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    Hi, my partner is currently in jail in Del Rio Texas awaiting deportation. He is a Spanish Citizen and has been here for 3 years illegally. He came in as a tourist with a visa waiver. I am getting a lot of conflicting info from different lawyers and the Spanish embassy. I need to know if he is eligible for a hearing and for voluntary departure and how long he can expect to be in jail. I am desperate. Thanks,Gailygal

  • #2
    Hi, my partner is currently in jail in Del Rio Texas awaiting deportation. He is a Spanish Citizen and has been here for 3 years illegally. He came in as a tourist with a visa waiver. I am getting a lot of conflicting info from different lawyers and the Spanish embassy. I need to know if he is eligible for a hearing and for voluntary departure and how long he can expect to be in jail. I am desperate. Thanks,Gailygal

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    • #3
      As a visa waiver visitor, he was supposed to leave 90 days after his visit. At the 91. day after his arrival, he becomes removable (deportable), the visa waiver specifically states that no extension of the visa, adjudication or waivers etc. are available (unless there are very exceptional circumstances).

      Additionally, anybody staying illegally over 180 days is inadmissiable for 3 yrs.; anybody more than 365 days for 10 years.

      Unless he's married to a U.S. citizen, he hasn't have a right to a hearing and I don't think he'd be eligable for a voluntary departure (but counsult a good attorney or the law itself to see if he qualifies for it, since that would be way better when a removal order). Sadly, people like him will make the visa waiver for his fellow nationals expire.

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