!!!!!! TRY TO LOOK ON THE POSITIVE SIDE, AND PRAY PRAY PRAY

itsizzyhere
11-23-2003, 10:57 PM
Hi Bendita, just wondering what part of Mexico you are living in? My husband is currently serving time for re-entry also and we he gets out I am planning on going to live with him in mexico too. Tired of going through this. Just wondering if you could offer any advise about living there. He's mexican and I'm mexican american, speak spanish fluently, but still a little scared about starting a whole new life over there. I think like you at least I'd have my marriage, my family, without him having to watch over his back constatnly. Anyway, I'd really be interested in talking to you. Maybe you can PM me. Thanks! :) Izzy

smplidbest
12-22-2003, 04:38 AM
here is the url for INS code laws on Re- Entry after deportaion here yoy will get the facts it might not be what you want to hear i know i didn't like what i found out but at you will be making decsions regarding what to do next with all the facts. Good Luck... I praise those of you who can make and enjoy life in mexico after living in the US. I for one could not do it.
http://www4.law.cornell.edu/uscode/8/1326.html

Houston5304
11-11-2007, 08:46 AM
Hi, my husband was deported too, but we live here in Mexico, and it has been no picnic, but to reenter is a CRIME,I don{t know why so many mexicans don{t know that, the detention centers are full of mexicans that reentered, it has nothing to do with probation, it has to do with committing a crime. And.. each time you reenter if..... they somehow let him out the sentence gets higher each time. My husband is struggling with big time depression living here, but it{s better than being in jail. He never knew he would be deported, if he got caught selling drugs, he actually turned down citizenship many times, and that{s why they can deport him.......
If you have money, the medical care here can be top rate there are private hospitals, I{m sure you get ssi for your kids and with that , which you can receive through the consulate, you could live like kings here, if you don{t get ssi, get it for heavens sake....
Try to think positive, I have my life and my marriage back due to the kindness of all the Mexicans that helped me living here for 2 years before my husband got here, and the two years I lived with him behind bars here. Mexico, is a beautiful place, with incredible people who don{t judge,
VIVA MEXICO!!!!!! TRY TO LOOK ON THE POSITIVE SIDE, AND PRAY PRAY PRAY
Too all of you gals that either moved or are still planning to move, I would love to get any update on how things are going. My time is fast approaching ie next September and I am getting a little nervous. Thanks Lois

zunigan
11-14-2007, 12:32 AM
I have read this many times before. but what I was always trying to find out was who gets charged? Because out of the 45 guys deported with my husband all had at least 2 if not 5 times being deported and none were charged with reentry. All were given lifetime bans and still for some this was the 5th time being deported.

MandyMeMe
11-14-2007, 07:43 AM
i think if you were here once before and were charged with a aggrivated felony then, you get charged with illegal re-entry. if you just keep getting caught here with no criminal charges then i think they just keep deporting you? I'm not sure about this, but it seems about right to me.

Houston5304
11-14-2007, 08:54 PM
Trust me, I have first hand or I mean, first MAN experience and RE entry is classified as an AGGRAVATED Felony, both under INS and Federal law. Do understand that INS truly lives under their own laws, not in favor of non citizens needless to say.

Luis, born in Jalisco, brought here at age 2, only knew the USA as his country. Mother died when he was 7 yrs old, father not around due to transient work, he was raised by one of his Tia's in LAX. Due to a marijuana charge at age 19 and NO one to assist him in knowing his rights and options re: immigration issues, he went ahead with his Public Defender's erroneous decision to accept a plea bargin for probation. Here is where INS differs from all other state and federal laws...ANY plea EXCEPT not guilty is interrupted as GUILTY. And ANY drug charge, is considered an AGGRAVATED felony and a DEPORTABLE crime.

