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  1. #1
    ?
    This message brought to you by the vast right wing conspiracy.

  2. #2
    Originally posted by davdah:
    The 10 year ban is the trouble. Ive seen a lot of conflicting info on when the clock actually starts ticking for the years worth of time for the ban. Is it from when the j1 expired or when she was detained and appeared before the judge or when he makes a ruling on status? If she accepts voluntary departure does the 10 yr ban still come into play? Ive seen some things that say it doesn't apply if she departs voluntarily and others that say it only matters that she overstayed over a year and is subject no matter what.
    She'll have a 10 year ban on return to the USA (for overstay of more than 1 year), and it starts the moment a person leaves the USA, voluntary or not.
    There is a ban for deportation as well, in addition to the one for overstay. With volutary departure, one doesn't get that one. For example, if one overstays 7 months (3 year ban) and is deported ( gets 5 or 10 year ban), he/she can't return for 5/10 years (years of ban for overstay and deportation run concurrently). If that person departures voluntarily, he/she still has to be out for 3 years.

    A few things for you to think about:
    If you two get married, you may ask a judge to file I-130 on her behalf... maybe keep her here and deal with the immigration (in country extreme hardship waivers, 2 year home residency requirement etc) for the next few years with a little chance for a positive outcome. It would be too obvious that the marriage took place so she can stay... unless you can prove otherwise. That's long and expensive battle without known outcome.

    Not all 2 year home residency requirements for J visas can be waived. Learn what kind she had.

    Hardship waivers are not about how much money you make! It is about how would you (US citizen) suffer extreme hardship if she is not allowed to stay or come back to the USA in the near future. Check out some examples at
    http://www.visajourney.com/forums/in...?showforum=113
    http://www.immigrate2us.net/forum/index.php?c=12

    Now, would you care to share how it happen that she was "picked up"? thanks

  3. #3
    Originally posted by davdah:
    My fiance was here on a J1 visa and overstayed just over a year. She got picked up a couple weeks ago just after I found out she was an illegal. Thats a long (actually boring story)how I found out and why I didn't know to begin with and how she got caught. Anyhow, I bonded her out, and we got an attorney. From what I've read she could be subject to a 10 year ban. A couple of facts, she has no criminal history, has not utilized any social service, medical etc.. at anyones expence but her own. has no kids, no prior marriages, etc. As far as any hardship waivers for anything, thats out. I make too much to even be considered for it. It may seem Im painting her as a good person which may have no bearing on. But from what Ive seen in the fish tank (immigration lockup) most of them had long criminal records so I would think that may come into play.

    She is from Indonesia. According to her J1 she is subject to the 2 year return policy. I know that it can probably be waived. The 10 year ban is the trouble. Ive seen a lot of conflicting info on when the clock actually starts ticking for the years worth of time for the ban. Is it from when the j1 expired or when she was detained and appeared before the judge or when he makes a ruling on status? If she accepts voluntary departure does the 10 yr ban still come into play? Ive seen some things that say it doesn't apply if she departs voluntarily and others that say it only matters that she overstayed over a year and is subject no matter what. The attorney hasn't said much except she is doing 'discovery'. I thought that was funny, does she have to discover what she should already know? Another avenue thought of was asylum which would be valid since she is Christian and had to face car bombs etc in front of her church. But, the year time limit for that has long passed. I know ultimatley the lawyer will do what they do (work for their own interest). I don't want to wait around for a long time on false hopes. has anyone had a similar pickle and what happened??????
    What is her ethnicity? If she is Chinese Indonesian, she may be eligible for asylum if her main reason for overstaying was because of the political and cultural crackdown by Indonesian authorities. The crackdown started several decades ago and continues to this day. Added to the fact that she is Christian, religious persecution is also prominent, especially among Christian Chinese minority. That may be your only option, but she would need to submit that evidence before the deportation hearing.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  4. #4
    Good point. Chinese are persecuted in Indonesia so it could be used as an excuse. But I don't think it is as serious as it was decades ago when local Chinese were harmed and killed. Today might be different. It's a long shot even if she's an Indonesian Chinese. Remember that Indonesia is a Muslim country and anti-US. That's a haven for terrorists. So, the USCIS might be more strict with aliens from Indonesia.



