bad situation

[squaw_1970 0]

Thats correct i didnt come here with the intention of staying as was said i was made redundant and called etc like stated... Yes i was picked up at the bus station in Buffalo when i changed buses .. i was held and 1st given a deportation order but then all of a sudden it changed to an order of supervision to appear at the federal building on a certain date etc...i didnt really know what to expect but didnt even get chance to talk just handed papers told when to show up with my travel arrangements and when i needed to be out of the country by..end of..and yes because i overstayed a visa waiver u have no right to appeal.. I will be going back to the uk and staying with family until my husband gets there ...its just so awkward as obviously I dont have a job to go back too and whilst living here i have not needed to work as my husband has been able to provide for us.. It wasn't some lady from India i spoke to it was somebody at the uscis and yes i did have her name and yes the information she gave me was wrong but trying to blame someone will not help.. i just need to know what i am best to do now abt the uk etc and especially as we would like to settle in ireland whats the point of me trying to rent somewhere for 6 mths etc if were not planning staying etc im just so confused right now.

[Joe Bue 0]

Thats correct i didnt come here with the intention of staying as was said i was made redundant and called etc like stated... Yes i was picked up at the bus station in Buffalo when i changed buses .. i was held and 1st given a deportation order but then all of a sudden it changed to an order of supervision to appear at the federal building on a certain date etc...i didnt really know what to expect but didnt even get chance to talk just handed papers told when to show up with my travel arrangements and when i needed to be out of the country by..end of..and yes because i overstayed a visa waiver u have no right to appeal.. I will be going back to the uk and staying with family until my husband gets there ...its just so awkward as obviously I dont have a job to go back too and whilst living here i have not needed to work as my husband has been able to provide for us.. It wasn't some lady from India i spoke to it was somebody at the uscis and yes i did have her name and yes the information she gave me was wrong but trying to blame someone will not help.. i just need to know what i am best to do now abt the uk etc and especially as we would like to settle in ireland whats the point of me trying to rent somewhere for 6 mths etc if were not planning staying etc im just so confused right now.

I believe you do have a right to appeal. If you leave you will get banned for 3 years or 10. You are better off staying and filing again, in 3 years you can apply for US citizenship.

You could call local lawyers and ask if they know any pro bono lawyers willing to take on your case.

(http://en.wikipedia.org/wiki/Pro_bono)

You need I-130 Petition for Alien Relative $420, I-485 Application to Register Permanent Residence or Adjust Status $985. (Add $85 biometric fee for a total of $1070) , and I-785 Application For Employment Authorization $380. You already have your medical which is good for one year. You may also need I-864, Affidavit of Support Under Section 213A of the Act.

Prices: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I-130 http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I-485 http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I-765 http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[Brother Hesekiel 2,236]

Is there any entry in your passport?

Did you sign anything, indicating that you agree to depart voluntarily??

[JimVaPhuong 4,863]

I believe you do have a right to appeal. If you leave you will get banned for 3 years or 10. You are better off staying and filing again, in 3 years you can apply for US citizenship.

You could call local lawyers and ask if they know any pro bono lawyers willing to take on your case.

(http://en.wikipedia.org/wiki/Pro_bono)

You need I-130 Petition for Alien Relative $420, I-485 Application to Register Permanent Residence or Adjust Status $985. (Add $85 biometric fee for a total of $1070) , and I-785 Application For Employment Authorization $380. You already have your medical which is good for one year. You may also need I-864, Affidavit of Support Under Section 213A of the Act.

Prices: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I-130 http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I-485 http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I-765 http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

People who enter the US using the Visa Waiver Program cannot appeal any decision by an immigration officer. They waive that right as a condition of using the VWP. An order has already been entered, and she's apparently signed a voluntary departure. Filing an AOS now would be considered an attempt to appeal the order, and it would be rejected. That's one of the biggest problems with a VWP entry - once the deportation ball starts rolling there is virtually no way to stop it.

[Rebecca Jo 1,962]

Are you a citizen of the UK or of Ireland? Are you from Northern Ireland?

This is important in helping you decide where to return.

Edited October 22, 2011 by Rebecca Jo

[Karee 4,191]

People who enter the US using the Visa Waiver Program cannot appeal any decision by an immigration officer. They waive that right as a condition of using the VWP. An order has already been entered, and she's apparently signed a voluntary departure. Filing an AOS now would be considered an attempt to appeal the order, and it would be rejected. That's one of the biggest problems with a VWP entry - once the deportation ball starts rolling there is virtually no way to stop it.

