Anyone here deported for failure to depart

[Azulolhospatricia 0]

I was just wondering if there was anyone here on the site that has been deported because they failed to previously depart? If so have you already been to your first interview and did they allow you to do the waivers?

[emt103c 10]

I was just wondering if there was anyone here on the site that has been deported because they failed to previously depart? If so have you already been to your first interview and did they allow you to do the waivers?

Deportation for failure to depart alone is not enough to make you ineligible to file a waiver. You would have had to do one of a number of other things, for example:

a. Skip a deportation hearing or

b. Reenter the U.S. after being deported without inspection at an approved POE

There are others, but these are the only ones that seem to fit your scenario of deportation. The CO's have to follow the law and this is what the law says.

[Azulolhospatricia 0]

I am not sure if he was suppose to go to court or if he had a letter stating that he had to leave by a certain time. He does not remember and I am just so stressed right now.

[emt103c 10]

That's a really tough situation and a few months ago the difference wouldn't have mattered at all. The consulates have each slowly begun enforcing a little known law saying that if you skip (without extraordinary cause) a deportation hearing, you have to spend 5 years outside the U.S. before you are eligible for the waiver. Have you run an FBI check on your hubby yet? That is one way to try to figure it out. . .it's not 100% reliable, but could be helpful in giving you a better idea of how to proceed.

Trust me, I understand feeling stressed out about things. . .it's hard when they can't give you all the information you need. How did the letter come about? The situation could help you figure it out.

[Azulolhospatricia 0]

In 2005 he entered the US I suppose it was a catch and release and they gave him a letter saying something about leaving in 60 days or something like that. I never saw the letter. We met in 2006 and I was trying to help him get everything legalized, but I was very ignorant as to immigration laws . Well when he had an interview (May 30, 2007)for what he thought was a employment authorization they detained him and said he had an order for deportation for September 12, 2005. He was detained for 3 months then sent back to Brazil. I went there to attempt to get married but the Brazilian government was on strike at the federal building. When I came back to the states I retained a lawyer and started the I129f paperwork. Our interview is for November 4. I know they will tell him that he will not be able to get the visa, but what I am not sure of is if they will let him do the waivers. i212 and i601. I just want him home so we can get married and we can be a family again. His deportation papers that I have say that it was a warning for failure to depart. I am so confused, and so tired, and I am growing weary.

[emt103c 10]

It's just too iffy. . .If I were you I would try to contact the agency named on the deportation papers to find out for certain. Since he is outside the country it doesn't really make that much of a difference, he has to go to the interview to find out for sure either way. . .hopefully he was just given an order to depart and ignored it, in which case he would be eligible for the waiver.

I'm afraid that he might have been given a notice to appear and ignored it resulting in the deportation order in absentia. . .that would make him ineligible for the waiver for five years.

[Azulolhospatricia 0]

It's just too iffy. . .If I were you I would try to contact the agency named on the deportation papers to find out for certain. Since he is outside the country it doesn't really make that much of a difference, he has to go to the interview to find out for sure either way. . .hopefully he was just given an order to depart and ignored it, in which case he would be eligible for the waiver.

I'm afraid that he might have been given a notice to appear and ignored it resulting in the deportation order in absentia. . .that would make him ineligible for the waiver for five years.

I spoke to someone else that was deported for failure to attend a court date, but he said that his wife's deprtation papers stated deported for absentia. My fiance's deportation papers just state that he was deported due to Section 8 USCIS 1251 of the Immigration and Nationality Act....I am just so confused, nervous, and scared at the same time. My lawyer said that it would take a long time to receive anything from Immigration in regards to his deportation file so I am just going to have to wait and see what happens at the interview.