Dual nationality

[Ivol]

I’m originally from Mexico, I crossed illegally to the US in 2007, when I was 17 years old, in the first try, we got caught and deported back, immigration officers got all my info and fingerprints; we tried again a week later and were able to cross, I lived in the US for 8 years. During this time I got a speeding ticket, and a fine for driving without drivers license. I tried to do a normal life, I opened a bank account I worked and even paid taxes with a **** social security number.
Finally, In 2015 I decided to leave the US for good.
I’m currently living in Spain, been here since 2015. I hold dual citizenship, Mexican and Spanish. The country it’s been good to me and I feel stability here.
My question is, Is there any chance of getting a waiver and come back to the US with the ESTA to visit my friends and family or Am I banned for good?

I want to do things good this time? Anyone with a similar situation?

best regards.

[newacct]

If you were "removed" and then entered the US illegally again, you have an INA 212(a)(9)(C) ban, which is a lifetime ban. I am not sure if what happened to you the first time counts as a removal. In addition, you also have a 10-year ban under INA 212(a)(9)(B), for accruing more than 1 year of unlawful presence and then leaving the US, and this ban would end in 2025. In theory, you could try to get a nonimmigrant waiver for these bans, to enter the US as a visitor. You would not be able to use the Visa Waiver Program; you would have to apply for a B2 visitor visa at a US consulate. If you are denied for immigrant intent (which is likely), there is nothing you can do other than apply again later. If you are not denied for immigrant intent, and denied only due to the bans, and if the visa officer recommends you for a waiver, they will let you know the steps.

[Ivol]

Thank you for your response.
For what I’ve been researching I believe I can apply for the I-192 waiver. I don’t know if this is a procedure a person can do on their own by going to the US embassy or you need an immigration lawyer to help you with it.

Thanks in advance!

[newacct]

For what I’ve been researching I believe I can apply for the I-192 waiver.

No, you cannot. I-192 can only be applied for by Canadian citizens, who are exempt from needing most nonimmigrant US visas. As a non-Canadian citizen, you need a visa or the Visa Waiver Program to enter the US. I-192 is not applicable. You cannot file I-192 to apply for a waiver for VWP; the I-192 page says:

If you are seeking admission under the Visa Waiver Program (VWP) under INA section 217, you cannot file this form. Instead, you must apply for a nonimmigrant visa at a U.S. Embassy or Consulate for authorization to travel.

[smith54]

Dual nationality, also known as dual citizenship, refers to the legal status of an individual who holds citizenship in two different countries simultaneously. This means that a person is recognized as a citizen by both countries and enjoys the rights and responsibilities of citizenship in each of them.

Here are some key points to understand about dual nationality:

1. Acquisition of Dual Nationality: Dual nationality can occur in various ways, including:

• Birth: Some countries automatically confer citizenship to individuals born on their soil, even if their parents are citizens of another country.
• Descent: Citizenship might be passed down through parents or grandparents, allowing someone to inherit citizenship from multiple generations.
• Marriage: In some cases, marriage to a citizen of another country can lead to acquiring their citizenship.

[usmanr000]

Dual nationality, also known as dual citizenship, refers to an individual being a citizen of two countries at the same time. This means that a person can hold the passports of and enjoy the rights and privileges associated with two different countries. Key Points about Dual Nationality:

**1. Acquiring Dual Nationality 8171:

• By Birth: Some countries automatically grant citizenship to individuals born within their territory, regardless of the nationality of the parents.
• By Descent: Citizenship might be obtained if one or both parents are citizens of the country.
• By Marriage: Some countries grant citizenship to spouses of citizens after a certain period of marriage.
• By Naturalization: Some countries allow foreigners to apply for citizenship after residing in the country for a specific period and fulfilling certain criteria.

**2. Rights and Responsibilities:

• Rights: Dual citizens usually have the right to live, work, and vote in both countries. They also enjoy the protection of the laws of both countries.
• Responsibilities: Dual citizens are typically required to obey the laws and pay taxes in both countries.

**3. Benefits:

• Travel: Dual citizenship can make international travel more convenient as one can choose which passport to use based on the destination and potential visa requirements.
• Social and Economic Benefits: Dual citizens can access social services and economic opportunities in both countries.

**4. Challenges:

• Legal Issues: Some countries have restrictions on dual citizenship. It's essential to understand the laws of both countries to avoid legal complications.
• Taxation: Dual citizens may have to pay taxes in both countries, although double taxation treaties can help alleviate this issue.
• Military Service: Some countries require mandatory military service for citizens, which can be a concern for dual nationals.

**5. Renunciation:

• Some countries require individuals to renounce their previous citizenship when acquiring a new one. Others allow citizens to hold multiple passports without restrictions.

**6. International Treaties:

• Some countries have bilateral agreements allowing dual citizenship, which can facilitate the process for individuals.

Important Considerations:

• Consultation: It's crucial to consult legal experts or embassy officials to understand the specific regulations and implications of dual citizenship in the countries involved.
• Laws Can Change: Citizenship laws are subject to change, so it's essential to stay updated with the latest regulations.

Dual nationality can offer numerous advantages, but it also requires careful consideration of legal and practical implications. Individuals considering dual citizenship should research thoroughly and seek professional advice before making decisions.