Recently Deported

[UK81]

Hello,

I recently got deported from the US back to the UK. I have been banned for 10 years and need some help to figure out my next steps. I have an American citizen Fiance and we need help to find out when and if I can come back into the country?

I was on a visa waiver and overstayed by three weeks.

Can anyone point me in the right direction????

Thanks!

[blueblue]

You overstayed for only three weeks and already got deported? Wow, that is unlucky.

But if you only overstayed 3 weeks, there is no ban, just need to file I-212 to request permission to enter after deportation.

[UK81]

Thanks for the reply,

I have paperwork from the INS stating my ban for ten years. I have emailed numerours immigration lawyers asking their advice also. It would be nice to know of anyone else who has been in this situation?

And as for being unlucky, I know, three weeks overstay and then two weeks detained........

[emt103c]

How did you get detained, and why did they deport you? Were you on a specific visa or the VWP?

Were you caught trying to reenter after an overstay? or charged with something else?

[UK81]

I believe I was arrested after being pulled over for a traffic stop, but this was a Tuesday and I wasn't visited by the ICE officials till the Friday morning. I was on a Visa waiver and was supposed to leave the country by september 5th, but was detained on the 23rd. I have never been in trouble about re-entering before as I always had a visa prior.

[blueblue]

When you say you were supposed to leave on Sept 5, but got detained on the 23rd (of Sept?), is that how you are calculating the 3 weeks overstay? Did you have voluntary departure date from an IJ that was on Sept 5?

You should calculate the overstay from the date your VWP expired (90 days after your last entry). The time you stayed in the US after that date is the length of the overstay.

If it is longer than 180 days but less than 1 year, the ban is 3 years. If the over stay is more than 1 year, the ban is 10 years.

If your fiance files for a K-1 visa for you (petition with I-129F) you will eventually get an interview in London at which your visa will be denied and you will be allowed to file the I-601 waiver for the overstay and I-212 waiver for the deportation with your fiance as a qualifying relative. You will need to prove that your fiance will suffer extreme hardship if the waive is not approved.

[UK81]

My three months expired on the 5th of September, I was then caught and detained on the 23rd of September. My overstay was therefore 18 days. That's why I was suprised to see a 10 year ban?

How long do you think the whole process will take??

Thanks for everyones help!!

[blueblue]

They certainly are getting aggressive in enforcement. I hate zero tolerance in ANYTHING, no sense actually THINKING before we do things, just do them, no matter the cost, the sense or the circumstances.

Anyway, hopefully someone else who has done the I-212 will chime in. I believe you can file it even before you file the petition, but hopefully someone else will give more details.

For the fiance visa process, you should have no ban for an 18 day overstay. There is some kind of 'stay outside the U.S. after a deportation' issue, but the 212 can overcome that issue and it is generally 5 years, not 10.

Your fiance can file the I-129F petition for a fiance for you. That is taking about 3-6 months to complete. Then it is sent to the embassy for your interview. In London it will take about 2-3 months to do the paperwork, medical and interview. Then you will need the 212, if you weren't able to file it beforehand. I am not sure how long they are taking for the 212 in London, but probably similar to the 601 which they are taking about 3-6 months.

[UK81]

Thanks for the information! I really appreciate it. Does anyone recommend a US or UK based lawyer? Are there any advantages?

Thanks!

[emt103c]

The I-212 can be filed at the same time as the other visa application. In this case, since the ban is only for the deportation, it gets filed to the district office over the area of deportation.

Since your overstay was under 180 days, you should not need the 601. They didn't charge you with anything else on the deportation paperwork, did they?

For attorney recommendations look here:
http://immigrate2us.net/forum/showthread.php?p=9664#post9664

These are for the U.S. don't know about London

[klaudialaw]

in what state did they detain you? It is so surprising that they deported you just for overstay

[UK81]

On the deportation papers I am only charged for overstaying the 90 days. I was detained in NJ. The other detainees in there were suprised that I was from the UK and also that I only overstayed by three weeks.

I was told to contact the UC embassy here in London to makesure of the ban etc..

[klaudialaw]

for how long did they keep you in custody?

It's kind of suprising since NJ is not that bad in terms of detaining illegals.

[UK81]

I was detained for two weeks in Elizabeth, NJ. There were 300 other detainees there. It was so sad to hear stories from other people in there who still had their familes on the outside.

[UK81]

I was told my by lawyer today that I need to apply for a K1 visa then apply for the waiver along with the visa application? Has anyone else gone through this route? Does anyone know of any other ways around this? My lawyer also added that it may take up to a year for the whole process?

[emt103c]

Yes you can send the I-212 at the same time as the visa petition, like we said before. See above.

YES, it can take a year, a possiblility of longer.

[india1]

UK 81 when my husband was detained the ones from UK always were removed quickly. That and Mexicans. My question is this... did they not have a hearing for you??? If they deported you they should have given you a removal proceeding hearing which you could file asylum etc if you wanted to. From the way it sounds it does not sound like that was the case? I thought it was a law that in order to remove you they had to give you a hearing. And usually grant voluntary departure. Which would have allowed you to leave with no deportation. I guess I am confused as to why its a 10 year bar? I thought that was only for people who had been here for a significant period of time. Your saying only 90 days....

[UK81]

I was on a visa waiver and therefore had already given up my opportunity to see a judge if I overstayed, so therefore I had to be detained and then deported. I still can't believe that it's ten years when I was first told my the immigration officer that there would be no ban.

[emt103c]

UK 81 when my husband was detained the ones from UK always were removed quickly. That and Mexicans. My question is this... did they not have a hearing for you??? If they deported you they should have given you a removal proceeding hearing which you could file asylum etc if you wanted to. From the way it sounds it does not sound like that was the case? I thought it was a law that in order to remove you they had to give you a hearing. And usually grant voluntary departure. Which would have allowed you to leave with no deportation. I guess I am confused as to why its a 10 year bar? I thought that was only for people who had been here for a significant period of time. Your saying only 90 days....

Expedited Removal probably...you get no hearing, they only ask you about "fear of returning" to your country. Since he had no reason to file asylum, then no hearing...

As for the 10 year, this is confusing to me too, they probably used some other charge...On expedited removal paperwork they have a choice, just a check box between like three choices of charges(can't remember what they are) but one is no ban, one is 5 years, and one is 10 years, I will look on our sheet. The ten year is probably because he was actually present, if he was just entering they more likely use 5 years or none.

Too bad they didn't just give voluntary departure :(