Is K-1 better option in my case?

[Yas/Mo 0]

Readmission and after deportation help!

Arrival: August 15th 2001

Departure: May 20th 2003

Arrival: September 20th 2003

Not-enrolled in School: Jan 2004 - October 7, 2006

Visa Expired: April 30th 2005

Border Patrol (Detained): March 16th 2006

Released on Bond: March 22nd 2006

Notice to Appear: June 14th 2006 (Failed to appear)

Departure: October 7th 2006 (Left on my own)

Good Afternoon,

I understand I am taking a lot of your time I would really appreciate if you could help/advise me in this matter!

I entered into United States on 15th August 2001 as an F-1 Student. I went back to visit my family in summer May 03 and returned to United States on September 03. I was enrolled in my University till Autumn 03 and wasn't able to continue my education and had to discontinue. I was out of status from Winter/January 04 till October 06. My VISA expired on 30 April 05, I Overstated more than a year. During my stay I was engaged, my fiancé had been really helpful in tough times and stuck with me through it. She lived in Michigan and I was in Ohio.

Now, the troubling part. In March 06, I was visiting my fiancé in Michigan and was traveling from Columbus Ohio on Greyhound since my license was expired and couldn't drive. At the Detroit Bus Station I was approached by Border Patrol Agents and was asked to show my documents, I wasn't carrying them they were in Columbus. They took me to the station and checked if I were in United States legally. Everything came out good; I had good Immigration History, no criminal record. However, when agents called school admission office they told I was not enrolled from Jan 04 to March 06 (then present time). I was detained at Wayne County Jail and was told to appear in front of a judge. I had a court date after a week. I told the Judge I was still in school because I wanted to get of Jail ASAP, Judge said I had good immigration history and no criminal record so she asked me to go to school and bring all official transcripts and all supporting documents to the assigned immigration officer so my case could be dismissed, I was released on Bond on March 26 006. Since I wasn't in school from Jan 04 to March 06 (then present time) I couldn't bring in my school transcripts to prove I was still in status. After about one and half month on May 14 2006 I received a letter from INS to appear in court for my case on June 14 2006. Which I failed to do so since I didn't have any supportive argument and documents, and the decision was ruled against me "ORDER: THE RESPONDENT SHALL BE REMOVED TO [HIS COUNTRY] OR IN THE ALTERNATIVE TO ON THE CHARGES(S) CONTAINED IN THE NOTICE TO APPEAR". Charges were that I was out of status and not enrolled in school from Jan 04 and overstayed more than a year.

I started saving money for my ticket so I could go home and don't see Jail again. I left United States on October 07 2006 and was finger printed as well at JFK. Immigration Officers didn't ask anything at the airport if I had any arrest warrant (if I had one) or anything about the case, they finger printed and stamped my passport.

Now the question:

I want to be with my fiancé, get married, and start a family and a new life. I do not now what procedure or steps should I take to be with my fiancé, how can I clear my case so it doesn’t affect my VISA application (I have no idea which VISA I should apply for). Any help in this matter would be highly appreciated!

Thank you for your time

[no name 1]

I doubt you have much of a chance after lying, not showing up to your court date (WHY??) & also being deported. I believe you may have the 10 year ban.....?

CONSULT A LAWYER.

Edited June 26, 2007 by devilette

[Yodrak 7]

yesio,

devilette is correct, you should do now what you should have done in March 2006 - see a US immigration attorney.

Yodrak

Readmission and after deportation help!

Arrival: August 15th 2001

Departure: May 20th 2003

Arrival: September 20th 2003

Not-enrolled in School: Jan 2004 - October 7, 2006

Visa Expired: April 30th 2005

Border Patrol (Detained): March 16th 2006

Released on Bond: March 22nd 2006

Notice to Appear: June 14th 2006 (Failed to appear)

Departure: October 7th 2006 (Left on my own)

Good Afternoon,

I understand I am taking a lot of your time I would really appreciate if you could help/advise me in this matter!

....

[Minya's wife 25]

Readmission and after deportation help!

