Questions about overstay from F1, marriage, never filed papers, how can one stay?

[Roel 7,191]

30 minutes ago, aaron2020 said:

The work permits are not free.  These paroled individuals must pay the fee for the EAD.

Did you notice the " " ?

[Cheezees 1,514]

He is not permanent resident so any suspension of deportation argument flies out the door. 

[USAMorocco 143]

2 hours ago, aaron2020 said:

People.  This story is not BS.   Google "Suspension of Deportation."  Under certain circumstances where the US can not deport a person, then it's possible to get an order to suspend the deportation.  The individual is parole into society and can obtain a work permit.  

 

For example; Vietnamese who become LPRs before the US and Vietnam normalized relationship in 1995 can not be deported to Vietnam because the normalization agreement specifically states that Vietnam has no legal obligation to accept Vietnamese LPRs who arrived in the US before 1995 if the US orders that person to be deported.  Because Vietnam will not accept them and they can't be deported to a third country, it would violate the cruel and unusual punishment clause of the Constitution to keep them locked up forever.  They get a suspension of their deportations and are released into society and can obtain work permits while waiting for deportation if and when it becomes possible to deport them.  These paroled individuals must check in with Homeland Security periodically at least once a year.

 

https://www.law.cornell.edu/wex/suspension_of_deportation

 

 

That is what he told me.  He told me his country will not take him. Therefore the USA has nothing to do with him.  According to him (he never said if he paid for his working permit or not) but he has to sign in every 6 months with immigration and it keeps his working papers current. If at anytime he doesn't sign in and check in with them he can get in trouble.  Again he didn't say what would happen.  According to his government they are "looking" for his papers to send to immigration. They have been looking for years.  Is he lying I'm not sure.  But...just thought I would throw this out here to see if anyone at all has ever heard anything like this and had any answers. It is what it is.  I guess next time he will think before breaking the law. ?

[David & Diana R 1,005]

9 hours ago, USAMorocco said:

Mods please put this in the right forum if this is not the correct one. 

 

I have a question for someone else: here is the story.

 

a man came here 16 years ago on a F1 from Senegal. He never was granted citizenship or applied.  However he married a woman and never got divorced. They also never filed Papers for him.  He didn't want her to think he was using her.  He has worked all his life and because he lost his passport years ago they cannot deport him back to his county.  As it stands now he has not gotten a divorce, nor has he spoken with his wife in over 5 years. He also has a deportation order BUT since he has no travel docs immigration cannot deport him. They gave him a work permit and he said he has to go sign in every 5 or 6 months with immigration because when they do finally get his travel docs they will deport him.  

 

His question was...is there anyway he can stay here since he was married?  I am not sure how to answer or if the divorce waiver applies to him? If his overstay would be forgiven because he was married? I'm not asking for anyone to give me illegal means of staying...he asked if there was a legal path.  Thank you in advance.  I appreciate anyone's help. 

Somethings fishy here???

[Atlanta789 9]

Actually, it's true that you cannot be deported if you do not have a travel document and if your country refuses to issue you one. It's also true that if your country doesn't want to give you a travel document ICE cannot  hold you for more than 180 days (if deportation is unlikely) unless you're in a certain category of criminal like a terrorist. The US Supreme case that deals with that is Zadvydas v. Davis, 533 U.S. 678 (2001). They release you and you have to check in periodically and you also get a work permit so you can support yourself. If they didn't give you a work permit they'd have to give you welfare so this is better for the govt. Senegal is one of the countries that does not accept illegals back. I'm attaching the testimony from ICE for anyone interested in reading more about this.

https://www.dhs.gov/news/2016/07/14/written-testimony-ice-house-committee-oversight-and-government-reform-hearing-titled

 

"...

The removal process is impacted by the level of cooperation offered by our foreign partners. As the Committee is aware, in order for ICE to effectuate a removal, two things are generally required: (1) an administratively final order of removal and (2) a travel document issued by a foreign government. Although the majority of countries adhere to their international obligation to accept the return of their citizens who are not eligible to remain in the United States, ICE faces unique challenges with those countries that systematically refuse or delay the repatriation of their nationals. Such countries are considered to be uncooperative or recalcitrant, and they significantly exacerbate the challenges ICE faces in light of the U.S. Supreme Court’s decision in Zadvydas v. Davis, 533 U.S. 678 (2001).

