Question need some answers.

[CABOWABO]

I have a friend who applied for the K-1 visa through Vermont. Her fiancee is a Brazilian citizen He holds a Brazilian Passport as well as an Italian Passport. He has no visa with his brazilian passport, but has entered the US twice using his Italian passport(i believe with the italian passport you can stay for like 3 months) Both times he overstayed roughly 3-5 months over. Not to mention he tried to enter a 3rd time and was deported back to brazil. When he finally gets the interview in rio will he be looking at the waiver. Please omeone chime in. I think he will, but she tells me no.

[Shrek]

I think more details are needed. How does he have 2 passports, dual citizenship perhaps? Why was he deported to Brazil? Was he refused entry with his Italian passport?

[CABOWABO]

He has 2 passports because he has dual citizenship. He tried to enter again with his italian passport, he can not enter with the brazilian he has no visa. When he tried to enter again(3rd time) they deported him, told him he can not keep enterng with italian passportstamped the italian passport refused at entry and deported him. When he goes for the interview in rio, they will no he has 2 passports, and will also know about the deportation as well as the ovestays. Will he eligible for a waiver?

[Ginger]

I think that he might have a little complications. You might want to have a proof that Brazil and Italy are allow dual citizenship. What was his citizenship by Birth?
Why was he deported to Rio and not to Italy?
If you would not be able to prove that he has a legal right to use both passports as well as what priority citizenship has to apply when he is entering the US ( if there are such rule), Immigration might charge him with the fraud and then- buy-buy any waiver submission.

We either need much much more info in order to try to figure out this situation, or you need to start digging legal info in order to figure out what is going on.

What kind of stamp does he has in his passport? Deportation under what reason? That might give us some clues.

Good luck.

[CABOWABO]

born in brazil, was deported back to brazil. on his passport wrote in ink deported. They will know at the interview he has 2 passports.

[USnoiva]

Sounds like a 212 and 601 will be needed. There are many discussions regarding the ability to file a waiver after multiple illegal entries.
The first entry was on VWP and was legal, correct? Then he overstayed no more than 6 months.
Then, the 2nd entry was again on VWP and they admitted him after the overstay, legally (with inspection). But again he overstayed no more than 6 months, correct?
Then, the 3rd time, immigration finally caught up with him and deported him, right? After attempting to enter on VWP.
I think for knowledgeable answers I would recommend a chat with a lawyer. Either a free chat or consultation.
The I-212 is needed for the deportion, but I am not sure on the I-601 for 2 times illegal presence (overstay twice), although both entries were WITH inspection.

[Lulu]

Having 2 passports is normal, that shouldn't create any issues. People do that all the time, its perfectly common. He was returned to Brazil simply because that's where he came from. You will generally be deported to whatever country you arrived to the US from, regardless of whether or not you are even a resident of that country.

As for this case, an I-212 will be required for deportation. I-601 will be required as well (assuming that there are at least 180 days of unlawful presence) to lift the 3-year bar. Then again, it is possible that in these cases, the time in unlawful presence is not considered in aggregate, meaning that they'll view the individual overstays separately and not lump them together. In that case, he wouldn't have a bar, but don't quote me on it.

The only way that no waivers would be needed is if the "deportation" was actually a voluntary withdrawal of request for admission, and his time in unlawful presence was considered less than 180 days for the reasons I gave above.