Morongo Reservation, CA Immigration Law Firms & Lawyers

If you went through Customs and were admitted to the US during the time to your passing through, e.g. stamp was placed in your passports, Immigration would consider you to have made an entry which would mean that you will have returned to the US less than one year after having last left the country. US Customs and Border Protection (CBP) officials could admit you on the basis of your green cards under which individuals can return to the US if outside the country for less than a year. If there were no stamps placed in your passports, you would likely not be regarded as having entered the US and you would have a problem because you are unable to legally apply for a reentry permit while you are outside the country. In that case, you may wish to return to the US as soon as possible and explain your situation to the CBP inspector at the airport. There is a good chance that he or she along with a supervisor may decide to grant you a waiver. Even if you have a problem at the airport and CBP lifts your green cards, you may still contest the actions of the officials in hearings before an immigration judge to decide your right to keep the permanent residence cards.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Yes, there is a 10 year bar for you for staying illegally in the U.S. for more than one year. Considering you have no other issues preventing you from entering the U.S., after your marriage to your U.S. citizen fiance you'll be able to apply for a waiver. If waiver is granted, you'll be able to return back to the U.S. Please note that the process described above is very complex, help of an immigration attorney is strongly advised.

I am sorry that your friend has such a big mouth. It is possible that if someone reported you to DHS, that they could try to locate you and instigate removal proceedings against you. If you are worried, which it sounds like you are, I recommend that you pay a competent immigration attorney for an hour consult. If you cannot afford that, the State Bar Association will have a local office that normally gives free or low fee consultations. I think that way a) you can evaluate if you actually have an option for a green card- which you may and b) what your risks or options actually are.