In Zadvydas, the Court effectively held that aliens subject to final orders of removal may generally not be detained beyond a presumptively reasonable period of 180 days, unless there is a significant likelihood of removal in the reasonably foreseeable future. Regulations were issued in the wake of Zadvydas to allow for detention beyond that period in a narrow category of cases involving special circumstances, including certain terrorist and dangerous individuals with violent criminal histories. Those regulations have faced significant legal challenges in federal court. Consequently, ICE has been compelled to release thousands of individuals, including many with criminal convictions, some of whom have gone on to commit additional crimes."

 

"..... Another possible tool is ICE requesting the issuance of a Demarche to the recalcitrant country by DOS. If that does not achieve results, a joint meeting between ICE, DOS Consular Affairs, and the Ambassador of the uncooperative nation can occur. Within the last two fiscal years ICE has worked with DOS to issue 17 Demarches to Iraq, Algeria, Bangladesh, Cape Verde, Ivory Coast, Eritrea, The Gambia, Ghana, Guinea, Liberia, Mali, Mauritania, Niger, Sierra Leone, Senega, Cuba and St. Lucia. Although Algeria remains on the list of recalcitrant countries, the Algerian government committed to address the issue and has issued a handful—but not all—or the required travel documents since then. "

 

[USAMorocco 143]

49 minutes ago, Atlanta789 said:

Actually, it's true that you cannot be deported if you do not have a travel document and if your country refuses to issue you one. It's also true that if your country doesn't want to give you a travel document ICE cannot  hold you for more than 180 days (if deportation is unlikely) unless you're in a certain category of criminal like a terrorist. The US Supreme case that deals with that is Zadvydas v. Davis, 533 U.S. 678 (2001). They release you and you have to check in periodically and you also get a work permit so you can support yourself. If they didn't give you a work permit they'd have to give you welfare so this is better for the govt. Senegal is one of the countries that does not accept illegals back. I'm attaching the testimony from ICE for anyone interested in reading more about this.

https://www.dhs.gov/news/2016/07/14/written-testimony-ice-house-committee-oversight-and-government-reform-hearing-titled

 

"...

The removal process is impacted by the level of cooperation offered by our foreign partners. As the Committee is aware, in order for ICE to effectuate a removal, two things are generally required: (1) an administratively final order of removal and (2) a travel document issued by a foreign government. Although the majority of countries adhere to their international obligation to accept the return of their citizens who are not eligible to remain in the United States, ICE faces unique challenges with those countries that systematically refuse or delay the repatriation of their nationals. Such countries are considered to be uncooperative or recalcitrant, and they significantly exacerbate the challenges ICE faces in light of the U.S. Supreme Court’s decision in Zadvydas v. Davis, 533 U.S. 678 (2001).

In Zadvydas, the Court effectively held that aliens subject to final orders of removal may generally not be detained beyond a presumptively reasonable period of 180 days, unless there is a significant likelihood of removal in the reasonably foreseeable future. Regulations were issued in the wake of Zadvydas to allow for detention beyond that period in a narrow category of cases involving special circumstances, including certain terrorist and dangerous individuals with violent criminal histories. Those regulations have faced significant legal challenges in federal court. Consequently, ICE has been compelled to release thousands of individuals, including many with criminal convictions, some of whom have gone on to commit additional crimes."

 

"..... Another possible tool is ICE requesting the issuance of a Demarche to the recalcitrant country by DOS. If that does not achieve results, a joint meeting between ICE, DOS Consular Affairs, and the Ambassador of the uncooperative nation can occur. Within the last two fiscal years ICE has worked with DOS to issue 17 Demarches to Iraq, Algeria, Bangladesh, Cape Verde, Ivory Coast, Eritrea, The Gambia, Ghana, Guinea, Liberia, Mali, Mauritania, Niger, Sierra Leone, Senega, Cuba and St. Lucia. Although Algeria remains on the list of recalcitrant countries, the Algerian government committed to address the issue and has issued a handful—but not all—or the required travel documents since then. "

 

Thanks for this info! 

