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    I have a few questions that I'm hoping to get some information about.

    If you are married to a USC and you get deported how hard is it to file a wavier to be able to come back? Is it even possible?

    If you come into the country on the visa wavier and you overstay and you get married to a USC, is the AOS legal or not??

    Hopefully someone can help me....

  • #2
    I have a few questions that I'm hoping to get some information about.

    If you are married to a USC and you get deported how hard is it to file a wavier to be able to come back? Is it even possible?

    If you come into the country on the visa wavier and you overstay and you get married to a USC, is the AOS legal or not??

    Hopefully someone can help me....

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    • #3
      Yes there is a waiver for deportation available, called the I-212 (there are other waivers for other purposes, so make sure that this is the only one you need). From what I understand about the I-212 it is not the most difficult waiver, but none of the waivers are particularly easy. You must prove hardship to the US citizen.

      If you come into the country on the visa waiver program and overstay it is the same as if you came in on a visa. Therefore, AOS is possible. Also, I may be wrong, but I believe that if you have overstayed a certain amount of time (i.e. over 180 days) you will need to file for a waiver as well. That waiver is the I-601. It is more difficult to process, and is also a hardship to the USC waiver, but is also possible.

      Good luck to you.

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      • #4
        You don't have to file a a waiver if you overstay a VWP. Just don't leave the country or you will be subject to the 3/10 year bars.

        Comment


        • #5
          Thanks for the info.

          My husband is a british citizen and he may be deported. I will be going to the UK with him if this happens. Is it harder to fight for him to come back to the US if I'm in the UK with him. All of my family lives here and he also has family here (a brother that's a USC).

          The issue with the visa waiver is that supposedly when you enter the US with this visa waiver you sign all of your rights away... seeing a judge, bond. My husband does not remember doing this but apparently he did. Do people actually realize that when they come in on this waiver program??? It seems to me that the law is that people that come into the country illegally have more rights than somebody that comes in on this visa waiver?????

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          • #6
            That's the deal with the VWP, you have no rights as far as seeing a judge.

            Why is he being deported? Is it because he overstayed and got caught?

            Comment


            • #7
              He was working before he was authorized. Crazy I know, but it's hard to survive. Our papers for I-485/I-130 were filed in June of 2003. Now that he is in custody, they are making a bigger deal about the overstay than anything. When we filed we went to a lawyer to find out if he had to go back to London and file or if he could stay and file. The were told the AOS would cover it and he could stay here, but now I'm not so sure this was the right thing. I'm actually realizing that I don't know if there is a right way to do anything accord to the INS.

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              • #8
                The overstay is pardonned. When was he arrested? before, after you filed?
                Did he work before filing or after but before getting the EAD?


                If it's before you filed, then that's normal but I would get a lawyer and see what you can do.

                If it's after, something is fishy with your case, I would call a lawyer.

                Comment


                • #9
                  One thing I have learned is to check everything several times. Call the INS a few times, talk to a couple different lawyers. Usually the answer that you receive the most frequently is the most correct answer.

                  What type of removal proceedings is he in? How long has he been in custody and how long do you think he will stay in custody?

                  The I-601 waiver can be applied for overseas, and if all of your family is here, then that can be at least somewhat helpful.

                  Comment


                  • #10
                    I do have a lawyer. I have had a lawyer from the time we filed our papers in June 02. He was working before and during the time he received his work authorization. He was in the process of starting a job with his work authorization. He was picked up in Jan. He has no rights because he came in on the visa waiver. I don't know. I'm confused, and so aren't a lot of people that I talk with.

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                    • #11
                      Does the fact that we've started AOS override the fact that he has no rights because of the Visa waiver?? We are going to Civil court over this but, I guess I'm preparing myself for either outcome.

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                      • #12
                        I don't know but I think the waived right is only when you enter. Say, you come in and they say no, then you have no rights whatsoever. But you've filed your paperwork, I think you do have rights now.

                        Who told you you have no rights? What does your lawyer say??

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                        • #13
                          The INS says we have no rights and our lawyer says we do... that's why we filed a lawsuit so it is in civil court now. Basically, the judge will decide if the INS can go ahead and deport him or he gets to stay so we can have our interview. He has been in custody for about 6 weeks now, it tears me apart to have him in there.

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                          • #14
                            Call a few lawyers to make sure..

                            Keep us posted and the best of luck to you!

                            Comment


                            • #15
                              Hopeful,

                              why would they give him a work authorisation if they think that he is not allowed to work ??
                              Yes somehing is fishy here...
                              did the INS just come to yr home and picked him up ??? usually they don't when you are married to usc because they are usually waivers for that...
                              I hop Mohan will comment on this..he is a knowladgeable person....

                              good luck

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