    Originally posted by Hudson:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    My fiance was here on a J1 visa and overstayed just over a year. She got picked up a couple weeks ago just after I found out she was an illegal. Thats a long (actually boring story)how I found out and why I didn't know to begin with and how she got caught. Anyhow, I bonded her out, and we got an attorney. From what I've read she could be subject to a 10 year ban. A couple of facts, she has no criminal history, has not utilized any social service, medical etc.. at anyones expence but her own. has no kids, no prior marriages, etc. As far as any hardship waivers for anything, thats out. I make too much to even be considered for it. It may seem Im painting her as a good person which may have no bearing on. But from what Ive seen in the fish tank (immigration lockup) most of them had long criminal records so I would think that may come into play.

    She is from Indonesia. According to her J1 she is subject to the 2 year return policy. I know that it can probably be waived. The 10 year ban is the trouble. Ive seen a lot of conflicting info on when the clock actually starts ticking for the years worth of time for the ban. Is it from when the j1 expired or when she was detained and appeared before the judge or when he makes a ruling on status? If she accepts voluntary departure does the 10 yr ban still come into play? Ive seen some things that say it doesn't apply if she departs voluntarily and others that say it only matters that she overstayed over a year and is subject no matter what. The attorney hasn't said much except she is doing 'discovery'. I thought that was funny, does she have to discover what she should already know? Another avenue thought of was asylum which would be valid since she is Christian and had to face car bombs etc in front of her church. But, the year time limit for that has long passed. I know ultimatley the lawyer will do what they do (work for their own interest). I don't want to wait around for a long time on false hopes. has anyone had a similar pickle and what happened??????
    What is her ethnicity? If she is Chinese Indonesian, she may be eligible for asylum if her main reason for overstaying was because of the political and cultural crackdown by Indonesian authorities. The crackdown started several decades ago and continues to this day. Added to the fact that she is Christian, religious persecution is also prominent, especially among Christian Chinese minority. That may be your only option, but she would need to submit that evidence before the deportation hearing. </div></BLOCKQUOTE>

  5. #5
    Originally posted by macyuhoo:
    Good point. Chinese are persecuted in Indonesia so it could be used as an excuse. But I don't think it is as serious as it was decades ago when local Chinese were harmed and killed. Today might be different. It's a long shot even if she's an Indonesian Chinese. Remember that Indonesia is a Muslim country and anti-US. That's a haven for terrorists. So, the USCIS might be more strict with aliens from Indonesia.
    Indonesia is not anti=US. In fact, the US and Indonesia have extremely close political ties with Suruato and after Suruato. The war in Iraq has definitely put a strain on relations, but the fact that the US is also considering free trade agreement with Indonesia shows how strong the ties really are. In fact, the US has gotten flak from the European countries and Amnesty International because of the close ties with Reagan, Bush Sr, Clinton, and Bush Jr, JFI.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  6. #6
    Well, the fact of the matter is Americans are much hated in Indonesia. Try going there and wave your US passport. Anyway, one good option these days to legalize your stay is if you belong to a certain Falong Gong group. It's banned and persecuted in China. Many Chinese use this as an excuse to stay. In Canada, many Chinese are allowed to stay if they belong to this group that's kinda religious one. It's religious persecution.


