i485 & i130 pending on wb overstay but subject to removal

Q

Qtzar

New Member
Hi all,

I've lurkked on here for ages now but never posted before but I just received a phone call that has me reaching out for whatever advise I can get...

I entered the USA from ireland on the Visa Waiver.

While here I married a USC

We were getting all the documents ready to submit the I130 and I485 when my visa Waiver expired ( expired on 11th July, receipt notice from USCIS on 27th July )

A few days before posting the papers to USCIS I was visited by an ICE agent. They saw that I was about to send in papers and they gave me a few extra days.

Today I just received a phone call from the same ICE agent. She told me that I am STILL subject to removal under some new rule that says that as a WB overstay I am subject to removal under section 2.17 even though I have my i130 and 1485 pending.

I have contacted an immigration attorney but I just wanted to see what other advice anybody else can give me.

What is this new rule.
Has anybody else been subjected to it.
What happens if I'm removed
How can I prevent removal.

Help....

( Oh, my marriage is legit, I've been dating my wife for over 2 years prior to getting married with frequest visits to each other. We love eacch other very much, I also have No criminal record in Ireland. )
 
Sorry to hear about the trouble you're in.

I'm not a lawyer so I have no professional advice for you, but from what I know, and from what you can read all over this forum, overstay is excused for spouses of USC.

Here's some background
Section 217 refers to the Visa Waiver Program
Section 240 refers to the Removal and Deportion
there you can find the above mentioned exception for spouses of USC under 240.61 (Applicability),
you might want to read yourself under (4)
http://www.uscis.gov/lpBin/lpext.dl...plates&fn=document-frame.htm#slb-8cfrsec24061
Furthermore this exception is also mentioned in Section 240.62 (Jurisdiction)
you might want to read yourself under (a4) and (b2)
http://www.uscis.gov/lpBin/lpext.dl...plates&fn=document-frame.htm#slb-8cfrsec24062

I tend to think that even if ICE is enforcing your deportion, you still have the right to appeal to Immigration Court.
Good luck and keep us updated
 
Qtzar said:
Hi all,

I've lurkked on here for ages now but never posted before but I just received a phone call that has me reaching out for whatever advise I can get...

I entered the USA from ireland on the Visa Waiver.

While here I married a USC

We were getting all the documents ready to submit the I130 and I485 when my visa Waiver expired ( expired on 11th July, receipt notice from USCIS on 27th July )

A few days before posting the papers to USCIS I was visited by an ICE agent. They saw that I was about to send in papers and they gave me a few extra days.

Today I just received a phone call from the same ICE agent. She told me that I am STILL subject to removal under some new rule that says that as a WB overstay I am subject to removal under section 2.17 even though I have my i130 and 1485 pending.

I have contacted an immigration attorney but I just wanted to see what other advice anybody else can give me.

What is this new rule.
Has anybody else been subjected to it.
What happens if I'm removed
How can I prevent removal.

Help....

( Oh, my marriage is legit, I've been dating my wife for over 2 years prior to getting married with frequest visits to each other. We love eacch other very much, I also have No criminal record in Ireland. )
Click to expand...

It is very unusual that ICE came knocking on your door so fast....are there any other issues or complications?

I remember a case where a student was visited by ICE shortly after going out of status --- however, there were many other complicating issues, regarding criminal convictions. Took a lot of work to convince ICE to go through the appropriate channels. You have to remember that USCIS and ICE, though cooperative agencies, do not answer to each other in a direct way.

Seeking some help from an immigration attorney in your area is definitely in order.
 
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