And EVEN though Luis was eligible to request legal consideration for RELIEF FROM DEPORTATION, INS doesn't let that cat out of the bag during the deportation process and hearing. And so they just SIGN their little rights away and get dumped at the border. And since many are young and with most of immediate family on THIS side, ie US side of the border, they just come back over. WHICH now starts the ball rolling for Illegal RE entry.

Since this crime is under the jurisdicion of the Federal Courts, computing federal sentences factor the type of crime, the severity of crime and the number of repeat offenses to determine the length of prison term. Illegal REentry, my friends is punishable up to 20 TWENTY years in a federal prison.

The sentences for kidnapping and rape in some cases are less than for a repeat reentry crime. Don't you just feel like breaking out into a full chorus of "God Bless America, Land That I Love!!!"




i think if you were here once before and were charged with a aggrivated felony then, you get charged with illegal re-entry. if you just keep getting caught here with no criminal charges then i think they just keep deporting you? I'm not sure about this, but it seems about right to me.

mrschris
11-14-2007, 09:57 PM
wow houston, thanks so much for that info! i don't have to worry about immigration issues, but my friend does, as her fiance is in with my hubby and he is an immigrant.

Houston5304
11-14-2007, 10:42 PM
in the right direction, then all the time and struggle to become so educated on something so disgusting, wasn't in vain. I was absorbed in the search for that small needle like opening to find justice and relief from Luis' plight that after the trial and sentencing I was mentally, spiritually and physcially drained and wiped out. It is why I didn't even get online here at PTO for at least 6 months at that time.

The amazing news today we are at a 10 MONTH countdown compared to the 54 MONTH stage when I joined PTO. I truly didn't know how we would survive such a long sentence. At age 48 years back in 2004 I was no spring chicken with extra YEARS to easily justify.

And I truly am a different woman today than I was when I posted for the first time on PTO. Wow it is so true what the scriptures say, WHAT SATAN HAD MEANT FOR YOUR HARM, GOD HAS MADE FOR YOUR GOOD. Now at 52 and Luis at 36, I have a different spirit in me, one less concerned with the ticking of time and more able to rise above adversity and view it from a more subjective level.

I'm not talking "budda like" rather a sense of peace that comes from the realization that the devil may try every trick in the book to defeat your desire to be happy and live a good life, morally and with human concern for others. But Luis and I have found that with each blow thrown, ie 54 months, moving Luis from BOP 300 miles away to a CCA facility 1300 MILES away, each blow just makes us hold on to each other tighter, and with more determination to not accept the SCARLET LETTER due their legal sentence to prohibit us to be a couple in the USA.

But our happiness is out of their reach! The USA, INS, BOP have exerted their power over many aspects of our lives these past 4 years, but the didn't get our souls!! Dissappointed, yet finally we have reached the realization that our happiness isn't and SHOULDN"T be under anyone's jurisdiction but LUIS', Lois' and our real judge, GOD. When it all comes down to it, for our short time here on planet earth, we will not allow our HAPPINESS to be judged by laws of illegal reentry rather by God's highest law, TO LOVE EACH OTHER AS HE HAS LOVED US FIRST.

Mi Abuela siempre told me, AVENGE YOURSELF and go live your life and be happy and joyful! That will REALLY bug them all! Let GOD handle them, go have a wonderful life.

To each one of you my sisters and brothers that share these common events, seek happiness in the right places under the mighty hand of God.

Houston5304
11-14-2007, 10:44 PM
in the right direction, then all the time and struggle to become so educated on something so disgusting, wasn't in vain. I was absorbed in the search for that small needle like opening to find justice and relief from Luis' plight that after the trial and sentencing I was mentally, spiritually and physcially drained and wiped out. It is why I didn't even get online here at PTO for at least 6 months at that time.

The amazing news today we are at a 10 MONTH countdown compared to the 54 MONTH stage when I joined PTO. I truly didn't know how we would survive such a long sentence. At age 48 years back in 2004 I was no spring chicken with extra YEARS to easily justify.

