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in the US on wvp?...think twice before overstaying.

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  • in the US on wvp?...think twice before overstaying.

    My nephew got here in 1999 on a visa waiver program.He's been here ever since.
    In 2003,he got married to an USC and of course filed I-130,485,aed.
    He received his work permit soon after.Then went for the interview.
    Today,he received a denial letter from INS.They went through the whole Blabla of overstaying,asked him to turn back his work permit and said at the end of the letter
    "There is no appeal of this decision however,the applicant may renew his appliation during removal proceedings"
    By the way his I-130 have been denied.
    Guys,this boy is completly crushed and I don't even know what to tell him.
    Can you tell me what to do and where to go from here?
    He has an appointment with his so called lawyer tomorrow but I'd like to shed some light on this before he get ripped off again.
    I'll really appreciate if you could help.
    Thanks.

  • #2
    My nephew got here in 1999 on a visa waiver program.He's been here ever since.
    In 2003,he got married to an USC and of course filed I-130,485,aed.
    He received his work permit soon after.Then went for the interview.
    Today,he received a denial letter from INS.They went through the whole Blabla of overstaying,asked him to turn back his work permit and said at the end of the letter
    "There is no appeal of this decision however,the applicant may renew his appliation during removal proceedings"
    By the way his I-130 have been denied.
    Guys,this boy is completly crushed and I don't even know what to tell him.
    Can you tell me what to do and where to go from here?
    He has an appointment with his so called lawyer tomorrow but I'd like to shed some light on this before he get ripped off again.
    I'll really appreciate if you could help.
    Thanks.

    Comment


    • #3
      Don't panic. There *is* a light at the end of this immigration tunnel. First, he will be placed in the removal proceedings, that's pretty standard. This is *not* a 100% deportation. Second, never, ever, ever skip any hearings with an immi Judge. Third, before issuing a final deportation order a Judge must consider any relief available. File new I-130/I-485 ASAP. This will be his relief during the hearings. The fact that he got married *before* he was placed in removal proceedings will have a very good chance of approval of his adjustment application.

      Cheers.

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      • #4
        Sorry to hear about ur nephew, but this is serious when u overstay VWP as many people find out.

        Big problem here is if the IJ says no, then as far as I remember there is no relief for him b/c you dont have right to appeal if you used VWP.

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        • #5
          4now is correct there are no appealing rights for VWP admitted aliens... they are also 'waived'...

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          • #6
            Why was I-130 denied?

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            • #7
              marraige gc's are denied due to "overstays". there's something else the reader is not disclosing.

              -= nav =-

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              • #8
                I thought you could pay a fine for overstaying?????

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