A husband has been deported after overstaying Visa waiver Programme

[christeen 966]

You asked he long this will take... Nobody can give you n exact timeframe... However I can tell you it won't be quick. You lawyer does no have a shortcut... Waivers can be filed, but they take time.. You will have to get your patience pants out and keep on struggling... But it can be overcome. Read the waivers section to familiarize yourself with the process...

[HonestBeast 0]

Big question is why were you initially stopped and held. Did you do something illegal that may complicate things ? It is one thing to get a hardship waiver for an overstay another to get the waiver for some illegal acts.

I got deported because i overstayed my ESTA (90 days Visa). I overstayed 5 months. I was 2 weeks inside a correction facility. During my stay there i got the NOA in my mail. Esta means u are aloud to stay 90 days in the United States and if you overstay u have no rights all. Deportation and thats it.

[HonestBeast 0]

Approval receipts...but I see u get it while with ICE. If U have no felonies in any counry, then

that's good, Y/how did U come in contact with ICE? Its good U have an atty, however the process

is not overnite, after your interview date all hardships to your wife (not U0 and evidences, remember

its a discretionary process, so make sure U have copies of everything the atty sends out or U give

to him as evidence....no atty can speed up the process , but they will have to do your brief.

currently waiver packets R adjudicated 5-8 mths alhough USCIS reports its 4 mths,

Go join immigrate2US.net look for NSC & HSL threads, U'll learn a lot to keep up with attys work

Good luck

Hi Jawaree,

Thank you again for your reply. I have no felonies. Nothing. ICE knocked on my door and they took me just like that. When I was locked up in those 2 weeks I got the NOA. I am switching lawyers now. 1 that is bigger and has more experience and knowledge of the law. I feel like my old 1 screwed me. But ok. Doesnt it depends how long it takes from which country you are? I am from Germany.

Was it even allowed to deport even though had ICE just checked the system they could see me I was in process?

Looking forward to your answer:)

[ShirahBet 42]

Right now, the waivers are taking around 6 months minimum for adjudication. That is after the I130 and after the NVC stuff.

[N-o-l-a 7,167]

Hi Jawaree,

Thank you again for your reply. I have no felonies. Nothing. ICE knocked on my door and they took me just like that. When I was locked up in those 2 weeks I got the NOA. I am switching lawyers now. 1 that is bigger and has more experience and knowledge of the law. I feel like my old 1 screwed me. But ok. Doesnt it depends how long it takes from which country you are? I am from Germany.

Was it even allowed to deport even though had ICE just checked the system they could see me I was in process?

Looking forward to your answer:)

Can you give us a detailed timeline like:

Entered US: / /

Got married: / /

Ice came a knockin: / /

Filed original I-130, I-485: / /

I'm a little confused by how this is all playing out (feel free to modify dates for privacy).

Edited January 27, 2014 by N-o-l-a

[Boiler 45,313]

Odd, ICE do not have the will usually to track down VWP overstayers.

Timeline, is tricky, sounds like you need a I212 no I 601. Say 18 months?

[Jawaree 717]

I212 is definitely needed OP...does not matter what country U R originally from ICE

can/ will pick U up...on very rare occasions I've heard of ppl getting picked up at home

who over-stayed...not impossible but very unlikely...what U think might have triggered

it? If no record or misrep....U should only need the Lone I 212, but check with your lawyer

read up on stuff for yourself....could be your lawyer is filing I212 in jurisdiction U were

deported from (if all U need is lone 212) this actually at times can take even longer than

filing 2 waivers to Neb.....however some in Texas reports up to 12 mrhs wait for decisions

while ppl elsewhere reported getting decisions 2-6 mths, but expedites R for critical

emergencies and lawyers or Senators wont speed up the process....so breathe dude your

day will come in due time

[HonestBeast 0]

Right now, the waivers are taking around 6 months minimum for adjudication. That is after the I130 and after the NVC stuff.

Thank you. Lets hope for the best and a fast process. Allah/God is with us:)

Edited January 27, 2014 by HonestBeast

[Boiler 45,313]

If Allah is with you it will be longer.

[HonestBeast 0]

Can you give us a detailed timeline like:

Entered US: / /

Got married: / /

Ice came a knockin: / /

Filed original I-130, I-485: / /

I'm a little confused by how this is all playing out (feel free to modify dates for privacy).

Hi N-o-l-a,

Thank you for your reply.

As requested. Entered US: End of january, Got married: Mid April, Esta expired: End of April, ICE picked me up End of Septembre, Filed I-130/ I-485 in August due to waiting period for requested papers to be sended from Europe.

Beginning of Octobre I got my NOA:)

Hope this will clear some for you. Looking forward to your reply.

Regards,

[HonestBeast 0]

If Allah is with you it will be longer

Well thats your opinion and I fully respect that Boiler;)

As a reply for your comment; Why would ICE not do that? I mean thats their job right? I have commited no misdemeanor or felonies. Nothing. 18 months sounds harsh I wouldnt be able to survive that.

[N-o-l-a 7,167]

Hi N-o-l-a,

Thank you for your reply.

As requested. Entered US: End of january, Got married: Mid April, Esta expired: End of April, ICE picked me up End of Septembre, Filed I-130/ I-485 in August due to waiting period for requested papers to be sended from Europe.

Beginning of Octobre I got my NOA:)

Hope this will clear some for you. Looking forward to your reply.

Regards,

So you filed your I-130/I-485 before ICE nabbed you?

What is the date on that I-797 Notice of Action they sent you, before or after the pick up by ICE?

[HonestBeast 0]

I212 is definitely needed OP...does not matter what country U R originally from ICE

can/ will pick U up...on very rare occasions I've heard of ppl getting picked up at home

who over-stayed...not impossible but very unlikely...what U think might have triggered

it? If no record or misrep....U should only need the Lone I 212, but check with your lawyer

read up on stuff for yourself....could be your lawyer is filing I212 in jurisdiction U were

deported from (if all U need is lone 212) this actually at times can take even longer than

filing 2 waivers to Neb.....however some in Texas reports up to 12 mrhs wait for decisions

while ppl elsewhere reported getting decisions 2-6 mths, but expedites R for critical

emergencies and lawyers or Senators wont speed up the process....so breathe dude your

day will come in due time

Hi Jawaree,

Thanks for replying again. Well I got picked up from home I guess thats a rare occasion. We are filing from Florida so we are falling under the Vermont Service if I am correct? I have no record or misrep. I will have a full answer this week from our new lawyer with our options. What does that mean the I-212 (I have been reading about it on different forums). Is it a hard process though or will it go fast. I cant processing is affected by from what country you are right? I mean the process will go faster if your from Germany then Colombia or 1 of those countries. This is what my lawyer told me. What do you mean by expedotes r for critical emergencies and lawyers or Senators wont speed up the process?

[HonestBeast 0]

So you filed your I-130/I-485 before ICE nabbed you?

What is the date on that I-797 Notice of Action they sent you, before or after the pick up by ICE?

Correct i filed months before ICE nabbed me. The date of that Notice of action is around 30 of septembre.

[Boiler 45,313]

CR1 Say a year

I 212 say 6 months, but they are much harder to predict.

Muslim, AP yet again very hard to predict.

Odd that you were deported with adjustment in the process, ICE do not usually do that, in fact I thought there was an Executive order to that effect.