Who has to prove a person left the country legally? 4 Answers as of April 29, 2015

My fiancée of now left the country in 2009 on a bus. Two years later I came by looking for her, her mom says she is in Mexico. Now immigration wants us to put a waiver in to admit this to settle our visa. She left but they say she didn't in time. My question is don't they have to prove she was here, the border doesn't stamp pass ports? Thank you.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of N.J. SAEH PC | Noel J. Saleh
Unfortunately, the burden to prove eligibility for a visa is on the applicant. Unless you can prove that your fiance did not have unlawful presence, then you will need to file for the waiver.
Answer Applies to: Michigan
Replied: 4/29/2015
Morales & O'Connor, PLLC
Morales & O'Connor, PLLC | Myron Morales
You could try doing a FOIA request with CBP to see if there is any record of her leaving. You have the burden of proving her lawful departure. If there is no evidence of this, you should file for the waiver and state the facts as you know them.
Answer Applies to: Texas
Replied: 4/28/2015
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
They don't have to prove anything. If they know that she came to the United States and she did not have the visa, then a waiver will be required for her not to have to spend 1, 3 or 10 years outside the United States before returning legally with a visa.
Answer Applies to: California
Replied: 4/28/2015
The Law Office Kevin L. Dixler
The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
If she was unlawfully present for more than a year after her 18th Birthday, she is banned from lawful immigration for ten years, even if she is engaged to a U. S. Citizen. If she is married to a U. S. Citizen, then the U. S. Citizen must still prove to the satisfaction of the USCIS that there is enough documentation and evidence to prove that the Citizen will suffer extreme hardship if the USC must live in Mexico for the next ten years. Otherwise, even the waiver petition must be denied. I strongly recommend an appointment with a competent, ethical and experienced immigration attorney before a mistake is made or unexpected complication emerge. An experienced immigration attorney should help you with the process. Good luck.
Answer Applies to: Illinois
Replied: 4/28/2015
Click to View More Answers: