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Posted

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!

Filed: K-1 Visa Country: Wales
Timeline
Posted

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.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

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. 

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Leaving voluntarily would not have any impact on Consulate processing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Sweden
Timeline
Posted (edited)

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 by Scandi

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

Filed: Citizen (apr) Country: Iran
Timeline
Posted

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. 

Filed: Citizen (apr) Country: Russia
Timeline
Posted (edited)

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 by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

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.  

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
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.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Country: China
Timeline
Posted (edited)

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 by RamonGomez
Posted
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.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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