Need advice for a friend

[~Jackie~ 30]

A coworker of my husband has a problem with USCIS. They have asked for my advice and I turn to you all on VJ for your input. This is what I know.....

He came on a B2 visa and seriously overstayed. Then married an American lady and filed for adjustment. Feb 2006 there is a Notice of Cecision To Deny Application for Perm Res. In this it states 'It was determined by the Service, you were subject to the NSEERS (National Security Entry-Exit Registration). You failed to register and ICE found your failure to register as willful. Therefore you are found inadmissible to the US for cause. Your application for aos to perm res is denied. Next paragraph says EAD is now void.

Fast forward a year to May 14,2007---next letter says, on March 2006 we received a motion to reopen the denial of your applicaton for aos. You were denied due to NSEERS. The Service has considered your marriage to a US citizen and your pending visa application. To date you have not departed the US. In addition the record indicates you ahve worked without authorization. Furthermore you registered late for NSEERS and that is a negative factor, one that comprimises national security of the United States. Therefore your motion to reopen must be and is hereby denied as a matter of discretion. As such, the original decision rendered Feb 2006 stands. Sincerely,,,Field Office Director.

So, it looks like he is screwed. I doubt there is any hope for him now. Is there a waiver? Or what is the next step? Will he get a notice to leave the country? How long do they give you to leave? Do you turn yourself in or do they come and get you?

Thanks in advance for any help.

Jackie

Edited May 29, 2007 by jmagayreh

[~Jackie~ 30]

Anybody know what happens during deportation?

Jackie

or would this be better asked in the waiver forum?

[misa 2]

They really really need to contact a good immigration lawyer.

[~Jackie~ 30]

They did have a lawyer. I think there is no hope for him staying. I just hoped to get deportation information, if anyone here knows of anyone that has been deported, how it happens.

Jackie

[kitkat1 5]

I am not aware of any waiver that covers him and it looks pretty clear that he won't be able to stay. On the earlier letter in February was there a sentence referring to the date he has to leave?

Also, if his lawyer is not helpful, I would immediately arrange a phone consult for tomorrow morning with someone more qualified - Heather Poole (http://www.humanrightsattorney.com/) and Laurel Scott (www.visacentral.net) both come highly recommended. Maybe one of them can find a way to at least delay deporation and reopen his case.

[~Jackie~ 30]

No date was given to leave by...they did note that they noticed he was still here. I will pass on the info you gave. Thanks for responding.

Jackie

[kitkat1 5]

No date was given to leave by...they did note that they noticed he was still here. I will pass on the info you gave. Thanks for responding.

Jackie

Jackie, there's more depth info on the NSEER system here. Requirements changed at the end of 2003 (see below) - depending on when he entered the country, these may have affected him if the rule changed and indicated it was no longer necessary for him to re-register.

http://www.ice.gov/pi/specialregistration/index.htm

Nonimmigrant visitors who do not comply with special registration requirements or other terms of their admission to the United States during their stay will be considered out of status and may be subject to arrest, detention, fines and/or removal from the country. Any future application for an immigration benefit may also be impacted. Decisions in these instances will be made based on an individual basis and are dependent on the circumstances of each case. Certain alien crewmen, described at section 101(a)(15)(D) of the Act, who are subject to special registration, are exempted from the departure control requirements of 8 CFR section 264.1(f) (8).

http://www.dhs.gov/xnews/releases/press_release_0305.shtm

The Department of Homeland Security has decided to suspend the National Security Entry/Exit Registration System (NSEERS) re-registration requirement that mandated aliens to re-register after 30-days and one year of continuous presence in the United States. The new process is outlined in the interim rule published in the Federal Register.

[alohaspirit 0]

A coworker of my husband has a problem with USCIS. They have asked for my advice and I turn to you all on VJ for your input. This is what I know.....

He came on a B2 visa and seriously overstayed. Then married an American lady and filed for adjustment. Feb 2006 there is a Notice of Cecision To Deny Application for Perm Res. In this it states 'It was determined by the Service, you were subject to the NSEERS (National Security Entry-Exit Registration). You failed to register and ICE found your failure to register as willful. Therefore you are found inadmissible to the US for cause. Your application for aos to perm res is denied. Next paragraph says EAD is now void.

Fast forward a year to May 14,2007---next letter says, on March 2006 we received a motion to reopen the denial of your applicaton for aos. You were denied due to NSEERS. The Service has considered your marriage to a US citizen and your pending visa application. To date you have not departed the US. In addition the record indicates you ahve worked without authorization. Furthermore you registered late for NSEERS and that is a negative factor, one that comprimises national security of the United States. Therefore your motion to reopen must be and is hereby denied as a matter of discretion. As such, the original decision rendered Feb 2006 stands. Sincerely,,,Field Office Director.

So, it looks like he is screwed. I doubt there is any hope for him now. Is there a waiver? Or what is the next step? Will he get a notice to leave the country? How long do they give you to leave? Do you turn yourself in or do they come and get you?

Thanks in advance for any help.

Jackie

This is too serious a problem. It may be worth the expense to buy the services of an experienced immigration attorney, but I doubt anymore more than another year or less of legal delays will happen.

It is possible that a competent legal professional can get a temporary waiver from departure compliance for another 6 - 9 months, but it would probably costs $3,000+ (attorney fees) and the outcome will probably be the same.

He may get a formal letter telling him to leave the U.S., or he might not get anything, but can assume himself to be "out of compliance."

There is a good potential for his eligibility in any future amnesty or temporary work visa programs.