over stay of Visa Waiver - finance` now in custody 7 days

[BethandBilly 86]

Thank you.... so much. Anything and everything is worth a try. I just am trying to keep him on US soil.. I just am worried if he is out...of the country, that they wont let him back. I will give him a call... hopefully he is around Michigan. Thanks again.

I've been thinking about this since I woke up this morning and I sincerely feel for you. Is there any way you can get proof that you tried to change the ticket, did you get anyones name?

On a VWP if you overstay you are not allowed to enter the US on a VWP again, but you can get a visa. If he does go back to Belgium and chooses to apply for a visa he is going to need to show proof of strong ties to his country etc. Btw Belgium is beautiful as you probably already know.

I hope you get a good attorney as they really have cracked down on VWP overstays. Is he close by you, can you go visit him? How is he holding up, are you able to take him things?

Now you have an alien (thats what I called my son) onboard you need to take good care of yourself, try to stay calm and eat anything ginger to help with morning sickness if you have any. Most of all get yourself a damn good lawyer and don't give up

[Nina and Erwin 16]

I've been thinking about this since I woke up this morning and I sincerely feel for you. Is there any way you can get proof that you tried to change the ticket, did you get anyones name?

On a VWP if you overstay you are not allowed to enter the US on a VWP again, but you can get a visa. If he does go back to Belgium and chooses to apply for a visa he is going to need to show proof of strong ties to his country etc. Btw Belgium is beautiful as you probably already know.

I hope you get a good attorney as they really have cracked down on VWP overstays. Is he close by you, can you go visit him? How is he holding up, are you able to take him things?

Now you have an alien (thats what I called my son) onboard you need to take good care of yourself, try to stay calm and eat anything ginger to help with morning sickness if you have any. Most of all get yourself a damn good lawyer and don't give up

Thank you for your thoughts... sorry that it stuck with you this morning. =) I really appreciate the kindness, and the help. He is sort of close about an 1 hour away. Better then Belgium!! I'll take it! =) He is doing ok, scared, mad that he will be leaving his child behind. But he tries to stay in good spirits like he got down on his knees during the visit and did the whole PLEASE MARRY ME!! Of course everyone either got tears or cheered. I just want him home. This is his home.

The little alien lol... is taking alot out of me, that is for sure. I will try the ginger... cause lots of morning sickness. It's always money when it comes to lawyers.. lol and lots of it. This was not supposed to be this expensive. lol. Maybe he can find a way to keep him here. I hope so... thank you again.. I will keep you posted if you want. Have a good day. =)

[BethandBilly 86]

Thank you for your thoughts... sorry that it stuck with you this morning. =) I really appreciate the kindness, and the help. He is sort of close about an 1 hour away. Better then Belgium!! I'll take it! =) He is doing ok, scared, mad that he will be leaving his child behind. But he tries to stay in good spirits like he got down on his knees during the visit and did the whole PLEASE MARRY ME!! Of course everyone either got tears or cheered. I just want him home. This is his home.

The little alien lol... is taking alot out of me, that is for sure. I will try the ginger... cause lots of morning sickness. It's always money when it comes to lawyers.. lol and lots of it. This was not supposed to be this expensive. lol. Maybe he can find a way to keep him here. I hope so... thank you again.. I will keep you posted if you want. Have a good day. =)

When the baby starts to move, it looks and feels like an alien invasion hahaha, but it's a fantastic feeling.

Are there any charities around where you are, catholic charities that may be able to help with the immigration lawyer stuff? Phone round some lawyers too, they should be able to give you a free consultation.

Keep your chin up and keep fighting

[Boiler 45,525]

The quickest solution would be moving to Belgium, and they have health care.

[Kevin&Jessica 3]

Thank you.... so much. Anything and everything is worth a try. I just am trying to keep him on US soil.. I just am worried if he is out...of the country, that they wont let him back. I will give him a call... hopefully he is around Michigan. Thanks again.

he is actaully based in cleveland oh ..... but he can go to any state he came to florida to finish up my last interview as we moved lol .. i dont know any laywers in michigan wish i did so i could recommend someone i jsut know tom would fit very well for this case .. he likes a challenge lol

[Deputy Purple 1,294]

Let's see;

His overstay is less than 180 days, right?

He has no "Petition-able Relationship" at the moment other than Fiancé, right?

Since his overstay doesn't incur any ban other than his ability to use the Visa Waiver Program again and he does have an unused airline ticket from the US to Belgium...

Why doesn't he opt for Voluntary Departure in lieu of being deported?

The advantages:

1) Smaller blemish on his immigration file.

2) Avoids being deemed as inadmissible so there should no need for a waiver at interview time.

3) Gets him out of detention and on the plane ASAP.

Then you can file for K-1 ASAP and get the ball rolling.

