Overstaying with an Esta-deportation

[Anca.mn 0]

Hello!  Has anyone has been in this situation before..
I entered to US with Esta, got married to US citizen and my lawyer told me to wait until Esta expires and then she's going to send all the package of paperwork on 91st day.
I got pulled over the other day and police found out I've overstayed. Lawyer still hadn't send any of the papers, so basically I don't have any right to be in the country and now ICE ask me to leave the country.

I explained them the situation that I have a lawyer who hasn't done her job correctly but they don't care and said I have to leave. I also have a tracking app right now and they're keeping in touch with me. ICE gave me 30 days to leave the country but in 2 days I have to show them my flight. Also they took my passport and I should get it back when I go to the airport to fly out from the states.

There're are lawyers who have told me to stay and still send the all package (which is done by now) and not to leave country but also I've been told I should leave as they told me.. and I honestly don't know what to do..
Has anyone been sent out from the US before and how/has it affected their case?

thank you!

[Boiler 45,511]

Waiting made zero sense as you found out.

 

Should have filed as soon as you had the documents.

 

I would file and show ICE the NOA and ask for my Passport back.

 

The problem with entering on the VWP is you waived your rights to appear in front of an IJ so that route is not without risk.

[powerpuff 6,697]

The problem is that there are delays in receiving the NOA1 and it’s taking 4-8 weeks and ICE wants to see her purchasing a flight in the next 2 days and out of the country in 30. Without that NOA, there is no proof of authorized stay while the petition is pending. 

[Boiler 45,511]

Leaving voluntarily would not have any impact on Consulate processing.

[powerpuff 6,697]

32 minutes ago, Boiler said:

Leaving voluntarily would not have any impact on Consulate processing.

I think I would go with this route than be detained by ICE. 

[Scandi 4,166]

Go back home and have your spouse start the process of getting you to the US. And do NOT hire a lawyer, at least not without reading up about the process yourselves first. Because here on VJ, we see tons of posts about lawyers messing things up, you and your spouse should instead read up on the process and do everything yourselves. Nobody cares as much about your future than you do yourselves. 

Edited June 26 by Scandi

[belinda63 3,038]

You attorney messed up by waiting until you authorized stay had expired to submit the paperwork and now you have to leave. You have no right to appeal, ICE knows where you are at, and if you fail to do as they told you there is a good chance they will place you in detention and put you on a plane back home. 

[Dashinka 24,497]

I agree, the best option right now is to return and follow consulate processing, see if you can withdraw the I485 package or stop payment.  Unfortunately VWP is gone (most likely), and runaway from this lawyer as fast as you can.  The big issue is you are an overstay from VWP, and also on ICE's radar.

 

Good Luck!

Edited June 26 by Dashinka

[Crazy Cat 41,852]

11 hours ago, Anca.mn said:

ICE gave me 30 days to leave the country

I think they were generous.  I would take advantage of that and leave the US.  Consular processing won't be affected.  You and your spouse can visit outside the US during the process.

[mam521 2,062]

I also would leave.  You don't want any black marks on file if you ever plan to naturalize in the future.  It isn't likely ideal in your mind, but you have to think long game now.  

[OldUser 6,662]

Sorry you're in this situation.

 

What does the lawyer (are you sure they are a real lawyer?) say?

 

I'd pack bags, leave, and get visa from overseas. You'll have to disclose overstaying in every application now unfortunately.

[Crazy Cat 41,852]

2 minutes ago, OldUser said:

You'll have to disclose overstaying in every application now unfortunately.

Yep. An arrest and detainment would probably just mean more paperwork to obtain at some point in the future.

[SalishSea 17,829]

This post should be pinned for all the people who think adjusting from ESTA overstay is a fine idea, and without consequence to spouses of USCs.

Edited June 26 by SalishSea

[RamonGomez 271]

This seems crazy to me. There are illegal immigrants that live decades in the US and have had interactions with police and haven't ever dealt with ICE. Others who do get caught wait months or years for their removal hearing, and these are people who entered illegally, not on a visa or VWP. I'm also not sure your attorney is correct - afaik you will have issues adjusting status once removal proceedings start (which is ICE basically just telling you to leave if you're here on the VWP).

 

Assuming all this is real, buy the ticket, and talk to 2-3 of the best attorneys you can find before your 30 days are up, at the very least, to confirm that you absolutely must leave and that there isn't some technicality/loophole that can buy you time or an appeal. 

Edited June 26 by RamonGomez

[SalishSea 17,829]

6 hours ago, RamonGomez said:

This seems crazy to me. There are illegal immigrants that live decades in the US and have had interactions with police and haven't ever dealt with ICE. Others who do get caught wait months or years for their removal hearing, and these are people who entered illegally, not on a visa or VWP. I'm also not sure your attorney is correct - afaik you will have issues adjusting status once removal proceedings start (which is ICE basically just telling you to leave if you're here on the VWP).

 

Assuming all this is real, buy the ticket, and talk to 2-3 of the best attorneys you can find before your 30 days are up, at the very least, to confirm that you absolutely must leave and that there isn't some technicality/loophole that can buy you time or an appeal. 

Most “illegals” are overstays from legal entries.