Arrival: August 15th 2001

Departure: May 20th 2003

Arrival: September 20th 2003

Not-enrolled in School: Jan 2004 - October 7, 2006

Visa Expired: April 30th 2005

Border Patrol (Detained): March 16th 2006

Released on Bond: March 22nd 2006

Notice to Appear: June 14th 2006 (Failed to appear)

Departure: October 7th 2006 (Left on my own)

Good Afternoon,

I understand I am taking a lot of your time I would really appreciate if you could help/advise me in this matter!

I entered into United States on 15th August 2001 as an F-1 Student. I went back to visit my family in summer May 03 and returned to United States on September 03. I was enrolled in my University till Autumn 03 and wasn't able to continue my education and had to discontinue. I was out of status from Winter/January 04 till October 06. My VISA expired on 30 April 05, I Overstated more than a year. During my stay I was engaged, my fiancé had been really helpful in tough times and stuck with me through it. She lived in Michigan and I was in Ohio.

Now, the troubling part. In March 06, I was visiting my fiancé in Michigan and was traveling from Columbus Ohio on Greyhound since my license was expired and couldn't drive. At the Detroit Bus Station I was approached by Border Patrol Agents and was asked to show my documents, I wasn't carrying them they were in Columbus. They took me to the station and checked if I were in United States legally. Everything came out good; I had good Immigration History, no criminal record. However, when agents called school admission office they told I was not enrolled from Jan 04 to March 06 (then present time). I was detained at Wayne County Jail and was told to appear in front of a judge. I had a court date after a week. I told the Judge I was still in school because I wanted to get of Jail ASAP, Judge said I had good immigration history and no criminal record so she asked me to go to school and bring all official transcripts and all supporting documents to the assigned immigration officer so my case could be dismissed, I was released on Bond on March 26 006. Since I wasn't in school from Jan 04 to March 06 (then present time) I couldn't bring in my school transcripts to prove I was still in status. After about one and half month on May 14 2006 I received a letter from INS to appear in court for my case on June 14 2006. Which I failed to do so since I didn't have any supportive argument and documents, and the decision was ruled against me "ORDER: THE RESPONDENT SHALL BE REMOVED TO [HIS COUNTRY] OR IN THE ALTERNATIVE TO ON THE CHARGES(S) CONTAINED IN THE NOTICE TO APPEAR". Charges were that I was out of status and not enrolled in school from Jan 04 and overstayed more than a year.

I started saving money for my ticket so I could go home and don't see Jail again. I left United States on October 07 2006 and was finger printed as well at JFK. Immigration Officers didn't ask anything at the airport if I had any arrest warrant (if I had one) or anything about the case, they finger printed and stamped my passport.

Now the question:

I want to be with my fiancé, get married, and start a family and a new life. I do not now what procedure or steps should I take to be with my fiancé, how can I clear my case so it doesn't affect my VISA application (I have no idea which VISA I should apply for). Any help in this matter would be highly appreciated!

Thank you for your time

With your overstay, you are probably looking at a 10 year ban....not to mention that since you lied to an immigration judge, there may be an additional penalty there. By all means, do as others have suggested, consult a 'very' good immigration attorney, but perhaps you and your fiancee can also look into possibilities for her to emigrate to your home country.

Good luck!

-P

[ramos96 1]

Considering the state of confusion of all different Service Centers I would beg to differ with all of you. It seems that the OP at least on the computer has a good history since they were never red-flagged. The only time they were stopped was when stopped by INS in person. And they were also not red-flagged when leaving the country, so barring they did anything criminal and got convicted for it or is on a Government watchlist. I would take the chance of trying the K-1 route, now follow me here for a second.

The OP apparently has a good record in the Electronic System.

Yes, I agree it was probably a bad idea to lie to the judge, but the K-1 process will trump the courtcase if there is even one, the reason being the OP is not in the US and is now following the correct course of law. They could be denied of course, but hey you never know until you try.

If the OP is 10 year banned, trying the K-1 will not add per se to the ban, they will lose the app fees but at least now they will know for sure. If they contract a lawyer all the lawyer is going to do is basically the same things I have outlined, remember the lawyers dont have special access nor can they push your case thru, they are in the same boat as the rest of us.

Discuss, please.

