ESTA Expiration / ICE Removal Proceedings / I-94 doubts, doubts and more doubts.

[MichaelMiguel 7]

First of all, I apologize if this isn't the right place to post this.

 

With that said....I received not long ago an email from ESTA reminding me that it’s validity to be used to enter the country through VWP would expire soon and if I wanted to enter the US again I’d have to re-apply. I was talking to my wife about this and the I-94 topic and stuff we need to take care of for my process, between talking amongst ourselves and family members, mixed with internet searches, speculations, a lot of doubts started to creep up. These are the top 4 ones that we would like to see clarified (even though I doubt a few of them). And bare with me, some of them are probably completely ridiculous (or at least we hope).

 

• ESTA EXPIRATION CAN LEAD TO ICE REMOVAL PROCEEDINGS AGAINST AN INDIVIDUAL. WE SHOULD FILE BEFORE IT’S EXPIRATION.

I find it kinda hard to believe one thing is related to another since the ESTA is basically to grant you access to enter the US without a VISA (visa waiver program). Since I overstayed my visa already is the ESTA issue even relevant to ICE/CBP? I mean, if I already overstayed my visa doesn’t this mean i am automatically disqualified from ever being eligible to the VWP through ESTA? How could this be related to ICE? Should we just file before the ESTA expires?

 

• CHECKING YOUR I-94 STATUS ON THE CBP SITE CAN EXACERBATE AND/OR INITIATE REMOVAL PROCEEDINGS ESPECIALLY IF ESTA HAS EXPIRED AND/OR YOU HAVE OVERSTAYED

As I was trying to fill out my I-485 I was checking to see if I had or could access my I-94 document on the CBP site. Which I couldn’t. I later read on the USCIS site that if I was never given this paper the stamp on my passport will do. Anyone know if this is the case btw?

Also, am I at risk because I checked the CBP site, IE, did I flag myself because I entered my info in the website as they were telling me?

 

• IT COULD BE THAT I ALREADY HAVE PROCEEDINGS AGAINST ME AND NOT EVEN KNOW IT (MOSTLY DUE TO CHECKING THE CBP SITE)

Now, this one I worry a little about since it would nullify the AoS. So, is there anyway to know this? I heard they will mail you but what if you recently moved?

 

• EVEN IF CBP LET ME ENTER THE COUNTRY THE PATROL OFFICER COULD HAVE FLAGGED ME ON HIS COMPUTER IF HE HAD ANY SUSPICIONS AND STILL LET ME ENTER THE US. THIS WOULD LATER BE USED AGAINST ME IF I EVER APPLIED FOR AOS/ETC.

I have no clue what to say to that other than, geez. I mean, I’m already out of status and in the country, talk about messing with your mind. Why even bother apply or anything? Some of the stuff on the net just makes it seem like a dubious lost cause. But, if you have intent to migrate it could be flagged by the border patrol officer and this could be pulled up in your application review? Wouldn't the patrol officer just deny your entry instead?

 

Now I tried to check some of this info out, to see what would apply to our case but it’s hard to tell, especially with the ESTA expiration. All I was able to get was a depression thinking the ICE is coming for me 24/7 and even if it doesn't, it's a lost cause since we will be flagged on our interview.

 

Any thoughts? Are we overreacting?

 

Thanks!

[milimelo 4,270]

Read today’s New York Times- article on ICE picking up folks with deportation orders. 

 

That’s not your case but ESTA doesn’t give you 100% they won’t deny your AOS. Perhaps consult with an attorney? 

[Villanelle 4,121]

Theres alot of information online. Not all of it applies to every situation. Context and details are important.

 

So whats going on? Did you enter via the VWP/ESTA? Did you subsequently get married or where you married when you entered. How long have you been here/when did your status expire? When are you planning on filing AOS? Basically without some kind of explanation of who you are/whats going on its hard to address the questions you have. 

[MichaelMiguel 7]

6 minutes ago, Damara said:

Theres alot of information online. Not all of it applies to every situation. Context and details are important.

 

So whats going on? Did you enter via the VWP/ESTA? Did you subsequently get married or where you married when you entered. How long have you been here/when did your status expire? When are you planning on filing AOS? Basically without some kind of explanation of who you are/whats going on its hard to address the questions you have. 

Right, I actually didn't provide any details about my situation. Just a bunch of questions.

 

I entered via VWP last year and got married not long after. I have been here for a year roughly and have yet to apply for AoS for several reasons, mostly financial. My 90 days expired almost a year ago.

I am planning to file for AoS as soon as possible, planing on next month (the ESTA that allows me to re-enter the US expires around the 10th of may if I'm not mistaken, hence why I was curious to know if it was pressing to file before that).

 

Anything else you need to know that you find relevant don't hesitate to ask.

 

Thank you!

[MichaelMiguel 7]

45 minutes ago, milimelo said:

Read today’s New York Times- article on ICE picking up folks with deportation orders. 

 

That’s not your case but ESTA doesn’t give you 100% they won’t deny your AOS. Perhaps consult with an attorney? 

Last case scenario I'd have to go through an attorney, just trying to gather all the needed funds right now and an attorney is really our last resort.

[MyJourney 276]

Apply as soon as possible. Overstay is usually forgiven (this is what I read, I don't have first-hand experience though). If no criminal stuff is involved,  if you paid taxes, and if your marriage is deemed bona fide and there is no threat of you becoming a public charge, there is really nothing to worry about. 
Your overstay disqualifies you from esta/vwp in the future, but, if your case is approved, this means literally nothing to you. 
But it was my impression that it is very important to prepare a sound application, because if your case is denied there is no right to dispute that for ESTA filers (which is a huge risk), if I am not mistaken.