Someone else please tell me if I'm missing something...

Edited July 7, 2010 by Bob 4 Anna

[JD63 4]

Nope, that's what I can't figure out. Why on Earth wouldn't he voluntarily go back?

I guess if you get an excellent lawyer you might be able to do something, but I'm not sure what grounds that would be.

Edited July 7, 2010 by JD63

[momof1 205]

Nope, that's what I can't figure out. Why on Earth wouldn't he voluntarily go back?

I guess if you get an excellent lawyer you might be able to do something, but I'm not sure what grounds that would be.

The quick answer to that question is because VWP entrants are subject to removal without judicial review. This means that under most circumstanes there is no chance to ask for formal voluntary departure. Also, VWP entrants are not entitled to removal proceedings but they are entitled to asylum only proceedings.

As the previous commenter said, as long as the overstay is less than 180 days there is no ban. However, if he is deported there will be a ban. This ban can be easily forgiven with the filing of a 212 waiver. There is no hardship standard as required with the 601 waiver and it is based more on positive factors outweighing negative ones.

[emt103c 10]

I have not read all five pages yet.

1. REQUEST VOLUNTARY DEPARTURE and have him leave as soon as is possible.

If he leaves before 180 days of overstays and manages to get VD, he will not need a waiver and can be approved same day for his visa. HURRY!

2. If he does get deported, you can decide to get married first or just file the k1 . . . .once you have a receipt notice, file the I-212 at the area over deportation. If they are processing simultaneously, you save a LOAD of time.

Always consult an attorney!

[Nina and Erwin 16]

I have not read all five pages yet.

1. REQUEST VOLUNTARY DEPARTURE and have him leave as soon as is possible.

If he leaves before 180 days of overstays and manages to get VD, he will not need a waiver and can be approved same day for his visa. HURRY!

2. If he does get deported, you can decide to get married first or just file the k1 . . . .once you have a receipt notice, file the I-212 at the area over deportation. If they are processing simultaneously, you save a LOAD of time.

Always consult an attorney!

I keep trying to figure out what this comment means? " manages to get VD" What is " VD" ??? I am sorry .. I have played that over and over in my head.. have no idea what that means.

[Nina and Erwin 16]

The quick answer to that question is because VWP entrants are subject to removal without judicial review. This means that under most circumstanes there is no chance to ask for formal voluntary departure. Also, VWP entrants are not entitled to removal proceedings but they are entitled to asylum only proceedings.

As the previous commenter said, as long as the overstay is less than 180 days there is no ban. However, if he is deported there will be a ban. This ban can be easily forgiven with the filing of a 212 waiver. There is no hardship standard as required with the 601 waiver and it is based more on positive factors outweighing negative ones.

Going to see the attorney today... at 4:30pm ( it's 243pm now) Bitting my nails. Talked to DHS and they say his travel pack has already been requested. He is GOING!!! NO MATTER WHAT!!!! So i have requested formally in writing if i may be able to marry him there ( in the facility) before he leaves. But DHS says that the Director of the facility would have to approve it.. and that could take up to 30 days which we don't have. Or at least that has been the indication that he will probably be on a plane within the next week or so. The facility has been helpful.. the ICE (Immigration Custom Enforcement officer) States that he Violated the section 217 which is the only thing against him. That i should file the I-212 and Take a vacation to Belgium - I am still understanding why the advise to go to Belgium. I don't know what he was trying to tell me. Do i have file it in his country? Any suggestions on what he might mean? Haven't had a chance to talk to him again for clarification.

[Leigh Ann 8]

I keep trying to figure out what this comment means? " manages to get VD" What is " VD" ??? I am sorry .. I have played that over and over in my head.. have no idea what that means.

voluntary departure - it allows the immigrant to leave the country without being "deported." It leaves fewer "marks on the record," so to speak.

[Deputy Purple 1,294]

. That i should file the I-212 and Take a vacation to Belgium - I am still understanding why the advise to go to Belgium. I don't know what he was trying to tell me. Do i have file it in his country? Any suggestions on what he might mean? Haven't had a chance to talk to him again for clarification.

He was suggesting that you visit him in Belgium to get married then when you return file I-130 for CR-1 Visa for your Husband.

[emt103c 10]

Voluntary Departure. . .which is a long shot given the Visa Waiver status, but with an attorney, stranger things have happened. Best case scenario, beg forgiveness and get the heck out of Dodge, WITHOUT a deportation, *with* is okay, but without is sooooo much better.

[emt103c 10]

If he ends up with only a deportation, the 212 gets filed at the area over deportation.

Immigration law is federal, DO NOT just accept any attorney because they happen to be close. There are a LOT of realy scummy immigration lawyers out there, be very careful in who you hire and ALWAYS research whatever they tell you. Your case will never be as important to them as it is to you.