Illegal Stay

I entered the U.S. as a minor (16 years old) in 1989 and went to high school and college in the U.S. After graduation I decided to regularize my situation, so I returned to Mexico in 2005 and applied there for a visa. I was, instead, impossed a bar of 10 years (until 2015) in order to be re-considered.
In the meanwhile I have lived in Germany with my wife and children (my wife has never been in the U.S illegally). Since then I also acquired German citizenship. My two children (3 years old and 6 months, respectively) have German citizenship. So, all of us are German citizens.
We want to homeschool our children, but in Germany that is not allowed. Due to the present violence in Mexico, moving to Mexico for this purpose is not a choice for us. My question is twofold: Can I re-apply for a waiver? While at the U.S. consulate I was denied that because they thought I intended to stay in the U.S. That was not my intention at that time. All I wanted to do was attend a professional conference about librarianship. At that time the idea of homeschooling our children was not in our minds. Basically I just want to gain access to the U.S. A lot of the conferences about librarianship I would like to attend take place in the U.S. Is political assylum a possibility for us as Germans? I know of a recent case where a German family was granted assylum. I work for a U.S company as an independent contractor and continue to pay taxes to the IRS even after I left the country. As a librarian, the NAFTA allows for professionals to immigrate in case the are hired by a U.S. employee, but again the 10 year bar prevents me from any options I have.



Phil's picture

10 year Bar, waivers and asylum

Thank you for posting your question. I am not an expert on waivers of inadmissibility and there are many other factors that can affect the availability of waivers which are not addressed in your post. However, generally speaking, a waiver of the 10 year bar is only available to those applying for immigrant visas and who are the spouse or child of a U.S. Citizen or lawful permanent resident. So, unless your spouse is a lawful permanent resident or citizen of the U.S. and you are applying for an immigrant visa there is likely no waiver available to you.

Regarding your question about asylum, I have never handled an asylum case in my life so I know very little about those matters. However, I can tell you that in order to obtain asylum in the U.S. one must show a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. This is a very difficult standard to meet and I would be surprised to learn that any German citizen had been granted asylum in the U.S. since the end of World War II (or in the case of East Germany, the fall of the Berlin wall.) Since you are German citizens and live in Germany I don't think you could apply for asylum on the basis of your Mexican citizenship. Although, (this would not apply to you) there have been recent cases of Mexican nationals being granted asylum in the U.S. as a result of the recent violence and escalating drug war; whereas, Mexican asylum cases were previously very rare. The recent Mexican asylum cases (if I recall correctly) involved Mexican journalists who were being persecuted and threatened with death as a result of their reporting on the drug cartel violence.

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