Announcement

Collapse
No announcement yet.

Re-Entry Under Visa Waiver Program, While under Deportation

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Re-Entry Under Visa Waiver Program, While under Deportation

    I had violated Voluntary Departure in 1994 which was defaulted to deportation. Later 1995 I married to US Citizen and had approved I-130, but never able to adjust status in US because of deporation order. In 2001, I left country after I got Canadian papers. While I was under deportation I entered in US legally using my Canadian paper that did not require visa and stayed about 5 months and left United States again for good. Now I will be getting my immigration Paper through Counseler processing, If I declare about my second re-enty which was legal because y Canadian landed immigrant did not require visa in 2001. However at the time of my second reentry I was still under deportation and subject to 10 year bar.
    My question is when Visa Counseler will know about my second re-entry at the time of visa processing what kind of consequences I should be ready for?

  • #2
    I had violated Voluntary Departure in 1994 which was defaulted to deportation. Later 1995 I married to US Citizen and had approved I-130, but never able to adjust status in US because of deporation order. In 2001, I left country after I got Canadian papers. While I was under deportation I entered in US legally using my Canadian paper that did not require visa and stayed about 5 months and left United States again for good. Now I will be getting my immigration Paper through Counseler processing, If I declare about my second re-enty which was legal because y Canadian landed immigrant did not require visa in 2001. However at the time of my second reentry I was still under deportation and subject to 10 year bar.
    My question is when Visa Counseler will know about my second re-entry at the time of visa processing what kind of consequences I should be ready for?

    Comment


    • #3
      You may want to visit www.immigration.com and respective forum for info.

      Comment


      • #4
        You need to be posing these questions to a qualified immigration expert familiar with deportation and bars on admissibility. If I were to speculate I would say that whether or not you entered the country with a visa is not at issue. The deportation and 10-year bar rendered you inadmissible - you as an individual, not you as a resident or national of country A or country B.
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

        Comment


        • #5
          It appears like he will have a permanent bar to re-admission (re-entry after/while under the order of deportation).

          There are similar stories on www.immigration.com forum.

          Comment


          • #6
            Guest worker program will give him an "amnesty".

            Comment


            • #7
              Even if the guest worker program passes both houses, i dont think it would be able to help him in anyway or maybe im wrong about that...Does the bill says anything about anyone that had been ordered deported but decided to stay and dont have any other kind of criminal records?

              Also, what about the migrants that are in deportation proceeding..how would a guest worker help them?

              Comment


              • #8
                "Guest Worker program" is less likely to pass than would elephant pass through the needle hole.

                But, to answer your question:

                No, 1996 law bars adjustment of status in such circumstances. Even when 245(i) was in effect, it didn't allow adjustment of status for those ordered deported and re-entered illegally.

                "Guest Worker program" is not an amnesty and would not allow adjustment of status in these cases as well.

                Comment


                • #9
                  what about migrants that are currently facing deportation or have cases pending in immigration? would they be allow to sign up for a guest worker program?

                  Comment


                  • #10
                    If you have a lot of time to waste, go read various pending proposals, parts that deal with adjustment of status and eligibility : they differ somewhat from one another.

                    Comment


                    • #11
                      How many millions out of 12 were ordered deported and came back?
                      Probably more than a few.

                      Comment


                      • #12
                        There are around 400.000 people ordered removed who still remain in the country.

                        No one knows how many out of 12 mln have been deported and then re-enetered illegally.

                        Yes, it is more than a few, but substantially less than total number of illegal aliens present.

                        Comment


                        • #13
                          Let's assume 3 millions.
                          Possible to deport them? make them criminals and jail them?
                          I don't think so.
                          So they become guest workers.

                          Comment


                          • #14
                            It would be a lot easier to deal with numbers substantially less than 12 millions.

                            Deporting, jailing or going after 400.000 people (or even a million) would be no comparison to doing the same with 12 millions.

                            Comment


                            • #15
                              This bill would allow alibabaforty333 to become a guest worker.

                              B) the Secretary of Homeland Security may not waive--

                              `(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of section 212(a)(2) (relating to criminals);

                              `(ii) section 212(a)(3) (relating to security and related grounds); or

                              `(iii) subparagraph (A) or (C) of section 212(a)(10) (relating to polygamists and child abductors);

                              `(C) for conduct that occurred before the date on which the Secure America and Orderly Immigration Act was introduced, the Secretary of Homeland Security may waive the application of any provision of section 212(a) not listed in subparagraph (B) on behalf of an individual alien for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest; and

                              `(D) nothing in this paragraph shall be construed as affecting the authority of the Secretary of Homeland Security to waive the provisions of section 212(a).

                              Comment

                              Sorry, you are not authorized to view this page

                              Home Page

                              Immigration Daily

                              Archives

                              Processing times

                              Immigration forms

                              Discussion board

                              Resources

                              Blogs

                              Twitter feed

                              Immigrant Nation

                              Attorney2Attorney

                              CLE Workshops

                              Immigration books

                              Advertise on ILW

                              EB-5

                              移民日报

                              About ILW.COM

                              Connect to us

                              Questions/Comments

                              SUBSCRIBE

                              Immigration Daily



                              Working...
                              X