    Originally posted by Hudson:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by macyuhoo:
    Good point. Chinese are persecuted in Indonesia so it could be used as an excuse. But I don't think it is as serious as it was decades ago when local Chinese were harmed and killed. Today might be different. It's a long shot even if she's an Indonesian Chinese. Remember that Indonesia is a Muslim country and anti-US. That's a haven for terrorists. So, the USCIS might be more strict with aliens from Indonesia.
    Indonesia is not anti=US. In fact, the US and Indonesia have extremely close political ties with Suruato and after Suruato. The war in Iraq has definitely put a strain on relations, but the fact that the US is also considering free trade agreement with Indonesia shows how strong the ties really are. In fact, the US has gotten flak from the European countries and Amnesty International because of the close ties with Reagan, Bush Sr, Clinton, and Bush Jr, JFI. </div></BLOCKQUOTE>

  7. #7
    Originally posted by macyuhoo:
    Well, the fact of the matter is Americans are much hated in Indonesia. Try going there and wave your US passport. Anyway, one good option these days to legalize your stay is if you belong to a certain Falong Gong group. It's banned and persecuted in China. Many Chinese use this as an excuse to stay. In Canada, many Chinese are allowed to stay if they belong to this group that's kinda religious one. It's religious persecution.
    Waiving your US passport in Indonesia, Philippines, Malaysia, or Singapore will get you targeted because they believe all Americans are rich, not for political reasons. Most people in Indonesia, as well as Europe, do not like the foreign policy of the US, but a vast majority do not take it out on USC who live and work there either. And there are extremeist groups in Indonesia who would use the American involvement to perpetuate their goals including annexing East TImor as an Islamic state If you google about anti-US sentiment in Indonesia, you would note that a vast majority of the protests have been small since 2003, like several thousand, have been very violent, and have been protesting the government's involvement with the US and Europe. Only the die hard anti-US Islamic fringe political groups who would make Iran look like a secular state are orchestrating these protests. In other words, the extremists that make the news do not reflect a glowing anti-US sentiment in Indonesia.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  8. #8
    she overstayed her visa knowingly...i have no respect or bad feelings for her being cought.

    In my eyes she has be sent home asap.And the 2 or 10 year band won't matter.
    U.S. costums always have the final word and say,they can sent anyone back home who tries to enter the US with no explanation.PERIOD.

    She will and should face the 10 year band.No attorney can't help.

    I was also here with a J1 visa years years ago.how come I was able to opbey the law and leave,even though I also fall in love and what not.
    But I knew what is the right thing for the future,without violating and direspecting the law of the US.

    That just makes me realize that I do not have any bad feleings for anyone being here illegally knowingly...
    in most countries u go to jail for this...but the US treats all illegals fair,but not prostecuting them and not sending them to jail.
    And all the illegals still have the nerv to "demand?" to this is just sick and again,its an insult to anyone who waited in line,paid their dues,did all their medical check,bakcground check...waited for their turn LEGALLY by the law.

    And don't give me that s.h.it "aww,she had a bad time in her country yadi ya" oh well though luck...don't tell me,people getting here with a j1 visa,which requeires you to have over 15 grand,and other stuff...

    This is just annoying...sick of people breaking the law,knowingly and ask for help,like their innocent and the country is something bad to them

  9. #9
    Caucasians in third world poor countries are perceived to be rich; not necessarily Americans. To many colored foreigners, white is better and richer. That's the result of long years of colonization by the whites. Saying that waving the US passport risked being harmed not because of political reason but being rich is only partly true. After 9/11 or due to our involvement in Iraq War, it's because of politics. Do you know that some Americans even pretend to be Canadians while traveling? They carry back pack with Canadian flag or anything that shows they are Canadians not Americans. Why? Foreigners like Canadians more than Americans. As an American myself, I hate to say that but it's true. Blame it on your leaders (not my leaders) and our foreign policies based on double standard.


    Originally posted by Hudson:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by macyuhoo:
    Well, the fact of the matter is Americans are much hated in Indonesia. Try going there and wave your US passport. Anyway, one good option these days to legalize your stay is if you belong to a certain Falong Gong group. It's banned and persecuted in China. Many Chinese use this as an excuse to stay. In Canada, many Chinese are allowed to stay if they belong to this group that's kinda religious one. It's religious persecution.
    Waiving your US passport in Indonesia, Philippines, Malaysia, or Singapore will get you targeted because they believe all Americans are rich, not for political reasons. Most people in Indonesia, as well as Europe, do not like the foreign policy of the US, but a vast majority do not take it out on USC who live and work there either. And there are extremeist groups in Indonesia who would use the American involvement to perpetuate their goals including annexing East TImor as an Islamic state If you google about anti-US sentiment in Indonesia, you would note that a vast majority of the protests have been small since 2003, like several thousand, have been very violent, and have been protesting the government's involvement with the US and Europe. Only the die hard anti-US Islamic fringe political groups who would make Iran look like a secular state are orchestrating these protests. In other words, the extremists that make the news do not reflect a glowing anti-US sentiment in Indonesia. </div></BLOCKQUOTE>