Sincerely,

Ramos

Edited June 26, 2007 by ramos96

[no name 1]

Considering the state of confusion of all different Service Centers I would beg to differ with all of you. It seems that the OP at least on the computer has a good history since they were never red-flagged. The only time they were stopped was when stopped by INS. I would take the chance of trying the K-1 route, now follow me here for a second.

The OP apparently has a good record in the Electronic System.

Yes, I agree it was probably a bad idea to lie to the judge, but the K-1 process will trump the courtcase if there is even one, the reason being the OP is not in the US and is now following the correct course of law. They could be denied of course, but hey you never know until you try.

If the OP is 10 year banned, trying the K-1 will not add per se to the ban, they will lose the app fees but at least now they will know for sure. If they contract a lawyer all the lawyer is going to do is basically the same things I have outlined, remember the lawyers dont have special access nor can they push your case thru, they are in the same boat as the rest of us.

Discuss, please.

Sincerely,

Ramos

Surely you are joking.

You better believe there is a record of all of his problems in the system. He might have a had a good record at one point, but has since failed to appear for a hearing & then BEEN DEPORTED. There will be a 10 year ban. A K-1 filing would be a waste of time & $. A lawyer could tell him this in one meeting.

I received a letter from INS to appear in court for my case on June 14 2006. Which I failed to do so since I didn't have any supportive argument and documents, and the decision was ruled against me "ORDER: THE RESPONDENT SHALL BE REMOVED TO [HIS COUNTRY] OR IN THE ALTERNATIVE TO ON THE CHARGES(S) CONTAINED IN THE NOTICE TO APPEAR". Charges were that I was out of status and not enrolled in school from Jan 04 and overstayed more than a year.

[Yodrak 7]

Ramos,

A lawyer is not "in the same boat as the rest of us". They have a significant advantage that we do not have - they know the law.

Yodrak

..... If they contract a lawyer all the lawyer is going to do is basically the same things I have outlined, remember the lawyers dont have special access nor can they push your case thru, they are in the same boat as the rest of us.

Discuss, please.

Sincerely,

Ramos

[TimsDaisy 0]

The nice folks at ICE rarely stop you as you leave the country to say, "excuse me good sir, you've done something wrong, we know it, and it will cause you trouble lately." If you're on your way out, fab. ICE is thrilled. But they know it.

They don't throw a party or a flag on your way out. But the suggestion that your computerized record remains clear? That's SUPER unlikely!

You need a lawyer, as mentioned, but I'd say you have some really bad chances of getting back into the US in the next 10 years. More than a 180 day overstay = serious consequence. Over 180 days PLUS fibbing to a judge and failure to appear?

Your fiancee better start to understand that your MAJOR missteps have condemned you both to living in a foreign country for awhile. A lawyer might have better news for you, but failure to appear is a serious thing that no judge takes lightly.

this is a positive outlook, but pretty much wrong:

The OP apparently has a good record in the Electronic System.

Yes, I agree it was probably a bad idea to lie to the judge, but the K-1 process will trump the courtcase if there is even one, the reason being the OP is not in the US and is now following the correct course of law. They could be denied of course, but hey you never know until you try.

Yes, the biggest "gamble" involved is the filing fee, but in this case, if living together, married, is the OP's top goal, then both he and his fiancee need to get realistic about the chances of that happening in the U.S. And while you're correct that a lawyer has no special access, a lawyer, as Yodrak says, KNOWS THE LAWS and in this case, the relevant laws/regulations in question have little to do with K1 or family based procedures and everything to do with the OP's previous transgressions - which will certainly carry the day.

Edited June 26, 2007 by TimsDaisy

[ramos96 1]

Again I beg to differ with you all.

Yes they are probably happy they are leaving, but yes he is SUPPOSED to be notified and he is SUPPOSED to be red-flagged if he has a deportation order issued by a judge. That was the big deal after 9-11, INS was not red-flagging people properly and notifying them, they are supposed to be doing a better job of it now, but are they in reality, I highly doubt it, there is not enough man-power to update all the records. It is this slack or ineffectiveness why I give them a decent shot of actually getting thru the process and again unless they were CONVICTED of a criminal offense, these orders probably vacated themselves and are not even in the computer system.

Sincerely,

Ramos

Edited June 26, 2007 by ramos96

[JamalNTam 1]

Again I beg to differ with you all.

