Need Advice - Married to US citizen, overstayed on VWP & got 10 year ban!

[UKGuy]

Hello everyone!

I'm writing this to gain information, advice & to hear from other
people's experience pertaining to the story I am about to tell.

Back in Nov 2002 I went to the USA from England on the (dreaded) "visa
waiver program."

I was due to return to England in Feb 2003 but by that time I had
fallen in love (and living) with a wonderful American lady, so I
overstayed & married her in Oct 2003.

Due to bad info from my wife's local INS office, she was told we
needed $1,500 in one go to put me through the immigration system. My
wife was (and still is) on welfare & I couldn't legally work in the
US, making it impossible to obtain the money we thought we needed.

After 3 years of trying to obtain the money locally I decided to find
a job in another state, save up & send my wife some money too.

So, Jan 2007 I was on my way to start a new job in Houston, Texas when
the greyhound bus I was on went by a border checkpoint, next thing I
know I was hauled off the bus by the border police & stuck in a
(immigration) hellhole of a prison in El Paso, Texas for 6 long
months, 189 days of being treated like the scum of the earth & having
my human rights abused!!! Just because I fell in love & married a U.S.
citizen, how civilised is that?

My wife even filed the I-130 months before they deported me, they
didn't need to deport me, I have no felonies or misdemeanors, to
deport me was just out & out evil!

They wouldn't even let me go in front of an immigration judge &
explain that i've been happily married to a U.S. citizen for 3 years.
That's American justice for you.

Now my wife & I are apart for 10 years. She can't join me because 2 of
her children are too far advanced in the US educational system & we
won't get the ban lifted because I live in England & the standard of
living & health care is not bad enough to cause extreme hardship to my
wife.

So, has this happened to you or someone you know & did you or they
manage to get the ban lifted, if so, how?

I need advice & opinions, thanks for reading, bye!

[palinurus]

This is what happened to my husband but we were not married at the time.

If overstaying on VWP you can be removed expeditedly from inside the country due to a technicality.

However, as the spouse of a USC you have all this time had the right to
adjust status even though you have overstayed, I am guessing that you were denied the opportunity to have your case go through the judicial system because of the fact that you had not yet applied.

The only way now to deal with your situation is to file an I-130 from the UK and then file an I-601 and and I-212 waiver.

IMHO the "expedited" part of the removal process and the denial of your right to have a hearing is where we are crossing the line in cases like this. Your American Citizen Wife, has been denied the right to a hearing in a matter which seriously affects her wellbeing, regardless of the fact that the hearing is for the spouse. Felons get a hearing, and so their spouses at least have the chance to have fair adjudication. Not so the spouse of a VWP overstayer, this is wrong, wrong, wrong.

Good Luck

P

[emt103c]

I am in the middle of the exact same case. She needs to file the I-130, and since money is tight, needs to do it before July 30 because the fee will be increasing.

This form takes a couple of months to process. Once she gets the receipt she is eligible to file the I-129F to speed things up a bit, she will have to prove that she can support you (Affidavit of support)

At your visa interview you will be found inadmissible, you will have to, like the others on this section of the forum file the I-601 and I-212 packet.

This can be done without an attorney if you are careful and use the examples on this website...visit the "Stickies" of both the I-601 and I-212 sections. The process is long, but in my understanding England seems to have a high approval rating.

[emt103c]

BTW: I agree that this is unfair...my husband is a Canadian citizen who was trying to come visit me for a couple of weeks. They knew we had previously filed paperwork, by his admission, and denied him entry, but for good measure also did an "Expedited Removal"

We were lucky because I was with him and they didn't attempt to jail him.

[jesuslovesyou]

Well

I woudnt blame the system or say that american justice is bad .. by his own admishion he said that he came on VWP and overstayed and worked . VWP is special evenue which has limitations one such is expedited removal with out hearing .. we didnt complain when we used it.


best thing would have been that he applied for i-130 as soon as hes married so he didnt have to go through this ..if there was no money for lawyer could have been done through charity organizations ..and also it comes to reality if wife is on welfare she woudnt be able to pove that she can support him.

all the opartunitys he had unfortunately havent been used and tragedy stuck and got deported its noting to blame immigration or justice system ..no where it has been shown that they used negetive discretion aganst him.

so lets not blame system ...and what can be done right now

you can apply for 212 and 601 hardships can be established on kids eucation and employability if USC had a stable job hear and kids have education and he dosent have any criminal recod hrdship can be established i have seen some approved hardship letters based on this in 601 forum .

we all think wer invincible untill we get cought .. so we have our mistakes too so lets accept and try to get a second chance at our lives

Godbless

JLU

[kitkat1]

At this point your only option is to go through consular processing and file the waivers. This is the only option to overcome the ban put in place when the rules of the VWP are violated.

