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

[Nina and Erwin 16]

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)

Well... readers digest version... - Cause my now ex husband was an ex for alot longer then on paper. So when Erwin and I's relationship progressed, I hired an attorney to file for divorce. My fault that i dragged my feet about. So when the attorney i hired dragged his feet.. well problems started!!!

It looked like this on paper ( While we (the ex ) were together - relationship was already rocky - then my now ex lost job july '08, we became roommates, by Oct 08 he was fully depressed - sought no help, by June 09 with lots of time on his hands - he started cheating, by nov 09 i had enough -he then moved out, I met Erwin online who was a shoulder to cry on at first, and then became a vacation/ interest - i then went to his country Dec 09 then went back Jan 2010 for a relationship talk, and was terribly missing him. He then came to see how I lived here in the US on a VWP Feb 14th 2010 valentines day - 90 days to May 12th 2010, found out i was pregnant. Filed for Divorce ( or i thought it was filed) Mar 2010 attorney paid in full, end of March lost the baby. Middle of April 2010 Erwin went to return home - Volcano Blew - no fly, no ticket. May 3rd 2010 Court date for Divorce - due to my attorney didn't file the actual divorce paperwork until 4/22/10 - Judge couldn't waive the 60 day required waiting period that my lazy attorney requested due to he waited so long to file. My divorce wasn't final until 6/22/10. 42 days after VWP expired.

With the divorce final we planned to get married over July 4th weekend ( independence day - we have a thing with meanings and holidays ) To late Erwin was picked up 6/29/10 by ICE immigration. July 2nd found out was pregnant, July 22nd ICE allowed us to marry while he was detained... and now here we are.. Will Deport in 2 days, and I-130 sent out TODAY BY UPS. So we will see.

So to ask you a question? I'm really interested as to your reason for tracking cases like mine... cause I think that this (OURS/and OTHERS) situation like THIS needs to be looked into. Due to HOW the VWP operates, HOW immigration handles allowing these prefered persons into our country, THEN they have NO RIGHTS, to a Judge, an attorney, NO BOND, no hearing - Just DEPORT!! PERIOD!! Difference with these individuals is they in advance requested permission to be here VS a situation where undocumented with NO PERMISSION individuals have RIGHTS to Judge, Bond, hearings, appeals... and years in the country waiting decision. Interested in your and other thoughts on this.. I am glad you inquired.. I am sorry if i gave you to much. LOL!! I started with the readers digest version... sorry if i got passionate. LOL... So now i have a Marriage on paper.. by phone calls, letters.. and a child on the way.. with NO husband or intended family. Thank you for taking the time to read.. Let me know what you think. =)

[Boiler 43,719]

It is a two sided thing, you waive your rights, you get entry without going through the Visa process.

http://www.nytimes.com/2010/08/27/us/27immig.html?_r=3

This article covers a recent change of policy that sort of address's your complaint.

[Nina and Erwin 16]

It is a two sided thing, you waive your rights, you get entry without going through the Visa process.

http://www.nytimes.com/2010/08/27/us/27immig.html?_r=3

This article covers a recent change of policy that sort of address's your complaint.

Do you agree with that?

[Nina and Erwin 16]

It is a two sided thing, you waive your rights, you get entry without going through the Visa process.

http://www.nytimes.com/2010/08/27/us/27immig.html?_r=3

This article covers a recent change of policy that sort of address's your complaint.

I thank you very much for the article... It does address ( sort of) ... our situation. The only issue with it is, it does not address the VWP. That is the big issue... the article addresses aliens that are undocumented or did not enter on the VWP. He has no RIGHTS to a hearing, or to adjust, NONE!!! Just Deport.

[Boiler 43,719]

You have to have some means of adjusting, and except in very rare cases somebody who entered without inspection does not.

Admittedly they are not saving court time where the VWP is involved but the policy does not exclude VWP entrants.

[Nina and Erwin 16]

You have to have some means of adjusting, and except in very rare cases somebody who entered without inspection does not.

Admittedly they are not saving court time where the VWP is involved but the policy does not exclude VWP entrants.

" but the policy does not exclude VWP entrants" Your right... No it doesn't..

But... It would have been fabulous if this article did cover the VWP... cause i would have been on the phone like a mad woman trying to stop his deport..LOL. I just think that they (immigration - actually congress) meant well with the Visa Waiver program, but i don't think they realized .. or maybe they did. That these individuals that came in on that program would inevitability be treated like second class. Similar to OUR countries past - on women and blacks... they had NO RIGHTS.

[NigeriaorBust 4,087]

Visitors and intending immigrants have no rights, this is true. And when they stick their nose up at the rules surrounding the privilege they get treated poorly. The real answer is that they ( the visitor) has no right to break the rules. And even less right to break the rules and expect not to get into trouble. Feel fortunate that our country just sends them home and treats them in fairly nice facilities. You don't get the same treatment else where when you break the rules.

[Nina and Erwin 16]

Visitors and intending immigrants have no rights, this is true. And when they stick their nose up at the rules surrounding the privilege they get treated poorly. The real answer is that they ( the visitor) has no right to break the rules. And even less right to break the rules and expect not to get into trouble. Feel fortunate that our country just sends them home and treats them in fairly nice facilities. You don't get the same treatment else where when you break the rules.

Absolutely... If a USC broke the rules.. or anyone else then Yes there will be consequences. There was no part in OUR story that we stuck our nose up at the system. There was circumstances that were unavoidable .. for instance the ticket and the volcano. On the VWP there is NO .. NO MATTER WHAT.. an extension of STAY. So now with NO round trip ticket.. and a $3k airplane ticket to get him home. He can't work - he was illegal.. so I would have to pay for that Ticket.. I couldn't afford to spend that. We were stuck.. So we had to take our chances.. BUT if he would have been an illegal that came across the boarder undocumented, and not have been an prefered vistior ( WVP enterant) then we could have filed for court proceedings. Im not saying that we would have won.. BUT we would have more of a Chance.. then NOW.

