Future brother in law was previously deported

[Megan&Daniel 117]

Hello all! We are at the final phase of our K1 journey and I have a question about family coming over for the wedding.

 

My future  brother in law was in the States for 6 months on a tourist visa.  Because he waited till the last minute to return home, he overstayed his visa. While waiting for a flight to leave JFK to go back to the UK. The flight was delayed. He was rerouted and it caused him to literally overstay his visa 2 hours. 

 

They gave him a 5 year ban. This was in 2002 so it is far beyond the 5 year ban but he is concerned about getting a visa to come to our wedding. 

 

Is it possible to get a visa after a deportation like this? 

 

Is there any specific forms he needs to fill out and is there any way that I can help him?

 

Thanks!

[Unlockable 7,306]

Yes, it is definitely possible to get another visa after a ban. He would need to file but he has to disclose his previous overstay.

 

Side note: Seems strange that he would get a ban for a few hours overstay. Was there any other activity that may have caused it? Working for example?

[Megan&Daniel 117]

1 minute ago, NuestraUnion said:

Yes, it is definitely possible to get another visa after a ban. He would need to file but he has to disclose his previous overstay.

 

Side note: Seems strange that he would get a ban for a few hours overstay. Was there any other activity that may have caused it? Working for example?

He was not working. I thought it was strange too. I know they have to stick by the rules but 2 hours over a delayed flight? Seems a little overboard. Thank you for your response! 

[debbiedoo 2,339]

There is nothing you can do. He can apply but has to obtain it on his own merits. While its possible they grant him another tourist visa, its unlikely.

 

a ban for overstaying a couple of hours seems extreme, especially when the airport can verify he had checked in for his flight and there was a flight delay. I too think there might be a little more to this story.

[Megan&Daniel 117]

Just now, debbiedoo said:

There is nothing you can do. He can apply but has to obtain it on his own merits. While its possible they grant him another tourist visa, its unlikely.

 

a ban for overstaying a couple of hours seems extreme, especially when the airport can verify he had checked in for his flight and there was a flight delay. I too think there might be a little more to this story.

This is all the information I have. I will ask my future father in law if there is more too it. It doesn't seem right to me either. 

[Unlockable 7,306]

Yes, please find out everything that happened. There may be a missing piece to the story. This is the most extreme penalty I have seen for someone who has overstayed for a few hours. Unless he was caught working, doing drugs, or stood on the customs counter and yelled, "death to America", I can't see him getting a 5 year ban.

 

A loss of the visa, yes. But not a lengthy ban.

[Megan&Daniel 117]

2 minutes ago, NuestraUnion said:

Yes, please find out everything that happened. There may be a missing piece to the story. This is the most extreme penalty I have seen for someone who has overstayed for a few hours. Unless he was caught working, doing drugs, or stood on the customs counter and yelled, "death to America", I can't see him getting a 5 year ban.

 

A loss of the visa, yes. But not a lengthy ban.

I agree. Let me do some digging about this. 

[Going through 5,668]

Agree, usually more to the story that you might not be privy to.

 

Depending on timing of the flight/date of departure-----The overstay of a couple of hours possibly extended into the next day, which then would have put him into an overstay by one day.   If, as you say, he waited until the last possible minute to return to his home country---meaning his flight back was on the evening his visa expired, and then the rerouting/etc. caused substantial delays, it's possible he overstayed by 1 or 2 days depending on the timing of the original flight and the flight he was actually on.  Again, depends on the timing of everything here---the actual date his visa expired, the actual date he was due to fly back, the actual date he left US soil.

 

I can see the loss of the visa for even a one day overstay.  Any overstay is an overstay---always a bad idea to leave at the last minute on any visa, but that's water under the bridge now.

 

But a five year ban?  Five year bans normally arise from severe legal breaches---such as unauthorized work, previous overstays, criminal offenses, etc.  There might be something he's not admitting to, or seeing relevant to let you know about.

 

1 hour ago, Megan&Daniel said:

is there any way that I can help him?

 

To get a visa?  No, unfortunately---he has to apply and be approved on his own merits.  Since the ban is up, possible he may get it if he can show strong compelling ties to return home afterwards.

Edited October 10, 2018 by Going through

[Boiler 43,396]

What actually happened does not really matter, up to him to get a Visa if he wishes to attend the wedding.

[JFH 12,189]

Is a British citizen? Unusual for brits to have a B-2 (which is the only way he can stay 6 months as a tourist) as most are VWP eligible which is a max of 90 days. VWP is not possible for those with previous overstays or criminal convictions. I strongly suspect there is some criminal history here. A five-year ban for a few hours overstay doesn’t even fall within the rules. There are 3 and 10-year bans for overstaying 180 days and 1 year respectively. There’s no 5-year ban for a simple overstay. There is a LOT that doesn’t add up here. Unless he’s making it up to avoid going to the wedding? Perhaps saying he has a previous ban to avoid telling you he can’t afford it? Seems odd but has happened. 

Edited October 10, 2018 by JFH

[Megan&Daniel 117]

6 minutes ago, JFH said:

Is a British citizen? Unusual for brits to have a B-2 (which is the only way he can stay 6 months as a tourist) as most are VWP eligible which is a max of 90 days. VWP is not possible for those with previous overstays or criminal convictions. I strongly suspect there is some criminal history here. A five-year ban for a few hours overstay doesn’t even fall within the rules. There are 3 and 10-year bans for overstaying 180 days and 1 year respectively. There’s no 5-year ban for a simple overstay. There is a LOT that doesn’t add up here. Unless he’s making it up to avoid going to the wedding? Perhaps saying he has a previous ban to avoid telling you he can’t afford it? Seems odd but has happened. 

I think there are things he is not telling us. I don't think he is trying to avoid the wedding but you never know! lol 

[Megan&Daniel 117]

32 minutes ago, Boiler said:

What actually happened does not really matter, up to him to get a Visa if he wishes to attend the wedding.

I am well aware that it is up to him. I was just finding information on if it is possible and if it is how difficult it may be. 

[Crazy Cat 39,187]

2 hours ago, Megan&Daniel said:

They gave him a 5 year ban.

Maybe I missed it, but I'm curious as to how he was informed of this ban?

[EM_Vandaveer 2,365]

Strange thing is, you don't get a 5-year ban for an overstay. You get a 3-year ban for overstaying 180-364 days or a 10-year ban for overstaying 1 year or more. You don't get a ban for an overstay that's less than 180 days, either (you do lose your tourist visa/VWP privileges, though).

If he received a 5-year ban, it was for something else. Your title indicates he was deported. If he was summarily deported WHILE TRYING TO ENTER, that'd make sense as that does carry a 5-year ban. Maybe the short overstay was a separate incident & he tried to enter after leaving that time.

 

"The Five-Year Ban: If you were summarily removed or deported upon arrival at a U.S. port of entry because you were found inadmissible, or if you were removed or deported after having been placed in removal proceedings upon arrival in the U.S., you may be ineligible to return to the U.S. for five years."

from: https://www.nolo.com/legal-encyclopedia/how-long-after-deportation-must-i-wait-before-returning-the-us.html

Edited October 10, 2018 by EM_Vandaveer

[Boiler 43,396]

1 hour ago, missileman said:

Maybe I missed it, but I'm curious as to how he was informed of this ban?

5 year ban is for being deported, something he would know about.