I strongly recommend doing a lot of research on both the spousal visa process and waivers in the UK, especially since the USC has to prove the ability to provide financial support.

http://travel.state.gov/visa/immigrants/types/types_1315.html

http://london.usembassy.gov/dhs/uscis/ivwaiver.html

[meesh]

UkGuy,

There is nothing wrong with being angry, placing some blame here and there. We all do it, especially when we feel we feel we have been treated unjustly. Sometimes, we are not aware of the opportunities that are available to us, until it is too late. When we do have the knowledge, we wish we would have had it sooner. You have found a very helpful website, so feel free to ask any questions you may have. There is hope for your family, through the waivers, but it will not be easy. Good luck!

[emt103c]

UkGuy,

There is nothing wrong with being angry, placing some blame here and there. We all do it, especially when we feel we feel we have been treated unjustly. Sometimes, we are not aware of the opportunities that are available to us, until it is too late. When we do have the knowledge, we wish we would have had it sooner. You have found a very helpful website, so feel free to ask any questions you may have. There is hope for your family, through the waivers, but it will not be easy. Good luck!

Well put :)

[UKGuy]

Hi again!

You know what people, I hold my hands up & admit I was wrong to overstay & my wife & I were stupid for not putting me through the immigration system sooner or at least used our intelligence to discover just how much money we needed to get the ball rolling, i'm kicking myself about that part, we took the word of the immigration official as gospel without trying to gather more facts.

I'm angry & upset that whilst I was in that hell hole of a place (the immigration prison), I saw guys with felonies on their records be set free, I saw one guy marry whilst he was in there & he was set free less than a week later, whilst I had no felonies & had been married to a US citizen for 3 years & they wouldn't let me go back to my wife & continue going through the immigration system.

A country like America shouldn't be splitting up familes when there's no real need to. I thought America & Britain had a wonderful relationship, I honestly can't imagine a US citizen being treated like this by the British government.

I guess America doesn't think much of marriage or families.

And to think America was built on immigrants! :rolleyes:

Anyway, thanks for the help so far.

[emt103c]

Hi again!

You know what people, I hold my hands up & admit I was wrong to overstay & my wife & I were stupid for not putting me through the immigration system sooner or at least used our intelligence to discover just how much money we needed to get the ball rolling, i'm kicking myself about that part, we took the word of the immigration official as gospel without trying to gather more facts.

I'm angry & upset that whilst I was in that hell hole of a place (the immigration prison), I saw guys with felonies on their records be set free, I saw one guy marry whilst he was in there & he was set free less than a week later, whilst I had no felonies & had been married to a US citizen for 3 years & they wouldn't let me go back to my wife & continue going through the immigration system.

A country like America shouldn't be splitting up familes when there's no real need to. I thought America & Britain had a wonderful relationship, I honestly can't imagine a US citizen being treated like this by the British government.

I guess America doesn't think much of marriage or families.

And to think America was built on immigrants! :rolleyes:

Anyway, thanks for the help so far.

Trust me, I feel your pain. My husband has been gone for more than two years now, and we're still waiting to file the waiver and get to wait another year while living apart. Your process should be shorter than mine. Cheer up, but get ready for a wait.

[UKGuy]

She needs to file the I-130

This form takes a couple of months to process. Once she gets the receipt she is eligible to file the I-129F to speed things up a bit, she will have to prove that she can support you (Affidavit of support)

At your visa interview you will be found inadmissible, you will have to, like the others on this section of the forum file the I-601 and I-212 packet.

This can be done without an attorney if you are careful and use the examples on this website...visit the "Stickies" of both the I-601 and I-212 sections. The process is long, but in my understanding England seems to have a high approval rating.


She filed the I-130 about 4 months before I was finally deported. An immigration lawyer told me a couple of months after my wife filed it that the processing time for California is between 10-16 months (we didn't know that at the time).

My wife can't support me but we have a co-sponsor.

On the document the ICE police gave me when they were kicking me out of their country it says if I want to return to the US before the 10 years is up I have to gain approval from the attorney general, it makes no mention of filing a waiver form. I'm just wondering, because I overstayed & I didn't commit a non-immigration crime & because I entered the country legally whether that means there's an easier & quicker way of returning to the US, hence me posting this in the first place as I was hoping to come across someone who has gone through what i've gone through. I need to get a US immigration lawyer I think.

[kitkat1]

Your ban is 10 years because your overstay was more than 364 days.


http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html


ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

Your waiver processing *may* be a bit easier than others because you don't have criminal background but you will also need a 212 waiver for the deportation. There is no easier or quicker way of returning to stay permanently - the waiver process is the only option. I would do a lot of research - London has been particularly difficult on long overstays lately and as a result I've seen a few simply overstay waivers denied. You should definitely consult a qualified attorney - Laurel Scott has experience with London. www.visacentral.net

[tonyr7]

same thing happened to me mate. im aussie, lived in the states since 2002 with my wife a USC. I was applying for permanent residancy and at my green card interview, uscis claimed my wife withdrew support for my petition. i was arrested , detained and spent 8 weeks in stir in miami, before being punted back to australia.
we have been in the process of applying for a k3 visa for me to return home since nov06
i recently had my consular interview in sydney and now await approvals of my waiver petitions thru bangkok
the whole process has so far taken almost a year
i submitted a very strong waiver packet to bangkok...my wife is a cancer patient
the waiting is the hardest part, but it is doable, so dont lose faith

