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Expert's Help Needed VWP and Removal Proceedings!

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  • Expert's Help Needed VWP and Removal Proceedings!

    I entered the US on Visa Waiver Program (VWP) and I have a pending JOINT I-751 that most likely will be replaced for a WAIVER I-751 once divorce is final, if my waiver I-751 is denied and then I am put in removal proceedings can I ask for a review of adminitrative decision and then appeal IJ does not change USCIS decision?

    Does the fact that I entered on VWP also waives my rights to appear in front of IJ or Board of Appeals?

    What about if one of the grounds for waiver I-751 is being subject to extreme mental cruelty?

  • #2
    I entered the US on Visa Waiver Program (VWP) and I have a pending JOINT I-751 that most likely will be replaced for a WAIVER I-751 once divorce is final, if my waiver I-751 is denied and then I am put in removal proceedings can I ask for a review of adminitrative decision and then appeal IJ does not change USCIS decision?

    Does the fact that I entered on VWP also waives my rights to appear in front of IJ or Board of Appeals?

    What about if one of the grounds for waiver I-751 is being subject to extreme mental cruelty?

    Comment


    • #3
      Come on guys 27 views and 0 response. I won't be able to sleep weel until I know I will be entitled to fight my case if something goes wrong through IJ and Board of Appeals.

      Comment


      • #4
        Hi Aguila,

        How are you doing? I hate to write it, sorry about that ...here is the info...

        Visa Waiver Program


        Nationals from the following countries may enter the U.S. without a visa for up to 90 days: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, The United Kingdom (citizens with the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man), and Uruguay. The general requirements for participation include no prior overstays in the U.S., and a prepaid round-trip ticket to a non-contiguous country within 90 days of arrival. Aliens entering under the Visa Waiver Program (VWP) are subject to the same rules as those admitted in B-1 or B-2 status - meaning they cannot work!

        There are disadvantages to using the VWP program. Aliens cannot extend their stay in the U.S. if they entered on the VWP, nor can they change to another status in the U.S. Accordingly, they must depart the U.S. and re-enter in another work-related nonimmigrant status before working. Moreover, if there are any questions on entry, they MUST return to their originating country on the next flight out, with no ability to resolve those issues at the Bureau of Citizenship and Immigration Services (BCIS) district office with jurisdiction or an immigration judge.


        source :-
        http://www.artistsfromabroad.org/imm..._visawave.html

        hope everything works out for u without problem...Good luck...Pasha

        Comment


        • #5
          I have doing research on my own, and it seems that once a person who entered on VWP has ADJUSTED his/her status to permanent resident in a conditional basis, he/she can appeal and appear before IJ. The problem is if the alien has not adjusted.

          If an AOS interview does not go well, the alien remains under the VWP rules and can get deported without any legal recourse.

          I have not confirmed this yet as soon as I do I will come here to post it.

          Comment


          • #6
            i hope whatever you are saying is correct....thats what i thought too coz after AOS Approval it shouldnt matter anymore...u helped me....i will try to find this answer for you....one more thing u can do is chat with lawyer on this website and try to ask this question...Have a nice day...Pasha

            Comment


            • #7
              Pasha:

              Thank you very much for your efforts :-)

              I contacted myself one attorney who published a small but very informative article about VWP in this site.

              He thought that once I was a permanent resident in a conditional basis it would not matter, but he wasn't sure, but he was kind enough to foward my inquiry to another attorney who got me back and answered me that in fact once I adjusted the VWP does not matter anymore. I also think SAMMY would have caught on this issue, and the fact that he never mentioned to me makes me think that he knows I won't have problems to appear in Immigration Court should I ever need to.

              Uruguay has been terminated from this program an so was Argentina. Belgium is in the target to be terminated too if they don't comply with new and more secured passports.

              You are very kind man, if I ever helped you in anyway I never did it because I wanted something back I just did it because is my nature.

              How many months away from filing I-751 are you on?

              Comment


              • #8
                Hi aguila,

                Thank you for being so nice....I will try my best to help you as far as I can.... this link is for you and u dont need to worry coz reply i got from is very efficient lawyer and you can rely on that.....

                http://britishexpats.com/forum/showt...hreadid=196282

                Have a nice day !!! PASHA

                Comment


                • #9
                  Pasha:

                  Thank you a lot for researching on this issue as it was your own...

                  Unfortunately, I can access that link from work because of an s-t-u-p-i-d internet filter they have.

                  I will check it later, I assume that I will be entitled to fight in court should anything go wrong (I hope not!) regardless the fact that I entered the US on VWP.

                  Comment


                  • #10
                    hi aguila....

                    you are more than welcome....go to website www.britishexpats.com
                    click on discussion forum on left side..then again click on Us Marriage Based Visas in Immigration forum...and look for post with topic starter name "poroxod">>>>

                    have a nice day>>>pasha

                    Comment


                    • #11
                      Pasha:

                      I can't access to that website at all from work, don't worry I will check it at home.

                      Comment


                      • #12
                        IF your waiver is denied and you will be in deportation proceedings, you can not have court hearing and appear in front of judge. because you are not adjusted yet. once you are entered on WVP and not adjusted , according to WVP rules you will not be allowed to see the judge.
                        If you are adjusted and have conditional or permanent green card then WVP doesn't matter any more.
                        In this case you will be put into deportation under GC Conditional rule not WVP rule, and you will be allowed full heaaring in front of jusge and judge will decide. your waivier of right of appeal will be rely within Court jurisdiction. you will be allowed to appeal to BIA if you don't accept voluntary departure.( IJ will only grant V departure if Alien waive his right of appeal These days)
                        Its a discussion, not a legal advise..

                        Comment


                        • #13
                          mohan:

                          Thank you very much for your help. You are the EXPERT in deportation/removal proceedings.

                          Thanks a lot!

                          Pasha:

                          I checked that link thanks a lot! However that attorney in one post in that board said that for a waiver I-751 an alien can only apply for one ground only and I had to correct him, but he does know a lot, so from several sources I am know in peace that I will be able to have my day in court if a USCIS officials think that I am not entitled to the benefit I will be applying for.

                          Comment


                          • #14
                            Hi Aguila...

                            So doubt is clear now....i would say "Good Luck" for upcoming battle....Take care...Pasha

                            Comment


                            • #15
                              sorry aguila...didn't notice your question...i got exact 3 months to go before filing I 751

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