Lifetime Ban From the US - Now what

[LAS8188 0]

I have just confirmed that my fiance that is an Italian citizen has been banned from a miscommunication as he was entering into the US in 2009. Long story short, he had a student visa but it had expired. He went to the US consulate in Florence to ask if he needed an extension to go back to California to finish his classes, but was told he did not need an extention and to just go and come back every 90 days and he would have no problems. He did this twice without any worry, but on the third time was stopped in Chicago and questioned by an officer. Once the officer discovered he was half Syrian (arabic) the officer sent him off for more questioning. It was decided that he did not have enough legal evidence to show that he was to leave the states after his allowed stay and he was sent back to Italy in handcuffs. This was in 2009. Now, we have had a relationship for over a year and a half and he'd like to return to the states, but I was told by numerous american attorneys and he was just told by the consulate (without him even getting to explain his story that he did nothing wrong - he never overstayed) that he has a permanent lifetime ban to the states and will be unable to go there. I am having a hard time with this as an american citizen because he cannot even visit with me - even if we have children. No one has given me any hope. I was told by a lawyer that applying for a fiance or marriage visa would basically be wasting my time and I'm at my wits end with this and don't know what to do. I want my husband to come home with me. Most of my family hasn't even met him. It's a terrible situation and anyone that has any information as to where to turn would be greatful.

The other part? I have stayed illegally in Italy three times - the first because I was tricked by a company into staying becuase they were not paying me correctly and told me that overstaying wasnt a problem. The second basically for the same reason and the third, because I am afriad that I will be banned from the EU if they catch me. I am now trying to figure out if I can get married here before I leave so I cannot get banned. I heard this may work if we get married in a church but I haven't heard anyone confirming this - plus my fiance would have to convert to catholicism. My other option would be to go home for 90 days and then attempt to come back but I am afriad they may still catch me for my previous overstays.

Again, if anyone has any advice as to what to do in this situation, it'd be greatly appreciated!

Thank you/Grazie,

Li

[Harmon-y 32]

From what I am finding you would need a very good lawyer to make a case for you as to why he shouldn't be barred but I don't know if you can find one (looks like you already tried that avenue). If you would suffer "extreme hardship" from him being gone you can get a waiver but because you already are living in the USA and surviving they would NOT consider that. It doesn't look good I think.

More experienced VJers?

[DC85 113]

Li you posted the thread in the wrong forum.

In my view, what the lawyers told you is not true. There is a waiver for that. You need to look for experienced lawyer, who is specialized in I601. I think the lawyer should start by submitting a FOIA request to CBP in order to know all the reasons behind the ban, and then you can file I130 and a waiver. I think your problem has a solution you just need to find the experienced one. I swear a lot of these lawyers the only thing they know is filling petitions, and if they face a complicated case they tell you it's not doable. the only case that I will tell you to forget about bringing him is if he claimed to be a USC, there is no waiver for that. Try to go to a country outside Europe get married and start working on your case. Do some research and call your state immigration bar and ask for a referral.

I know in some part of Denemark you can get married if you live there for three days, a hotel booking will work

there are some lawyers who only deals with deportation and waivers, these are the ones who you should hunt for

Edited December 20, 2013 by myafi1985

[christeen 966]

Wow.. That is a Situation... Now for him... I fear he is facing the lifetime ban for misrepresentation, for,which there is not waiver... But you can certainly try to file (be prepared to shell out some $$$$ for a GOOD lawyer) any old run of the mill immigration lawyer will not help.. Perhaps others have recommendations... But you have a huge uphill battle.

Now for Italy... Are you there now? Or planning on going back? I would get married wherever you can (legal entry into another EU country) then have him apply for permisso for you to stay in Italy. A church wedding will not be performed between a non-catholic and non resident as they require classes and so forth... Check with the requirements of the commune as I married in Italy as a tourist (of course getting all the permits).

In any case... I will not belabor the fact that both of you find yourself in a romeo and Juliet situation because of your ignorance of the laws and blindly trusting others without doing your research... But own up to the errors, shell out for a GOOD lawyer and be prepared for a very very long and tough road... This will not be easy...

[Bugs 455]

Overstaying an expired visa, which is what sounds like was what happened to your fiancé, does not result in a lifetime ban. You usually get a lifetime ban for misrepresentations. So there is that.

And you can get a waiver, but you have to go through the fiancé or spousal visa process first, get denied at the embassy for the fiancé/spousal visa due to the ban, then you will be given the option of a waiver of that denial, which usually involves a lengthy and heavily documented process of proving extreme hardship of living in the US without him or moving to Italy - a lawyer is usually recommended for this stage

[Bugs 455]

Wow.. That is a Situation... Now for him... I fear he is facing the lifetime ban for misrepresentation, for,which there is not waiver... But you can certainly try to file (be prepared to shell out some $$$$ for a GOOD lawyer) any old run of the mill immigration lawyer will not help.. Perhaps others have recommendations... But you have a huge uphill battle.

Now for Italy... Are you there now? Or planning on going back? I would get married wherever you can (legal entry into another EU country) then have him apply for permisso for you to stay in Italy. A church wedding will not be performed between a non-catholic and non resident as they require classes and so forth... Check with the requirements of the commune as I married in Italy as a tourist (of course getting all the permits).

