Visa Waiver Program !!!! IMPOSED 10 YR BAN ??

[Nina and Erwin 16]

Found out today by a paper faxed to me from the ICE department!! This is what it states... Someone Help with Clarification!! Cause i am about to just have my head spin!!!

Dear, ( Aliens full name)

You have been found to be inadmissible to the United State under the provision of section 212(a) of the Immigration and Nationality Act or deportable under the provisions of section 237 of the Act as a Visa Waiver Pilot Program Violator. In accordance with the provisions of the section 212 (a)(9) of the Act, you are prohibited from entering, attempting to enter, or being in the United States (XXX) for a period of 10 years from the date of your departure from the United States as a CONSEQUENCE of your having been ordered removed in proceedings under any section of the Act other than section 235(b)(1)or 240, or of your having been ordered excluded under section 236 of the Act in proceedings commenced prior to April 1,1997.

This is on form number I-296 (8/1/07) Notice to Alien Ordered Removed/ Departure Verification

I am just beside myself... Due to I have talked to the USCIS, they say a BAN is only imposed After a overstay of 180 days ( he's only been here by the time he Departs Aug 30th 110 days) This is after talking to US Senators office of Carl Levin whos office is actively involved with Department of Homeland security his entire career. They state that is not how they understand the law to be. That as long as he is under 180 days NO BAN. He has DONE NOTHING!!! WHY?

[belinda63 2,981]

When a person is deported they usually ban them from entry to the US. I have really only heard of this with EWI but will do a little research on it. Right now you should be checking to see if a waiver is available.

[Anh map 2,098]

I would consult a qualified immigration attorney. This seems too important to leave to a group like VJ no matter how well meant the advice.

[belinda63 2,981]

Let me clarify a little. Anyone who overstays for more than 180 automatically has a ban. What I meant was a person who was deported, not a voluntary departure, having a 10 year ban.

[Penguin_ie 5,986]

The above is correct.

That being said... ICE told you this by fax? That seems a bit strange, especially if you have a lawyer. Are you sure it is genuine?

[Nina and Erwin 16]

Let me clarify a little. Anyone who overstays for more than 180 automatically has a ban. What I meant was a person who was deported, not a voluntary departure, having a 10 year ban.

That's one of the questions... is since he was overstay less then 180 day BUT was Deported ( by the way by the other side of his own round trip ticket) Is this ban valid? Why is this ban imposed? Senators office says, that is NOT up to the ICE department, and that the Embassy at the interview in Beligum IF the I-130 is approved and gets that far. That it will be up to the embassy to decide if there is a BAN, how long, and what waiver would be needed. - BUT remember that it what the Senators office ( Carl Levins michigan) stated.

But the paper states.. as i wrote above. I don't think that THEY ( government) knows what to do with it... and they are making it up as they go.. <sigh>

[Nina and Erwin 16]

The above is correct.

That being said... ICE told you this by fax? That seems a bit strange, especially if you have a lawyer. Are you sure it is genuine?

Positvie... She is with ICE, have met her in person at the federal building, have talked to her numerous times on the phone. I asked her today for clarification... due to my attorney stated that since he is STILL here... then we should get at least the prepared form I-212 to him so he can sign before he goes. BUT he finished that statement .. saying " I don't think he will need it.. due to I don't think he will be imposed a ban". So I called the ICE officer.. and said.. Erica ( the ICE officer) I have a question.. ??? Is he imposed a BAN? She stated "yes".. of course you could have picked me up from the Floor.. I said " Where does it state that?" She said " on his deportation papers" I said " i don't have a copy, will you fax that to me? This would have been good to know before now." She said " I will fax it to you, but yes he has a BAN". 10 minutes later.. here comes the fax.. and BOOM!!! Have been trying to gather my thoughts ever since on " WHAT TO DO NOW?" ...Any help research advise... anything in a direction to see how to handle this would be greatly appreciated. .. Thanks for everyone sticking together.. Maybe one day the government will figure out how to handle this without Tearing appart families.

Fingers crossed.. and lots of prayers.

I would consult a qualified immigration attorney. This seems too important to leave to a group like VJ no matter how well meant the advice.