Yes they are probably happy they are leaving, but yes he is SUPPOSED to be notified and he is SUPPOSED to be red-flagged if he has a deportation order issued by a judge. That was the big deal after 9-11, INS was not red-flagging people properly and notifying them, they are supposed to be doing a better job of it now, but are they in reality, I highly doubt it, there is not enough man-power to update all the records. It is this slack or ineffectiveness why I give them a decent shot of actually getting thru the process and again unless they were CONVICTED of a criminal offense, these orders probably vacated themselves and are not even in the computer system.

Sincerely,

Ramos

quote]

They obviously have the information in the system, they took his fingerprints when he left the states, that is not normal, they will usually take fingerprints only on entry to the U.S. Anyway, regardless if the details are in the system. He will need to tell the truth when applying for the visa, and therefore will need to state that he overstayed his visa, had to face immigration court, didn't show up for the courtcase etc. The fact that he didnt attend college when he had a student visa will also come to light on the G-325a forms. He will need to put down the last 5 years jobs/schools attended and the last 5 years addresses. Unless he is to lie, then it will show up.

Edited June 26, 2007 by JamalNTam

[no name 1]

Again I beg to differ with you all.

Why ask us to discuss if you have no interest in hearing the truth?

[ramos96 1]

The more viewpoints the better. Someone who may have also been in this situation might actually respond, plus I'm usually quite postive, some people around here always like to say NO or be negative on things.

They wont perma-ban the guy or add another 10 years for filing a K-1, the worst that will happen is they will deny the K-1 with exactly the information they need to resolve it, plus they now open the door to appealing it thru the proper channels if it is denied.

Sincerely,

Ramos

[Minya's wife 25]

Again I beg to differ with you all.

Yes they are probably happy they are leaving, but yes he is SUPPOSED to be notified and he is SUPPOSED to be red-flagged if he has a deportation order issued by a judge. That was the big deal after 9-11, INS was not red-flagging people properly and notifying them, they are supposed to be doing a better job of it now, but are they in reality, I highly doubt it, there is not enough man-power to update all the records. It is this slack or ineffectiveness why I give them a decent shot of actually getting thru the process and again unless they were CONVICTED of a criminal offense, these orders probably vacated themselves and are not even in the computer system.

Sincerely,

Ramos

Given the history described in the OP, I don't think the "give it a shot....what do you have to loose" advice is such a good one. Especially since all USCIS fees are going up, they actually have a significant amount of $$$ to lose. (I don't know about anyone else, but $400+ dollars is no small change for me.) In addition, the wait times for K-1, from filing to visa in hand, are long as it is. Given that you don't find out until the very end if you have the visa or not it would be a long (in some cases very long) time to wait only to be told "You have a 10 year ban, you can't have the K1 visa". In the case of the OP, he may very well end up in some AR at NVC, only futher adding to the time and 'false' hope. In the meantime....the OP's original intent, to be w/ his fiancee, marry and start a life together is all on hold, because they're waiting for a visa that at this time will not and cannot be issued.

-P

[Dan J 277]

Well, you might be able to get through this, but you have alot of things working against you as mentioned in the other posts.

Its possible, but with no guarantee that you could overcome the issues preventing you from entering the US. It will likely take a lot of time, and probably money if you hire a lawyer (I don't think I would do this alone in your case, though it could be done if your prepared to do alot of research). But if you are unsuccessful, there are no refunds.

Having your fiancee immigrate to Canada is probably the quickest, easiest and cheapest way out. (Provided that your fiancee doesn't have anything preventing her from living in Canada) Then after your 10 year ban expires, you can try to immigrate to the US.

Edited June 26, 2007 by Dan + Gemvita

[no name 1]

The more viewpoints the better. Someone who may have also been in this situation might actually respond, plus I'm usually quite postive, some people around here always like to say NO or be negative on things.

They wont perma-ban the guy or add another 10 years for filing a K-1, the worst that will happen is they will deny the K-1 with exactly the information they need to resolve it, plus they now open the door to appealing it thru the proper channels if it is denied.

Sincerely,

Ramos

But why would the OP waste time & $$ when a visit to a lawyer can priovide the answer for a lot less effort, time & $$?

The answer will still be no.

Edited June 26, 2007 by devilette