Removed for overstaying Visa Waiver.

DamDSx

New Member
Hi. I entered the US on september 1st, 2002 with a visa waiver (landed at JFK airport) and on october 23rd, 2006 i was detained and held prisoner in Albany County Jail, in Albany, NY for a period of 2 months. When i was arrested i had a Girlfriend and we were engaged. Now we want to marry but we dont know if i will be aproved a reentry waiver (the ICE officer in charge of the deportation said that if i got married they would, but i want to be sure) has this happened before? what are the chances of being approved a waiver? we will marry here, then she will return to the US and start the paperwork.

thanks in advance.

DamDSx

EDIT: Forgot to mention she is a US-born citizen
 
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ICE officers know nothing about the law. Once you have been deported for overstaying the Visa Waiver program you are automatically barred for 10 yrs and chances are zero that you will be allowed back in. If you really want to get married you have to make your life outside the US and hope that the law changes some day.
 
Letsien, your answer is incorrect. I am 100% correct. Did you overstay on the Visa Waiver programme? The rules of deportation for those on the Visa Waiver are completely different. Once you sign the Visa Waiver you give up all your rights including being heard in a court of law in the US.

If you read the original post you can see that this person has already been deported to Europe and is trying to reenter the US.

The reason I know that I am 200% correct is because I am a US citizen and my Italian husband overstayed on the Visa Waiver and I had to go to hell and back to get them to allow him to re enter.

The only way to get the 212/601 waiver is to prove Extreme hardship which has no clear definition and the ONLY extreme hardship they are willing to accept is by proving that your US citizen spouse is in dying in a hospital and you have all the records and doctors to back it up.
 
ICE officers know nothing about the law. Once you have been deported for overstaying the Visa Waiver program you are automatically barred for 10 yrs and chances are zero that you will be allowed back in. If you really want to get married you have to make your life outside the US and hope that the law changes some day.

I retracted my statement in order not to give false hope or mislead any one. Bengaltiger thank your for your clarification and correction
 
i-601 waivers are for inadmissabilities
i-212 is to apply for permission to re-enter after deportation
just because you have a 10 year ban, does not mean that you cannot apply
at your consular interview, you will be told whether you are eligible to file those waivers
you must submit documents showing hardship to the US citizen
it is acheivable I was deported I am waiting adjudication of my waivers in bangkok
 
Sure everyone who needs these waivers should apply and I wish you the best. I was sucessful for my husband too, however the extreme hardship clause is very subjective and since I seem to be the only person on this forum who has actually been through the whole process and gained re entry for my husband, I know how difficult it was. No amount of filing paperwork or showing financial or emotional hardship was enough. We even had letters of personal recommendation from state officials, police officers and even a county judge. The fact that we had 2 tax paying businesses with several American employees did not bother them at all. Forget about my hardship, even the hardship that 15 of my employees would go through by losing their jobs was not enough. I was pregnant and lost the baby. How much more hardship is there? As far as they were concerned none of this was life threatening. After doing everything possible for a year, the State Dept told ME, the US Citizen, that since I had lived in so many countries, I should go and live with my husband in Italy!! Since neither of us had even a speeding ticket leave alone a criminal record of any kind, that was the best excuse they could come up with! Finally, the stress of it all caused me to have heart failure and I was told that I required a heart transplant at the hospital. My lawyer faxed over the report to the consulate in Italy and they gave him the visa in 2 days.

The only way for us to know how achievable it is in your case, will be, when you let us know that you have been granted re entry, so please do let us all know. And once again, I genuinely wish you the best. No one should have to go through this. I am just sharing my personal story because I wish I had known all this when I was going through my crisis. So it is all the more important for everyone to return here and share their story after they have been successful.
 
Hello all. I havent yet filed anything because we want to make sure it is all done right to avoid any paperwork problems that could be encountered. My fiancee suffers from quite a few health problems, diabetes and IBS to name a couple. she has no kind of financial support except her own work, and several famly problems that have gone to as far as getting the police involved. she is now living with one of my relatives in the US, who are providing her basic needs. we were told about the extreme hardship waiver, but they said that there is little chance of it being approved, specially now wth all the problems that have arose about immigration after the new law failed in congress. although i understand the govermnet stance on this problem, i think something should be done to solve this mmigration problem. they are breaking many familys up without any care for those affected, which formy knowledge, goes against its own principles as a nation. anyway, i will pot again once i find anything out.

thanks
 
the situation

Bengaltiger,

First of all hope everything is going well. Second I do want to thank you for sharing.
We as a family are here on overstayed VWP, we've been in USA several time, and always screened. I was offer a job, to set up a new subsidiary for a European company. I came here last year to prepare all business requirements to get back and obtain the appropriate visa. In the mean time my kids need to go to school, and we are ‘lucky’ they can attend a private school.
I then went back and forward as the company was not fulfilling their obligation. Now we become in the terrible situation that we are overstayers, kids are well adjusted but as you can imagine limited. And the whole family is stressed out …… I am even thinking to take the company to court.
4besthope
 
By the way, beacuse of the good relation between USA and certain VWP countries, I understand by decrete the government have allowed one time paroles, and those no threat people not to be handcuff .....or jailed
 
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