How To Address Overstay & Deportation From Jordan?

[Jason and May 79]

Hey all,

 

A recent thread on deportation or removal from a country other than the United States recently caused me to rethink my wife’s situation and how to approach it.

 

She was removed from Jordan in 2018 for a 2-year overstay. She was arrested and held in jail there until she could either pay for her overstay or decide to go home. She eventually decided to go home.

 

A year later, she went to Qatar, worked there for two years, and left with no problems. Which takes her to 2021, when she met me.

 

We are waiting right now for her NVC welcome letter. We are going to answer truthfully on her 160 and attempt to get her PCC from Jordan.

 

Being new to NVC and CEAC, I’m wondering if writing an affidavit on the circumstances of her overstay is worthwhile? E.g., she was quite young when she worked there, she gave her boss the money for the residence card renewal but he did not renew it, she wasn’t sure what she should do being young, first time away from home, in another country, etc. Likewise, she worked abroad subsequent to that experience, a little older, a little wiser, and a little more assertive. She left that country with no problems.

 

On one hand, that’s a lot of excuses. On the other hand, it’s true explanation. 

 

Any experience or thoughts that might be helpful processing this? I don't even know if an unsolicited affidavit is acceptable, let alone the correct approach. Or where to attach it in CEAC. We probably should have attached as an unsolicited document at the USCIS petition phase, but the 130 pertained to U.S. removal, while the 160 asks about any country. 

[Mike E 11,739]

4 minutes ago, Jason and May said:

I’m wondering if writing an affidavit on the circumstances of her overstay is worthwhile?

I see no purpose in that.

[Jason and May 79]

Just now, Mike E said:

I see no purpose in that.

Hi, Mike. Could you expand on that, please? 

[Pinkrlion 2,716]

What does her police report from Jordan say

[Mike E 11,739]

Just now, Jason and May said:

Hi, Mike. Could you expand on that, please? 

Her overstays in other countries are not relevant to her application for an immigration visa to the U.S. 

[Mike E 11,739]

3 minutes ago, Pinkrlion said:

What does her police report from Jordan say

No such thing in Jordan according to  https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Jordan.html

 

 

[Crazy Cat 41,845]

22 minutes ago, Jason and May said:

I’m wondering if writing an affidavit on the circumstances of her overstay is worthwhile?

No.  There is no reason to do so.  It has no impact on her US immigration process... none.

Edited June 28, 2023 by Crazy Cat

[Jason and May 79]

1 hour ago, Mike E said:

No such thing in Jordan according to  https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Jordan.html

 

 

That’s odd. The Jordanian embassy in Manila sent us a form with instructions specific to a PCC. It explained the difference between an issuance of no criminal conviction and a PCC. 

 

I wonder if that has since changed and the website just hasn’t been updated?  

[Jason and May 79]

1 hour ago, Mike E said:

Her overstays in other countries are not relevant to her application for an immigration visa to the U.S. 

I can see how that would be true. I guess it’s just concerning on the potential effect it could have. At least in my mind, anyway. The reassurance helps, though. Thank you for explaining your thought on the topic! 🤙🏾

[Jason and May 79]

1 hour ago, Pinkrlion said:

What does her police report from Jordan say

We don’t have her PCC yet. So we don’t know. She believes they told her that after 5 years it comes off her record. At least that’s her understanding. I think she might be confused on a barring of reentry versus her arrest or police record. Though, I really don’t know. We can only go through the request process and see what’s there. 

 

At any rate, the DS-160 is pretty clear in its questions, and she needs to mark that yes, she has been arrested without conviction. And that yes, she has been deported from another country, even without formal deportation proceedings. 

[Mike E 11,739]

Lots of authorities of lots of countries issue lots of documents that are neither the  documents nor the authorities the U.S. department of state asks for. 
 

Obtain the document that the link I gave you asks for.

[Jason and May 79]

1 hour ago, Crazy Cat said:

No.  There is no reason to do so.  It has no impact on her US immigration process... none.

I appreciate your input. Thank you. ☺️

It feels odd to me, though, to answer yes to being arrested and yes to being removed from a country for it to have no bearing on her US visa. I’m probably feeling more anxious now as it all draws closer…and probably overthinking. It’s hard to shake, though. 

[Mike E 11,739]

4 minutes ago, Jason and May said:

At any rate, the DS-160

If she is seeking an IR-1 visa from an approved I-130, then DS-160 is not the correct form.

 

3 minutes ago, Jason and May said:

It feels odd to me, though, to answer yes to being arrested and yes to being removed from a country for it to have no bearing on her US visa

 

Depends on the reason for the arrest. You have not described anything (yet) that would make her inadmissible for an immigration visa. 

[Crazy Cat 41,845]

4 minutes ago, Jason and May said:

I appreciate your input. Thank you. ☺️

It feels odd to me, though, to answer yes to being arrested and yes to being removed from a country for it to have no bearing on her US visa. I’m probably feeling more anxious now as it all draws closer…and probably overthinking. It’s hard to shake, though. 

Had she overstayed a US visa for 2 years, she would be subject to a 10 year ban once she left the United States.  That is not the case.  Outside the US, the nature of the "crime" is relevant....not the fact that she was arrested and deported based on the laws of another country.  

[Jason and May 79]

39 minutes ago, Crazy Cat said:

Had she overstayed a US visa for 2 years, she would be subject to a 10 year ban once she left the United States.  That is not the case.  Outside the US, the nature of the "crime" is relevant....not the fact that she was arrested and deported based on the laws of another country.  

I appreciate your input. Thank you. ☺️🤙🏾