[Boiler 43,719]

They did extend that stay of those who were unable to travel due to the volcano.

You did not lose your return ticket if your flight was cancelled, you would have been re booked.

[Nina and Erwin 16]

They did extend that stay of those who were unable to travel due to the volcano.

You did not lose your return ticket if your flight was cancelled, you would have been re booked.

They Only extended the stays of those whos visa was up to expire during a few days of that event.. He wasn't due to expire until 5/12/10 so he wasn't able to apply for an extension..And Yes KLM did not honor his ticket. Matter of fact.. immigration JUST got KLM to honor the other side of THAT ticket. That is what he is NOW flying out on. But that was only after Immigration got involved..

[Boiler 43,719]

Aliens admitted under the VWP who cannot depart the United States due to the current volcanic-ash-caused flight disruptions may apply to either USCIS or CBP for a 30-day grant of Satisfactory Departure pursuant to 8 CFR 217.3(a).

There must have been tens of thousands of passengers who successfully rebooked on KLM. If one airline had refused to rebook, I am sure it would have made the news.

Water under the bridge now.

PS KLM are obliged to repatriate under these circumstances. Part of the deal for being able to bring in tourists.

Edited August 28, 2010 by Boiler

[belinda63 2,981]

Well to follow your argument that he should be treated the same as an illegal immigrant he would be looking at months in detention, being shuffled from center to center where you may not even know where he is being held, and possibly being denied medical care. He would have his day in court but he is not entitled to legal representation unless he pays for it (which would cost as much as the return ticket that would have prevented this) and what would his argument be? Well there was the volcano and then rather than re-booking my flight at no charge I decided to overstay and get married and file for AOS?

The VWP is a way for persons from certain countries to not have to go through the hassle and expense of obtaining a visa. By not having to apply for and be interviewed for the visa they waive certain rights in return. He certainly had the option of applying for a B-1 visa to come visit and then he would have the rights to a hearing prior to being deported.

While I feel your frustration I don't believe you are justified in blaming the system when the fault was yours.

[Boiler 43,719]

B1 is for Business, this would have been a B2.

[Nina and Erwin 16]

Well to follow your argument that he should be treated the same as an illegal immigrant he would be looking at months in detention, being shuffled from center to center where you may not even know where he is being held, and possibly being denied medical care. He would have his day in court but he is not entitled to legal representation unless he pays for it (which would cost as much as the return ticket that would have prevented this) and what would his argument be? Well there was the volcano and then rather than re-booking my flight at no charge I decided to overstay and get married and file for AOS?

The VWP is a way for persons from certain countries to not have to go through the hassle and expense of obtaining a visa. By not having to apply for and be interviewed for the visa they waive certain rights in return. He certainly had the option of applying for a B-1 visa to come visit and then he would have the rights to a hearing prior to being deported.

While I feel your frustration I don't believe you are justified in blaming the system when the fault was yours.

You think the system is not flawed? I am not blaming the system for our risks or decisions or the fact that KLM did not honor his ticket.. We were in an emotional situation.. and from the begining had a series of events. Handled them the best way we could at the time. Hind site is always 20/20 ... But If i take you back to the day that we started talking about his coming for a visit, him taking a vacation here. From the first moment that we typed into Google about traveling to the US - the visa waiver program was put in our face. IF i knew then what i no now.. we would have just done the stupid B2 and called it a day. BUT he was only coming for a short period of time, and had some vacation time coming.. SO.. it was just what made sense at the time. Little did we know.. that i would be pregnant, little did we know that he would enjoy being with me as much as i did him... etc.. ALSO little did we know.. what exactly he would be giving up.. if the worst happened .. and the worst happened.

[Nina and Erwin 16]

Aliens admitted under the VWP who cannot depart the United States due to the current volcanic-ash-caused flight disruptions may apply to either USCIS or CBP for a 30-day grant of Satisfactory Departure pursuant to 8 CFR 217.3(a).

There must have been tens of thousands of passengers who successfully rebooked on KLM. If one airline had refused to rebook, I am sure it would have made the news.

Water under the bridge now.

PS KLM are obliged to repatriate under these circumstances. Part of the deal for being able to bring in tourists.

Forgive me if i am wrong.. but sounds a little like you are insinuating that the rebook.. might be made up. For lack of better words.. like lier. It is water under the bridge. Nothing to change about it now. Today is what it is. I am alittle confused why we complain about the system, we help others when the system fails.. but we are also the first to assume that some where along the lines.. that someone MUST be embellishing the story. I came here.. and continue our conversation for help, advise, a different point of view.. cause i don't know it all.. but i don't come here to continuously defend our dumb, emotional, uneducated decisions. We fell in love before he came, he wanted to see how i live, make sure i am not a irresponsible woman, who doesn't take care of her kids, or not pay my bills, or not clean my house .. or if we can have a Bathroom routine that doesn't include that i get mad that he doesn't rinse his tooth brush.. or put down the toilet seat.. ( which he does all those things) or that i shower every day.. LOL.. That we like the same movie or if we can lay of the couch together without being to hot.. and complain that there is not enough room.. he came to see..if we were the same. If we were compatable, to see if this could be as good as it was when i was in HIS home. So.. Pregnant.. in love, tired, stupid, me... didn't do her homework.. and we flew by the seat of our pants. LOL. Now... we need help with what to do to clean up the mess. Cause it is a mess. Sorry for ranting .. but i respect your opinion.. help, advise .. that is what we need now. =)