[tonyr7]

what a bunch of crap
the system IS at fault
when a husband and wife follow the directions of the agency,pay all the fees,never miss an interview,provide all necassery documentation for over 4 years,only to have the husband arrested and deported for an overstay,once they deny his application, how does the system work?
I'd say it doesnt.
what they fail to tell you when you enter on vwpp is that you waive your rights to appear before a judge and to any appeal of any immigration decision.
so the agency can issue you numerous ead's, they can guide you thru the process, they can cash all your cheques, they can stall all they like, and at the end, they can deport you
and you have no recourse except to go back to the end of the line...
perhaps you should do some more research........[/I]

[kitkat1]

Tony, the problem is that while it's possible to adjust status when in the country on a legal, but expired visa, there is nothing that protects you from being deported once you are out of status. Even having paperwork in process. That, unfortunately, is why I-94s have duration of stay dates and why Spousal and Fiance visas exist in the first place. When an overstayer or illegal immigrant is deported, it's actually because the system in place IS working. (not saying I agree with what happened or think that it's fair)

[tonyr7]

what constitutes an illegal immigrant?
the system works when it is used to deal with people who enter the country by deception and attempt to stay without going thru the proper channels
but the system fails miserably when it is mismanaged and misused by officials who have little or no knowledge of the act, and can make decisions knowing they wont have to face review because the alien has waived his rights
kk it isnt fair having seen the system in action, i know
i waived my right to appeal, but what about my wife? she never did, however,she was escorted from the building via the back door, by 2 ICE agents...when she tried to get an explanation from the adj officer she was told buy the AO that it wasnt required of her because i had wiaved my rights
UKGUY i sympathise with you mate in my 8 weeks in BTC in miami, i saw some of the most horrific and disheartening things i had ever seen,and i too broke no laws....not even a speeding fine
it is a terrible thing to have happen,but there is light at the end of the tunnel mate
this site and visajourney have tons of info
lawyers are a waste of time and money wife and i have done it all on our own the only time we used a lawyer was to file my first app back in 2002
he was later disbarred and fled to canada lmao
tell your wife to contact her local senators and congressman they can be helpful with expediting some steps of your app
it is a costly exercise,but its not as tho its all in one lump sum
and keep up the fight dont let the *******s win

[jesuslovesyou]

well systm does have some loopholes and few ppl do get effected but this is big country and have huge spanish immigrant problem ..while central american countrys strugle though political unrest & poverty and US companys looking for cheap labour . drug smugglers and gang members thrive from this places laws were enacted to crub them and unfotunately innocent people are also cought in it.


then again reality is you are in UK and 10 yr ban applies for overstay ( this ban only comes in effect when you go to consulate o border crossing and agent there makes determination ) and anoter requirement is u need AG permishion to enter country with in this 10 yrs

do careful reserch in 601 forum and take advise of well exprienced lawyer such as Laurel you will make it its all in presentation.

Godbless

JLU

[UKGuy]

UKGUY i sympathise with you mate in my 8 weeks in BTC in miami, i saw some of the most horrific and disheartening things i had ever seen,and i too broke no laws....not even a speeding fine
it is a terrible thing to have happen

Too true. I spent just over 6 months in an immigration prison & was treated like scum of the earth, and for what? For falling in love with an America & overstaying & marrying her!

"land of the free," erm...apparently not for my wife & to think 40+ years ago there was a massive civil rights movement in the US & in 2007 in the USA, my wife's civil rights are still being abused, not to mention my human rights as well.

"In God We Trust" it proudly states on American money, pity the US government doesn't subscribe to that, maybe if they did, families wouldn't be split up & kids wouldn't have their mother or father taken away from them.

I met a guy in that awful place (the immigration prison) from central America who came to the US 16 years ago, he has an American wife & kids & lived in New York when 9/11 happened & he helped with the aftermath of that, 5 years later the US government repays his kindness by putting him in prison for nearly 10 months (for being illegal) & he'll probably end up being separated from his wife & kids for another 10 years as well. Way to go America! Ain't you proud of yourself?

Somebody really needs to look at the US human rights record, they really do!

It's inhumane to split up families unless somebody is sentenced to time in a proper prison & not an immigration one.

[jesuslovesyou]

rules where made for vwp violators not for familys ..vwp is special venue where you dont have to go through consulate and fly directly in return they scrubed the due process else courts will be overwelmed with cases its a give and take if you came on any other visa than vwp u would have been fine

i am shure it was not the intention of congress to seperate ppl like you but in every law some innocent ppl get hurt aswell

i am shure UK isnt fair in immigration either ...immigration is complex system with all the dynamics in us its more and more complicated and many innocents r geting hurt

JLU