In any case... I will not belabor the fact that both of you find yourself in a romeo and Juliet situation because of your ignorance of the laws and blindly trusting others without doing your research... But own up to the errors, shell out for a GOOD lawyer and be prepared for a very very long and tough road... This will not be easy...

This is incorrect, you can get a waiver for lifetime bans from misrepresentation.

[DC85 113]

Wow.. That is a Situation... Now for him... I fear he is facing the lifetime ban for misrepresentation, for,which there is not waiver... But you can certainly try to file (be prepared to shell out some $$$$ for a GOOD lawyer) any old run of the mill immigration lawyer will not help.. Perhaps others have recommendations... But you have a huge uphill battle.

Now for Italy... Are you there now? Or planning on going back? I would get married wherever you can (legal entry into another EU country) then have him apply for permisso for you to stay in Italy. A church wedding will not be performed between a non-catholic and non resident as they require classes and so forth... Check with the requirements of the commune as I married in Italy as a tourist (of course getting all the permits).

In any case... I will not belabor the fact that both of you find yourself in a romeo and Juliet situation because of your ignorance of the laws and blindly trusting others without doing your research... But own up to the errors, shell out for a GOOD lawyer and be prepared for a very very long and tough road... This will not be easy...

This is not true. The OP is desprete and she is here to seek help, being judgmental won't offer her any help.

[Ontarkie 14,175]

~~Moved to Waivers (I-601 and I-212) and Administrative Processes (221g), from Tourist Visas - As this is much more complicated then a tourist visa question~~

[christeen 966]

I stand by my assertion that he was charged with misrepresentation not an overstay and i am not being judgmental and gave constructive advice (she needs competent legal council as well as options for her to go to Italy). This charge and deportation carries with it a "lifetime ban" ... There are waivers that they can file (but they cannot file any waivers now... they must first file for the visa, be denied THEN can try to file,the waiver) but given the circumstances this will be an uphill battle... They need to be prepared... Regardless, the need for a lawyer well versed in these cases I believe is warranted.

[Cathi 5,740]

Lifetime bans are not given for overstays, and as you state, he said he didn't overstay. You get a lifetime ban for misrepresentation. I'm not being judgemental, but there seems to be more to this story than your boyfriend is telling you. Best of,luck, and please keep us updated.

[DC85 113]

to the OP, this is a similer story to yours, Just to give you hope. Even if the waiver got denied a lawyer can fight that in Court

http://shusterman.com/newsletterusimmigrationapril2011.html#5

[DC85 113]

Lifetime bans are not given for overstays, and as you state, he said he didn't overstay. You get a lifetime ban for misrepresentation. I'm not being judgemental, but there seems to be more to this story than your boyfriend is telling you. Best of,luck, and please keep us updated.

I agree

[NigeriaorBust 4,087]

Does he have anything written in his passport ? A series of letters and numbers ?

[Ketsuban 1,034]

From the information given in the original post, it sounds like the Italian citizen was just turned away on the VWP for visiting too much? Therefore he is only banned from using that for life, not from applying for a visa. But we will need the numbers the IO wrote in his passport before sending him back to Italy (not his passport number of course)

[dwheels76 5,468]

I have just confirmed that my fiance that is an Italian citizen has been banned from a miscommunication as he was entering into the US in 2009. Long story short, he had a student visa but it had expired. He went to the US consulate in Florence to ask if he needed an extension to go back to California to finish his classes, but was told he did not need an extention and to just go and come back every 90 days and he would have no problems. He did this twice without any worry, but on the third time was stopped in Chicago and questioned by an officer. Once the officer discovered he was half Syrian (arabic) the officer sent him off for more questioning. It was decided that he did not have enough legal evidence to show that he was to leave the states after his allowed stay and he was sent back to Italy in handcuffs. This was in 2009. Now, we have had a relationship for over a year and a half and he'd like to return to the states, but I was told by numerous american attorneys and he was just told by the consulate (without him even getting to explain his story that he did nothing wrong - he never overstayed) that he has a permanent lifetime ban to the states and will be unable to go there. I am having a hard time with this as an american citizen because he cannot even visit with me - even if we have children. No one has given me any hope. I was told by a lawyer that applying for a fiance or marriage visa would basically be wasting my time and I'm at my wits end with this and don't know what to do. I want my husband to come home with me. Most of my family hasn't even met him. It's a terrible situation and anyone that has any information as to where to turn would be greatful.

The other part? I have stayed illegally in Italy three times - the first because I was tricked by a company into staying becuase they were not paying me correctly and told me that overstaying wasnt a problem. The second basically for the same reason and the third, because I am afriad that I will be banned from the EU if they catch me. I am now trying to figure out if I can get married here before I leave so I cannot get banned. I heard this may work if we get married in a church but I haven't heard anyone confirming this - plus my fiance would have to convert to catholicism. My other option would be to go home for 90 days and then attempt to come back but I am afriad they may still catch me for my previous overstays.

Again, if anyone has any advice as to what to do in this situation, it'd be greatly appreciated!

Thank you/Grazie,

Li

Head on over to http://immigrate2us.net/forum/content.php great place to discuss waivers its all they do.

For a lawyer get in contact soon as you can with Laurel Scott. http://www.scottimmigration.net/

An expert lawyer that does Wednesday online chats. use these two. There is always hope go for it.

Edited December 21, 2013 by dwheels76