Edited April 19, 2018 by MyJourney

[MichaelMiguel 7]

6 minutes ago, MyJourney said:

Apply as soon as possible. Overstay is usually forgiven (this is what I read, I don't have first-hand experience though). If no criminal stuff is involved,  if you paid taxes, and if your marriage is deemed bona fide and there is no threat of you becoming a public charge, there is really nothing to worry about. 
Your overstay disqualifies you from esta/vwp in the future, but, if your case is approved, this means literally nothing to you. 
But it was my impression that it is very important to prepare a sound application, because if your case is denied there is no right to dispute that for ESTA filers (which is a huge risk), if I am not mistaken.

Got it! Thanks a lot!

 

I am indeed planning to file ASAP. With a bit of luck even before the 10th, even though the more I read the more irrelevant the ESTA expiration seems for my case.

Your reading was also the impression I got from the ESTA/VWP too, it's irrelevant since if I become a citizen I won't need it and if I don't they won't accept me in the VWP program anyway. So the ESTA/VWP path is shut down for good for me.

 

The relationship is bona fide and luckily I have no criminal background. I don't work yet (no SSN) so I haven't really paid taxes even though I am wondering if I do need to file taxes regardless of having no income and not being a citizen/resident (this is a question for another post I assume).

Thanks!

[MyJourney 276]

2 minutes ago, MichaelMiguel said:

Got it! Thanks a lot!

 

I am indeed planning to file ASAP. With a bit of luck even before the 10th, even though the more I read the more irrelevant the ESTA expiration seems for my case.

Your reading was also the impression I got from the ESTA/VWP too, it's irrelevant since if I become a citizen I won't need it and if I don't they won't accept me in the VWP program anyway. So the ESTA/VWP path is shut down for good for me.

 

The relationship is bona fide and luckily I have no criminal background. I don't work yet (no SSN) so I haven't really paid taxes even though I am wondering if I do need to file taxes regardless of having no income and not being a citizen/resident (this is a question for another post I assume).

Thanks!

You are not required to file taxes, but if you were married and if you were physically present in the US for a few days, at least, then your USC spouse could have filed his/her taxes as "married" and claiming you as a spouse. That would have given you the ITIN (tax id number), show that you are paying taxes (again you are not required because it is assumed your are paying it to your current country). It could have also maximized your tax deductions. 
In any case, prepare a through, sound application with strong emphasis on demonstrating bona fide nature of your marriage and your financial stability as a family. 

[hm139 55]

I am not an attorney nor an expert. Hopefully someone here can correct me.

But my understanding is that if you have an overstay, you should not leave the country. If you have an overstay and you leave, this will automatically lead to a ban, which you will then have to appeal via a waiver process that will delay the entire process. From reading many other posts here on VJ, it seems it is much easier to adjust status even with an overstay as long as you do not leave the US.

[randomstairs 270]

If you plan to adjust (file for AoS) then don't leave the country with just a simple overstay (i.e. you entered the US legally and have never received an order to leave the US). You'd need to file ASAP though and there are no guarantees. You're still a subject to deportation and, as others have said, ICE is being quite busy nowadays. 

Edited April 20, 2018 by randomstairs

[randomstairs 270]

3 hours ago, hm139 said:

I am not an attorney nor an expert. Hopefully someone here can correct me.

But my understanding is that if you have an overstay, you should not leave the country. If you have an overstay and you leave, this will automatically lead to a ban, which you will then have to appeal via a waiver process that will delay the entire process. From reading many other posts here on VJ, it seems it is much easier to adjust status even with an overstay as long as you do not leave the US.

If you plan to adjust (file for AoS) then don't leave the country with just a simple overstay (i.e. you entered the US legally and have never received an order to leave the US). You'd need to file ASAP though and there are no guarantees. You're still a subject to deportation and, as others have said, ICE is being quite busy nowadays. 

[Canerican 242]

16 hours ago, MichaelMiguel said:

Right, I actually didn't provide any details about my situation. Just a bunch of questions.

 

I entered via VWP last year and got married not long after. I have been here for a year roughly and have yet to apply for AoS for several reasons, mostly financial. My 90 days expired almost a year ago.

I am planning to file for AoS as soon as possible, planing on next month (the ESTA that allows me to re-enter the US expires around the 10th of may if I'm not mistaken, hence why I was curious to know if it was pressing to file before that).

 

Anything else you need to know that you find relevant don't hesitate to ask.

 

Thank you!

Good Morning OP, 

 

You state in the above post that your 90 days was up almost a year ago. Did you come to the USA through VWP/ESTA or did you come with a visa? The fiancé visa gives you 90 days to get married and that is why I ask. 

[sparkles_ 456]

You can always check if you are in removal officially by calling the EOIR 800 number and inputting your info. Just google "EOIR 800 number" and then follow the prompts. 

[MichaelMiguel 7]

20 minutes ago, sparkles_ said:

You can always check if you are in removal officially by calling the EOIR 800 number and inputting your info. Just google "EOIR 800 number" and then follow the prompts. 

Thank you, I can find out more about my situation then.

 

Also, I was checking your signature. Did you volunteer the ICE contact or did they? I had never heard of doing it like that.

[MichaelMiguel 7]

24 minutes ago, CDN(ON)-USA(VT) said:

Good Morning OP, 

 

You state in the above post that your 90 days was up almost a year ago. Did you come to the USA through VWP/ESTA or did you come with a visa? The fiancé visa gives you 90 days to get married and that is why I ask. 

Morning!

 

I came through VWP/ESTA, we married around 30 days later.