So, you have helped your family members and loved ones enter the United States illegally. Now you want to apply for your green card. Wait! You do not want to be denied your green card or your immigrant visa if you are found to have committed “alien smuggling”. I get it, you are not a smuggler or a coyote. You just wanted to be reunited with your family. We understand and have sympathy, but the US government will not and can impose a very harsh penalty if it's discovered that you assisted anyone in this way.
“Alien Smuggling” is the term given to the act of assisting anyone in any way and at any time to enter the United States unlawfully, regardless of whether that person is a family member, or whether it was done for money. If you are found to have committed “Alien Smuggling” by the US government, you may be able to file a waiver for it. I personally hate the phrase “alien smuggling", but hate it more when I hear that someone tried to get their green card at the consulate without using an attorney and they were refused their visa and had NO way to get a waiver. They were now stuck living in their country for 10 years! So sad.
Before you file for your green card or leave the US for your interview, you should consult with an experienced immigration attorney, like Gloria Cardenas and her team at Familia America.
This law is very broad and includes simply sending money to someone to pay a smuggler. The person must know he is helping someone enter illegally. If you are not aware that a person did not have legal status to enter, you don’t have the “knowledge” required to have committed alien smuggling.
Here are some examples of possible alien smuggling:
Maria went to Mexico and physically helped her younger brother, who did not have legal status in the US, cross the border without inspection.
Catalina arranged for her elderly father to enter the United States illegally. Catalina contacted a coyote to bring him and helped pay for the expenses, although Catalina was not there herself.
Jose sent money to his son in Peru specifically to pay for a coyote to help his son enter the US illegally and his son used that money for that specific purpose.
So you see “Alien Smuggling” can include prearranged plans and sending money even if you are not physically bringing the person over or being present at the border when the person attempts to enter with someone else’s documents.
Don’t panic!
Mere presence during the actual act of alien smuggling with the knowledge that it is being committed is not enough to constitute alien smuggling in most cases.
Here are some more examples:
Joseph was driving back to the US from a weekend in Rosarito Beach and a few friends piled in the car with him. He did not know that one of the people who was in the car did not have legal status in the US even though the other friends did. Mean friends. But Joseph would not have committed alien smuggling.
Merely assisting someone by sending them money in their home country without knowledge of what they are using the money for, even if they decide to use the money to pay a coyote, is not alien smuggling either.
Carlos sent his cousins in Honduras some money every month to help with bills. Without his knowing it, they saved the money and used it to cross into the United States unlawfully. Carlos should not be charged with alien smuggling because he did not knowingly fund their trip.
What if you transport someone when they have already arrived in the US and never helped them enter the US illegally? It depends, but in most situations, that is not alien smuggling. However, it is important to know that many states like Texas and Florida are trying to pass laws that criminalize this behavior, but they have NOT been successful.
Examples of when you have not committed alien smuggling are:
A person was being paid by an “employer” to pick up people in an upstate New York town and transport them elsewhere.
A person paid for a bus ticket to allow a family member to travel from El Paso, Texas to Los Angeles once the family member was already in the US
A person went to the border to pick up a friend who had already been released by a coyote in the US and did not participate in any way of bringing that friend into the US from Canada.
A limited waiver exists for the alien smuggling ground of inadmissibility. If you are both:
*If you are seeking your green card or immigration visa by a petition filed by your US Citizen brother or sister and you are charged with alien smuggling, there is NO waiver available. Very sad, but true.
*If you smuggled in your brother, cousin, grandma, uncle, niece, or friend, you are out of luck. You cannot file for a pardon.
Once a person has met these requirements, they then must convince the government to grant the waiver for “humanitarian purposes.” or to assure “Family Unity”.
The list of things includes ties to the US, like lots of family members in the US, the length of time in the US, the hardship that these family members would suffer (emotionally, financially, and physically (like being cared for), and if you are a person deserving. This means you can include just about anything to show that you deserve to be forgiven for this mistake and that you are worthy!
The good news is that most well founded waivers are approved. But before we get down this road, it is best to consult with Gloria and her team at Family America to determine if you might have committed alien smuggling and if there is a possibility to avoid the charge. If you have already been found inadmissible for alien smuggling with this, you can consult and hire us to file a waiver.
At Familia America, our experienced immigration attorneys will provide you with the best strategies to protect your rights and achieve your immigration goals. Don't wait, contact us today! Your future in the United States may depend on it.
Attorney Gloria Cardenas brings more than 30 years of experience in immigration law to help protect the rights of clients and their family members. She and her knowledgeable team at Familia America work diligently behind the scenes to help process fiancé visa applications as quickly as possible. To learn more, contact the legal professionals at Familia America in Salt Lake City and schedule a consultation to discuss your case.