Future brother in law was previously deported

[Crazy Cat 39,313]

22 minutes ago, EM_Vandaveer said:

Maybe the short overstay was a separate incident & he tried to enter after leaving that time.

That is where I was a little confused..........unless they are 2 separate instances......

[geowrian 22,335]

Agreed....there is no 5 year bar for overstay. There is no bar for an overstay of under 180 days.

Something else happened that cause him to be deported instead....likely an expedited deportation order.

 

Either way, if it's expired now, he needs to apply for a visa. The real cause of the ban may or may not be a factor in their decision.

[Ben&Zian 4,397]

I'm more confused how you can be deported from the US when sitting in an airport even on a layover unless he left the airport and tried to re-enter and was stopped at security. Otherwise he would be inside security and you don't deal with customs and immigrations when you leave the US so.... think some info definately is missing.

[Boiler 43,512]

I assumed that what the OP has been told is as they say only part of the story.

[mushroomspore 3,043]

6 minutes ago, Ben&Zian said:

I'm more confused how you can be deported from the US when sitting in an airport even on a layover unless he left the airport and tried to re-enter and was stopped at security. Otherwise he would be inside security and you don't deal with customs and immigrations when you leave the US so.... think some info definately is missing.

I was going to say the same thing. Deportation is a lengthy but very official process. You KNOW when it's happening and it happens from inside the US first until you're basically ejected out of the country. It certainly doesn't happen at layovers. When people get the 3 and 10 year bars, don't they get a stamp or the official law code written in their passports??

 

I feel like OP's brother badly misunderstood what was going on.

Edited October 10, 2018 by mushroomspore

[Boiler 43,512]

3 minutes ago, mushroomspore said:

I was going to say the same thing. Deportation is a lengthy but very official process. You KNOW when it's happening and it happens from inside the US first until you're basically ejected out of the country. It certainly doesn't happen at layovers. When people get the 3 and 10 year bars, don't they get a stamp or the official law code written in their passports??

 

I feel like OP's brother badly misunderstood what was going on.

For a deportation yes for an overstay no.

[EM_Vandaveer 2,370]

5 hours ago, mushroomspore said:

I was going to say the same thing. Deportation is a lengthy but very official process. You KNOW when it's happening and it happens from inside the US first until you're basically ejected out of the country. It certainly doesn't happen at layovers. When people get the 3 and 10 year bars, don't they get a stamp or the official law code written in their passports??

 

I feel like OP's brother badly misunderstood what was going on.

Only way it makes sense if the whole plane delayed/minimal overstay happened first THEN he tried to re-enter and was summarily deported. You CAN be deported while trying to enter & then it's not lengthy BUT it's rare. One usually just gets refused entry (or voluntarily withdraws the application to enter) & gets put on the next plane home.

Edited October 10, 2018 by EM_Vandaveer

[Hypnos 6,576]

8 hours ago, Ben&Zian said:

I'm more confused how you can be deported from the US when sitting in an airport

http://lmgtfy.com/?q=Expedited+removal

[David & Diana R 1,005]

13 hours ago, Megan&Daniel said:

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! 

Sorry, but they gotta draw the line somewhere.  He knew when he was required to leave and he failed to leave on time.  People should always leave a day or two early because stuff happens.

[JFH 12,189]

10 hours ago, EM_Vandaveer said:

Only way it makes sense if the whole plane delayed/minimal overstay happened first THEN he tried to re-enter and was summarily deported. You CAN be deported while trying to enter & then it's not lengthy BUT it's rare. One usually just gets refused entry (or voluntarily withdraws the application to enter) & gets put on the next plane home.

And for a simple overstay there would be no deportation. Something doesn't add up. To be deported he must have done more than overstay by a few hours or tried to re-enter. A re-entry would most likely involve him being given the opportunity to withdraw his application to enter. 

[EM_Vandaveer 2,370]

48 minutes ago, JFH said:

And for a simple overstay there would be no deportation. Something doesn't add up. To be deported he must have done more than overstay by a few hours or tried to re-enter. A re-entry would most likely involve him being given the opportunity to withdraw his application to enter. 

Maybe he refused to withdraw?

[NigeriaorBust 4,087]

  Wild theory   He had a connection in say Canada, changed planes and plane #2 was diverted to the US and then due to the delays they tried to put the passengers  up in a hotel.  Back in the day airlines did that more often than now days..  

[SusieQQQ 11,584]

30 minutes ago, NigeriaorBust said:

  Wild theory   He had a connection in say Canada, changed planes and plane #2 was diverted to the US and then due to the delays they tried to put the passengers  up in a hotel.  Back in the day airlines did that more often than now days..  

I’ve been in this kind of situation before. If you don’t have or can’t get the requisite visa, you just stay in the airport. So, no. 

Agree with the others that there is clearly something a lot more serious that happened than this guy wants to tell his family about.

[JFH 12,189]

Likely we will never know what really happened. 

[Hamilton 511]

OP, please update us once you've talked to your father-in-law! Or delicately asked your brother in law for a few more details about his 'deportation'....