And I truly am a different woman today than I was when I posted for the first time on PTO. Wow it is so true what the scriptures say, WHAT SATAN HAD MEANT FOR YOUR HARM, GOD HAS MADE FOR YOUR GOOD. Now at 52 and Luis at 36, I have a different spirit in me, one less concerned with the ticking of time and more able to rise above adversity and view it from a more subjective level.

I'm not talking "budda like" rather a sense of peace that comes from the realization that the devil may try every trick in the book to defeat your desire to be happy and live a good life, morally and with human concern for others. But Luis and I have found that with each blow thrown, ie 54 months, moving Luis from BOP 300 miles away to a CCA facility 1300 MILES away, each blow just makes us hold on to each other tighter, and with more determination to not accept the SCARLET LETTER due their legal sentence to prohibit us to be a couple in the USA.

But our happiness is out of their reach! The USA, INS, BOP have exerted their power over many aspects of our lives these past 4 years, but the didn't get our souls!! Dissappointed, yet finally we have reached the realization that our happiness isn't and SHOULDN"T be under anyone's jurisdiction but LUIS', Lois' and our real judge, GOD. When it all comes down to it, for our short time here on planet earth, we will not allow our HAPPINESS to be judged by laws of illegal reentry rather by God's highest law, TO LOVE EACH OTHER AS HE HAS LOVED US FIRST.

Mi Abuela siempre told me, AVENGE YOURSELF and go live your life and be happy and joyful! That will REALLY bug them all! Let GOD handle them, go have a wonderful life.

To each one of you my sisters and brothers that share these common events, seek happiness in the right places under the mighty hand of God.

mrschris
11-14-2007, 11:00 PM
WOW what a story! thank you SO much for your encouragement! you can always tell when God speaks through someone, and i can tell He is speaking to me through you. thank you so much :o

zunigan
11-22-2007, 10:36 PM
I really think that my husband and I have a stonger and better marrigae than we did when he went in. 27 months 2 brain tumors and spinal tumors have caused us both to look at life a little differently. Having to live in Mexico part of my week and then coming back here to work has not been the most fun I have ever had, but I am adjusting and so is he. We both know that for him to come back here to the usa could mean 20 years in Federal prison and we are not willing to go down that road again. Life here in different but its a life, not locked up with someone to tell you daily what you can or can not do. VIVA MEXICO!!!!! And to freedom.

times_up
11-26-2007, 01:14 PM
wow. both of your stories are so inspiring. we're just beginning our "journey" and so far, i think it's brought us closer together. he seems pretty optimistic about mexico, and i'm still a little hesitant. i'm really glad to hear that things are both working out for you.... and i hope for the same luck!

zunigan
11-27-2007, 11:13 PM
Believe me it has not been easy-and when we started I thought it would never end. But it does and for us being free in Mexico is so much better than being here in any prison. Life goes on and you just have to decide where you are going to be. I am happy to be able to see my husband at least the 3 days I do. He is bored and hates being alone but he is trying to get used to it.

times_up
11-27-2007, 11:36 PM
okay, zunigan... kinda off topic, but i clicked on your "arrived" signature and up came the info on where u live!!! that's so awesome... how did u find that link and where might i find other links to different areas!?!

countingdayz
12-06-2007, 08:02 PM
Wow Houston your post really hit home I agree 100% that "what satan had meant for our harm, God has made for your good" I never thougt in a million years that I'd end up living in Mexico but I realize that God knows what is best for our lives and if he belives that we will be better over there then I'm all for it. Of course it will take some adjusting but what price does freedom have I mean over there my husband can be a free man without having to constantly look over his shoulder and worry if today he will be caught for illegal re-entry, it's just too much risk for him to come back here. Zunigan my husband also gets bored since I'm not there with him yet, I wont be moving until next month so for now he is working full time for his cousin who has a business there and that keeps him busy, it was hard when me and the kids visited him last month and had to leave him but soon we will all be together again and that's what keeps us going.