  10. #10
    Among the Asian countries, Indonesia has the largest number of Muslims. Just being Muslim already makes the US immigration people more strict. Believe me, they are a lot more strict with Indonesians than other neighboring countries. Malaysians, Thais and Filipinos look like Indonesians. That's why the others are affected by these sharp eyed US immigration people. I dare anyone here to travel to Indonesia and show that they are Americans. They just hate whites and Christians.



    Originally posted by davdah:
    Thanks for your inputs. To answer a couple questions. She isn't Chinese. I saw some of the issues they are facing and reviewed a recent court case of a Chinese Indonesian who ended up being deported anyway. There were issues of her not meeting the cutoff time to file for asylum and it was suspected she being a Christian was a matter of convenience too. But, in my case the time limit to apply has already expired. So, I don't see that as a viable option.

    As far as the gringo targeting and what many of the third world countries think of us. Its true. Ive been to several asian countries, Thailand, Philipines, Singapor, etc. All be it years ago, there was some anomosity towards us. But all in all it matters mostly how you act. If you go anywhere for that matter and act like an arrogant S.O.B. your asking for trouble, and it will find you. Keep a low profile, be decent and respectful and it will do much to CYA in most any situation. Ive been to many countries and it holds true everywhere. Point being, don't go anywhere and waive anything, they don't want to see it.

    I understand what HBKHBK's point is. On one hand my patriotic side is saying, 'Hey, she broke the law, take the consequences' By the way she was locked up for about 10 days until they accepted the bond. So she wasn't given any royal treatment. From what I understand the reason they treat the illegals with any amount of decency is to avoid international incidents since it may take a while to know who it is they have in custody. Would be nice if turn about was done when one of us gets locked up elseware. I know a persons native land, economics etc. are of little consequence or concern in these cases. I'm not looking for a pitty vote or sympathy. I'm realistic and understand the law is to be upheld. At the same time each person is entitled to a defense as long as they can pay for it.
    One other point made was that the marriage would look suspect. I know that. What is so screwed is I proposed to her prior to me finding out she was really illegal. They grabbed her 2 days later. Prior to that I asked her about it and she was under the impression she was ok until Dec this year. After looking at her papers I had the same opinion. A lot of it had conflicting dates. But in the end the visa was expired and that was all that mattered. Know it now. It was my fault (loosly stated) that she got locked up since I was helping her to do her taxes and had her call the J1 sponsor to get the W2. I admit I was naive about things. She had a legit job with a real SSN etc. I assumed then that if a person is working a normal job that they would have to be legal otherwise the guys in the white and green trucks would be showing up real quick. That isn't the case as I know now. Even though the marriage plans are as valid as anyone elses, there is no way for the judge to look into my head and see that as being true.
    So, it looks like they will assume its a bogus marriage or at least strongly suspect that.
    I have not married her at this point. One of the concerns I had was that even if all the pieces fall into the best places and she is not banned out or subject to the 2 yr return rule she still has to return for either a K1 or K3 visa. From what Ive read it seems the K3 takes an enormouse amount of time, years for some people on this site. The K1 seems to be a faster path to being re-united. Any thoughts?


    I am a bit curious about the hardship issue metioned by ANERI. From what Ive read in the past it is primarily financial based, which in my case would not apply. There are no children, nothing that would impact me greatly aside from having a broken heart if she were sent back. I will take a look at the links you posted to see if maybe there is something new out there. I know the laws change and what I saw in the past maybe out of date.

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