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  1. #1
    Join Date
    Nov 2007
    Posts
    4

    Default Visa Waiver Deportation and Re-Entry After Marriage to a U.S. Citizen

    Hello,

    My husband and I just got married in September. We originally met online. Then he came to visit me from Portugal on a Visa Waiver Program. He first came in April, then before 90 days expired he left to Portugal and returned 2 weeks later. After 6 months we decided to get married: not only that we love each other but we wanted to make the process of him staying in the U.S. easier. Unfortunately, we didn't file any forms right after the marriage... and 2 weeks ago he was crossing state lines with a friend and got detained by the border patrol: he overstayed his I-94W expiration date by 3 days and we have not yet filed the petion for Alien Relative (i-130). Then he was taken to a processing center and then county jail due to overcrouding.

    Day later I found an attorney who told me he would get my husband out of jail on bond at the time of the hearing. I thought the nightmare would be over
    in 2 weeks. The attorney made me fill out the I-130 petion (which was a separate charge but we didn't include passport pictures of my husband, which i fear can be a problem - but he is in jail). Will this be a problem?

    A day before the hearing (nearly 2 weeks later) my attorney told me that due to the fact my husband entered on Visa Waiver Program (which we told them from the begenning) he is not eligible for hearing and ICE filed a motion to terminate the hearing procedings. Which is what happened. So my husband is getting deported and we are praying that his removal will be quick as a conditions in the jail he is held , in my opinion, require a UN inspection. They will not let him see me in person (only video visitation) and although he has a paid return ticket they do not want to allow him a volantary departure. I am very very upset. And in addition to all this I feel I was misrepresented by our attorney, who raised our hopes and then such a stab in the back. I am thinking of fighting the attorney for refund. They never even went to visit my husband in jail. There was no bond hearing (for which I paid 2500). Attorney told me that he can get my husband back on a K2 visa within 6 months... I checked and K2 visa seems to be a visa for a child... How can I possibly trust this lawyer anymore... Neglegence, greed and ignorance that we didn't deserve...

    My understanding is we will need a different visa for my husband to re-enter the country. He now must come as "my husband". Will he be able to re-enter the US? His overstay was only 3 days and no criminal activity. We didn't have the intent to get married at first so, he didn't plan his immigration in advance when he came to visit. And we got married in USA... K1 and K3 visas seem to only work if the marriage took place outside of the USA. Can someone please give some idea what to do...

    I really appreciate any advice on the matter. Please Please Help!

    Jessica

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Visa Waiver Deportation and Re-Entry After Marriage to a U.S. Citizen

    There's something about this situation either you don't know or haven't told us. For a three day overstay, the USCIS isn't apt to invest in deportation proceedings when the person is willing to voluntarily depart. What is the exact ground being alleged against him as a basis for deportation?

  3. #3
    Join Date
    Nov 2007
    Posts
    4

    Red face Visa Waiver - Deportation

    I married my husband who came to the US on a visa waiver from Portugal. We got married in September because we love each and I didn't want him to go back and forth, as it was his second time here. But before we had a chance to file the I-130 & I-485 papers he was crossing state lines with a friend and border patrol detained him. He has no criminal history and just a young 23 year old guy. He is in jail for over 3 weeks awaiting deportation. Visa Waiver made him ineligible for hearing and ICE is being extremely harsh. His overstay was only 3 days. I am his wife and a US citizen. I have filed the I-130 petition for him (which got rejected because the attorney sent it to the wrong location - but we will resend it)

    My question is: The overstay was not long but the visa waiver apparently makes it worse than if he just had a regular tourist visa. How long will he be banned from re-entry? Do I need to file I-212 waiver and what are the chances that it will approved? I know he has to come to the US now as my spouse on K3 visa but I have no idea how the ban affects the K3 Visa process and what steps I need to follow.

    Can someone help me with any information please? I am very desperate and sadly I hired an incompetent attorney who I am firing for causing us even more hardship.

  4. #4
    Join Date
    Nov 2007
    Posts
    4

    Default Re: Visa Waiver Deportation and Re-Entry After Marriage to a U.S. Citizen

    I swear there are no grounds whatsoever... He first came to meet me in April and left before his 90 days has expired, then he returned in late July and in September we got married. We were planning to file all the papers to change his status (I-130) and (I-485) but on his way from San Diego (he went with a friend to help him bring some of the artworks back to Phoenix, AZ). He was detained and is still in jail. ICE filed a motion to terminate procedings at his scheduled master hearing and he is up for deportation some time next week after a month of being in the county jail. Their reason is "Visa Waiver Program is an honor system and since we haven't filed the I-130 he is ineligible for a hearing and his only way out is forced deportation despite the fact he has a paid return ticket"... at least that is what our attorney told us. I don't understand any of this either. And no, there is absolutely no grounds. He is a Portugese citizen and never had a criminal record in his life. He never broke any law neither in his home country nor here, He is 23 years and I am 25. He has dark features and a beard... maybe that's why...


    How did our country become so evil and fashist??? I just sit at home alone and cry because I feel helpless and I don't understand why all these things are happening. And thank you for letting me express my pain. If you have any advise please help.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Visa Waiver Deportation and Re-Entry After Marriage to a U.S. Citizen

    Your boyfriend has a lawyer; he should discuss his options with his lawyer.

  6. #6
    Join Date
    Nov 2007
    Posts
    4

    Default Re: Visa Waiver Deportation and Re-Entry After Marriage to a U.S. Citizen

    He is not my boyfriend. He is my husband. And I am firing our lawyer and getting a new one.

  7. #7
    Join Date
    May 2010
    Posts
    1

    Default Re: Visa Waiver Deportation and Re-Entry After Marriage to a U.S. Citizen

    So, now that sometime has passed... What happened?

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