British Expats

British Expats (https://britishexpats.com/forum/)
-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   deported from usa please help (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/deported-usa-please-help-166817/)

David Jul 20th 2003 3:35 pm

deported from usa please help
 
i was deported from us in october 2002 i was deported because i over stayed
on visa waiver i was banned from going back to the us as a tourist for 10
years,since i got back to uk my gf from america came to the uk and we got
married,my question to any one who knows will i be able to go back to the us
as my wifes husband as she is a american citizen

Stephen Thompson Jul 20th 2003 11:58 pm

Re: deported from usa please help
 
On Sun, 20 Jul 2003 16:35:55 +0100, "david"
wrote:

    >i was deported from us in october 2002 i was deported because i over stayed
    >on visa waiver i was banned from going back to the us as a tourist for 10
    >years,since i got back to uk my gf from america came to the uk and we got
    >married,my question to any one who knows will i be able to go back to the us
    >as my wifes husband as she is a american citizen

October 2012? Is this a trick question :|

Ingo Pakleppa Jul 21st 2003 12:32 am

Re: deported from usa please help
 
Unfortunately, marriage to a US citizen does not relieve you from the ban.
There are basically two options you have at this point:

- wait outside the US for the ten years to pass

- apply for a waiver of inadmissibility. To get that, you would have to
prove extreme hardship to your wife (not to yourself). This is going to be
very difficult with the UK. Examples that have been successful in the past
include her having an illness that required treatment unavailable in your
country, her being not allowed to work in her profession and suffering
serious damage to her career, her not speaking the language. Most likely,
none of these are going to be options for you; the US will simply tell you
that it is not a hardship for her to live in the UK.

On Sun, 20 Jul 2003 16:35:55 +0100, david wrote:

    > i was deported from us in october 2002 i was deported because i over
    > stayed on visa waiver i was banned from going back to the us as a
    > tourist for 10 years,since i got back to uk my gf from america came to
    > the uk and we got married,my question to any one who knows will i be
    > able to go back to the us as my wifes husband as she is a american
    > citizen

--
Remember, I am strictly a layperson without any legal training. I encourage
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newsgroups.

Please support H.R. 539 and H.R. 832. More information at
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Please visit my new FAQ at http://www.kkeane.com (always under construction)

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http://www.ingopakleppa.com ! Comments are welcome.

julieb Jul 21st 2003 12:51 pm

Re: deported from usa please help
 

Originally posted by David
i was deported from us in october 2002 i was deported because i over stayed
on visa waiver i was banned from going back to the us as a tourist for 10
years,since i got back to uk my gf from america came to the uk and we got
married,my question to any one who knows will i be able to go back to the us
as my wifes husband as she is a american citizen
I overstayed due to bad advice( this is no excuse) and was subject to a 3 year bar.
You will have to apply for a waiver in this case.
A lot of things are taken into consideration, did you leave voluntarily or was you tracked down?Did you work without authorization? What hardships would your wife suffer if you are not allowed to return to the US?Does she have an illness etc?
If you have not been working in the US(which you should not have been) You cannot prove that she needs your financial help.
We could not afford help from an attorney but I found out a lot from this forum and from the net...if you can afford an attorney then do it as they may find a way for you.
One thing I will add is that if it is a 212 waiver you will need then the British Embassy DO take into consderation your hardship(not just your spouse)...I have been through this and know that for a fact!
This is not going to be an easy time for you...what you need to do first is apply for a K3 visa as this takes a while to process you can try to build a case for a waiver...you CANNOT apply for a waiver until the K3 visa has been processed and you have been denied at your Embassy visa interview.
Hope this helps.
I am not in any legal profession...this is just advice based on my own experience.

Julie


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