[discoverusa 235]

8 hours ago, aaron2020 said:

People.  This story is not BS.   Google "Suspension of Deportation."  Under certain circumstances where the US can not deport a person, then it's possible to get an order to suspend the deportation.  The individual is parole into society and can obtain a work permit.  

 

For example; Vietnamese who become LPRs before the US and Vietnam normalized relationship in 1995 can not be deported to Vietnam because the normalization agreement specifically states that Vietnam has no legal obligation to accept Vietnamese LPRs who arrived in the US before 1995 if the US orders that person to be deported.  Because Vietnam will not accept them and they can't be deported to a third country, it would violate the cruel and unusual punishment clause of the Constitution to keep them locked up forever.  They get a suspension of their deportations and are released into society and can obtain work permits while waiting for deportation if and when it becomes possible to deport them.  These paroled individuals must check in with Homeland Security periodically at least once a year.

 

https://www.law.cornell.edu/wex/suspension_of_deportation

aaron2020 you never cease to impress me with your knowledge. This case is incredibly interesting from the legal standpoint.

 

 

 

[Boiler 43,852]

Playing the system, not exactly uncommon.

 

Next thread why do people from Senegal etc have a hard time getting a visa.

[Hypnos 6,576]

Surprised this hasn't been mentioned yet, but the fact that he hasn't spoken to his wife in five years means it isn't a bona fide marriage to adjust from. 

 

Obviously there's a lot of other things going on, as mentioned above, but adjusting isn't possible either. 

[SunDrop 59]

If they've never divorced, they'd both be best served by doing so before he gets deported. I can't even imagine how difficult it would be for her if she ever wants to remarry. Granted, they've not spoken for years, but wow....

[sparkles_ 456]

Hello! Please read my signature. We have felt with similar....but not as bad. 

 

This person has a 220-b order on them. Release with period check in. Being deportable versus having a deportation order are different things so I don't think he has actually been ordered deported yet. Or else his 220-b would be cancelled. He is most likely still on the 220-b, checking in and awaiting court which can takes years in some places, no joke. 

 

Lets assume he is only removable versus being ordered removed. He could find the wife and work it out and probably be ok. File a stand alone i130, wait a long time, and be approved therefore terminating removal.  But that 5yr gap....hard to over come. 

 

Or he can legally divorce and remarry. Also giving a relief to removal but also marrying while in removal proceedings means a stokes interview for that stand alone i130 as it is presumed a sham marriage if you marry while in removal. As in, don't even try that mess, it would fail unless this person happened to be dating someone already long term and got married. 

 

You can PM me but I usually advise folks to mind their business and worry over their own immigration and let someone else's hot mess ride. 

Edited January 28, 2017 by sparkles_

[USAMorocco 143]

On 1/28/2017 at 3:48 PM, sparkles_ said:

Hello! Please read my signature. We have felt with similar....but not as bad. 

 

This person has a 220-b order on them. Release with period check in. Being deportable versus having a deportation order are different things so I don't think he has actually been ordered deported yet. Or else his 220-b would be cancelled. He is most likely still on the 220-b, checking in and awaiting court which can takes years in some places, no joke. 

 

Lets assume he is only removable versus being ordered removed. He could find the wife and work it out and probably be ok. File a stand alone i130, wait a long time, and be approved therefore terminating removal.  But that 5yr gap....hard to over come. 

 

Or he can legally divorce and remarry. Also giving a relief to removal but also marrying while in removal proceedings means a stokes interview for that stand alone i130 as it is presumed a sham marriage if you marry while in removal. As in, don't even try that mess, it would fail unless this person happened to be dating someone already long term and got married. 

 

You can PM me but I usually advise folks to mind their business and worry over their own immigration and let someone else's hot mess ride. 

I simply told this gentleman to do his research and use google. I told him at this point he may or may not have avenues to stay here but he has to look for them. Like you said I am about to start the AOS process for my fiancé as soon as we get married in the next 2 weeks or so. I don't need to worry about him. That is a mess too.