zunigan
12-06-2007, 10:11 PM
I don't live in the area that comes up on my arrived signature, I live east of Tijuana in Otay Mesa. Its about 15 minutes from the second border crossing off the 905 freeway. We plan to move some where else when I retire in 5 years, border towns are not so great. Too many people, traffic, trash.

times_up
12-06-2007, 11:34 PM
sooo... would u not recommend it if it were a permanent place?

zunigan
12-07-2007, 06:48 PM
If you like traffic, to many people and trash then its great. But I hate the hills, dirt roads and when it rains watch out, everyone slips all over. I love Mexico but I know there are nicer places to live. I am only here unitl I can retire in about 5-6 years and then we plan to go some where else and live. Right now now sure where.

Houston5304
12-30-2007, 03:06 PM
We of course want to be safe, (especially for me the little rubia gringa) ie staying away from heavy crime areas such as border towns and large metro areas like Mexico City. Second, we need to be somewhat close to an airport that allows me to go back and forth to Dallas since I own a landscape design firm and that will be are major source of income for a couple years at least.

However the next MAJOR consideration I believe is where Luis can find the best type of work that he LIKES and WANTS. I want him to be happy and motivated in his work. That to me truly is our best shot at a happy and contented life together. And it is the best safeguard from trouble and problems.

We want to start an export business to the USA of products for the landscape industry since I am heavily involved in this area. But that takes time hence the need for immediate work for Luis and my need to continue to go back and forth. We will probably rent an apartment or small house for the first 6 months while we are getting settled, then buy a small home that has the potential of being a good property to lease out for additional income once we build our "dream home".

Our dream home will be our "fun project" together on weekends. To find the right piece of land, to design the home we truly want with its landscape and materials. After purchasing the land we will construct a small cabin to stay in while we are building the home. It may take up to five years to do, but it is worth it and should be alot of fun for us while we do it.

This plan was SO important for us, especially due to the heartache of not being able to continue living in the USA if we wanted to be together and never have to go through what we have had to due to all the legal issues regarding immigration status.

While it is one of my biggest goals to somehow work with an attorney to finally sort out the past errors that caused Luis' illegal status in the US, it is so important to move forward in finding the GOOD in living in Mexico. And who knows, just maybe after it is all said and done, neither one of us will ever want to live in the US in the future.

So the real loser in the final analysis will be the USA, and not us. Good luck to everyone here in a similar situation. Make whatever life you have been dealt, a GOOD ONE.

zunigan
01-10-2008, 11:13 PM
Thats what we are doing. 8 months now and I am starting to understand how it al works. I do not get upset anymore when the bills don't come, I just know when they should come and go down and pay them. I keep track of how long I have had my gas and am getting pretty good at knowing when its getting low. I have a back up stove with butane to use if its on a sunday night. I have small heaters to keep us warm, and we have cable. I got my husband a puppy and he loves it, when I am gone I know he has something to worry about other than himself. We just bought all his gear for tree trimming and landscaping which is one thing he did here. I made buisness cards for him and has passed out alot. He is starting to get calls for work.....and this makes him happy. I love to cook for him and take care of our house. He has done so much to make it good for me. Its hard being away from him for the 4 days but I know I have to contiune to work until he gets this going well. We have found so many nice places to eat, many just like here and have met many nice people. We know we have to lock our gates and doors and we have security doors also. But we now see the good here, and not just the bad, and we are over feeling sorry because he cannot be in the usa ever again. His aunts and cousins visit and we have had a few of his friends and family on their way to the usa stop and spend a few days with us. If I could retire today I would and move full time down there. I would only come up here to visit my family once in awhile and thats it. I can;t say I love it but I am adjusting and so is my husband. So I guess this is the life we have been dealt and we are on our way to making it the best we can!!!!!!!!!!!!