That seems crazy. So if you get a tourist visa from Yemen (I picked that randomly) you can adjust status, but if you come on VWP from England you can't? Something seems wrong about that. Not aiming that at you Jim, just seems kinda backwards to me. U.S. govt. I guess.

[Rebecca Jo 1,962]

That seems crazy. So if you get a tourist visa from Yemen (I picked that randomly) you can adjust status, but if you come on VWP from England you can't? Something seems wrong about that. Not aiming that at you Jim, just seems kinda backwards to me. U.S. govt. I guess.

Jim doesn't say a VWP entrant can't adjust status. He is talking about the fact that a VWP entrant does not have the right to appeal an adverse decision against their stay while on that entry.

[Karee 4,191]

Jim doesn't say a VWP entrant can't adjust status. He is talking about the fact that a VWP entrant does not have the right to appeal an adverse decision against their stay while on that entry.

OK. Then that seems wrong. So If the person has an actual B1/B2 visa, then they could appeal?

Edited October 22, 2011 by Karee

[Rebecca Jo 1,962]

OK. Then that seems wrong. So If the person has an actual B1/B2 visa, then they could appeal?

Yes they could.

I don't regard this as "wrong". The Visa Waiver Program exists primarily as a vehicle to promote tourism. Agreements between the US and other nations allow their citizens to traverse freely as long as those citizens intend to return to their home country.

If it werent' for these agreements between nations, you'd have to apply for a visa if you wanted to go to Paris for three days to see the Eiffel Tower and drink Parisian wine.

[squaw_1970 0]

I have not yet signed a voluntary dept form ....I think the lady said i have to do that next time I go to show our travel arrangements.The border patrol people took my passport and it is now with ICE.. I am a citizen of the UK and we are wanting to eventually settle in southern Ireland not Northern Ireland ... I appreciate all your replies so please keep them coming x

[squaw_1970 0]

Also my husbands company could possibly trans him to Ireland we just dont know how long it takes....thats why i wondered if we could cash in our 401k live of that for while whilst we are staying with maybe my parents and looking for a home and work in ireland x

[Rebecca Jo 1,962]

I have not yet signed a voluntary dept form ....I think the lady said i have to do that next time I go to show our travel arrangements.The border patrol people took my passport and it is now with ICE.. I am a citizen of the UK and we are wanting to eventually settle in southern Ireland not Northern Ireland ... I appreciate all your replies so please keep them coming x

I asked if you were from the North because that means you and your husband could settle more easily in Ireland. Residents of Northern Ireland can get an Irish passport. Immigrants to Ireland who have an Irish spouse essentially just need to register with the Guarda in order to live permanently in Ireland.

[Rebecca Jo 1,962]

Also my husbands company could possibly trans him to Ireland we just dont know how long it takes....thats why i wondered if we could cash in our 401k live of that for while whilst we are staying with maybe my parents and looking for a home and work in ireland x

You can cash the IRA no one will stop you from doing that.

But he can't live in the UK with you without a visa. You need to return ahead of him and he applies for the visa while he is still in the US. Your parents could offer third-party support in order to help with the financial aspects of the visa.

Go to uk-yankee.com for information on spousal visas to Britain. Do this ASAP because the immigration laws in Britain will be changing in April and they will NOT be easier. You need to return quickly and he needs to start his visa application right away.

[Joe Bue 0]

That seems crazy. So if you get a tourist visa from Yemen (I picked that randomly) you can adjust status, but if you come on VWP from England you can't? Something seems wrong about that. Not aiming that at you Jim, just seems kinda backwards to me. U.S. govt. I guess.

Yes, I have been seeing the same thing, its very suspicious.

------------------------------------------------------------

You have to remember you are married to a "US citizen", even though you are late you can adjust your status. Stay for 3 years and apply for US citizenship. Call immigration lawyers in your area and get some feedback from them.

Don't listen to people who say you have to go home.

Edited October 22, 2011 by Joe Bue

[Rebecca Jo 1,962]

Yes, I have been seeing the same thing, its very suspicious.

------------------------------------------------------------

You have to remember you are married to a "US citizen", even though you are late you can adjust your status. Stay for 3 years and apply for US citizenship. Call local immigration lawyers in your area and get some feedback from them.

Don't listen to people who say you have to go home.

Being married to a US citizen does not automatically entitle an alien to live permanently in the US!