I agree...!!! If I could find someone that.. know what they are talking about... LOL... I get a different story depending what offical i talk to.. (sigh)

[Boiler 43,619]

There is a ban for an overstay, not seemingly applicable in this case.

There is a ban for deportation. This is the ban you will need to address by a waiver.

[NigeriaorBust 4,087]

Is there some other reason why ICE was interested in him ? Any crimes ?

[Nina and Erwin 16]

Is there some other reason why ICE was interested in him ? Any crimes ?

Nope ... Jealous ex husband, and nosey family feeding him information. Of Course now they didn't realize what he intended on doing with that information. So here we are. =(

[Bobby+Umit 161]

There is a ban for an overstay, not seemingly applicable in this case.

There is a ban for deportation. This is the ban you will need to address by a waiver.

10 years is the normal ban for deportation.

[Dan J 277]

Found out today by a paper faxed to me from the ICE department!! This is what it states... Someone Help with Clarification!! Cause i am about to just have my head spin!!!

Dear, ( Aliens full name)

You have been found to be inadmissible to the United State under the provision of section 212(a) of the Immigration and Nationality Act or deportable under the provisions of section 237 of the Act as a Visa Waiver Pilot Program Violator. In accordance with the provisions of the section 212 (a)(9) of the Act, you are prohibited from entering, attempting to enter, or being in the United States (XXX) for a period of 10 years from the date of your departure from the United States as a CONSEQUENCE of your having been ordered removed in proceedings under any section of the Act other than section 235(b)(1)or 240, or of your having been ordered excluded under section 236 of the Act in proceedings commenced prior to April 1,1997.

This is on form number I-296 (8/1/07) Notice to Alien Ordered Removed/ Departure Verification

I am just beside myself... Due to I have talked to the USCIS, they say a BAN is only imposed After a overstay of 180 days ( he's only been here by the time he Departs Aug 30th 110 days) This is after talking to US Senators office of Carl Levin whos office is actively involved with Department of Homeland security his entire career. They state that is not how they understand the law to be. That as long as he is under 180 days NO BAN. He has DONE NOTHING!!! WHY?

Your husband is not receiving a ban for overstay. He is receiving a ban for deportation. If he had left without being deported, he would not have received a ban.

[Darnell 8,478]

ok ok - wait a mo -

I remember some stuff about your case, actually. Just re-read your prior posts, too.

ICE is being pro-active now.

If you wish to be married to this man, suggest you marry him when yer on that maternity leave, in Belgium, then when you return to USA, file the I-130.

Down the road, expect to be 'found inadmissable' on interview day, and have pre-filled waiver papers in hand to turn in, on interview day.

I've no other advice for 'now', except to inquire about any attorney-engagement during his incarceration .

[Nina and Erwin 16]

ok ok - wait a mo -

I remember some stuff about your case, actually. Just re-read your prior posts, too.

ICE is being pro-active now.

If you wish to be married to this man, suggest you marry him when yer on that maternity leave, in Belgium, then when you return to USA, file the I-130.

Down the road, expect to be 'found inadmissable' on interview day, and have pre-filled waiver papers in hand to turn in, on interview day.

I've no other advice for 'now', except to inquire about any attorney-engagement during his incarceration .

You are absolutely correct. Expect to update, ICE allowed me to marry him on July 22nd while he was still here. The I-130 has been sent today by UPS by my attorney, and that is the exactly the position we are taking that JUST IN CASE we are going to prepare the I-212 wavier and have it ready for his interview in Beligum so that it can be filed then if it is needed, and if they will take it in the interview.

[Bobby+Umit 161]

You are absolutely correct. Expect to update, ICE allowed me to marry him on July 22nd while he was still here. The I-130 has been sent today by UPS by my attorney, and that is the exactly the position we are taking that JUST IN CASE we are going to prepare the I-212 wavier and have it ready for his interview in Beligum so that it can be filed then if it is needed, and if they will take it in the interview.

Not to get to personal - but why didn't you two get married and file for the AOS prior to the I-94 expiring?

(I'm am tracking cases like this)