B2 Visa (Waiver) after past deportation notice

[ukmumof4 0]

Hi All, I hope someone can help me.  I am a UK citizen married to a US citizen for 25 years. Most of that we have lived in the UK.  we moved to the US in late 2007, and once there I started green card process.  OH's job fell thru and we left the USA in June 2008.  My immigration lawyer helped me draft a letter withdrawing the green card application, which i got proof of postage.  in July 2008 the lawyer received a deportation notice.

Does anyone know for certainty whether now, 14 years on, I would be able to travel (for 10 days to see my mother in law) to the USA on the visa waiver?  Would I need to apply to the embassy for a B2 tourist visa?  

Can anyone explain how the deportation notice would impact anything as I was already in the UK when it was issued and have documents/flights/etc to confirm that.?

many thanks,

[canadian_wife 1,791]

What was the deportation for?  And do you know if you were deported in absentia?

 

Good luck

[Dashinka 23,251]

Trying to understand.  You entered the US in 2007 on what I assume was ESTA/VWP, and then attempted to adjust status?   Then you left in July 2008 presumably overstaying your ESTA/VWP and withdrawing your AOS application?  If the second question is "yes" then more than likely the VWP is gone for good.  I think you can check by applying for ESTA, but more than likely you will need to apply for a B2 and disclose any past overstays.

 

Good Luck!

[ukmumof4 0]

the deportation notice was for a missed green card interview.  However I have proof of postage of the letter I sent withdrawing from the process.  The green card application was started within 3 months of arriving so there was no over stay as such.

i don't believe there was any further action on the deportation.

If I now apply for a B2 does anyone have any advice?  I wasn't an overstay on the records, as far as I know?

[Dashinka 23,251]

23 minutes ago, ukmumof4 said:

the deportation notice was for a missed green card interview.  However I have proof of postage of the letter I sent withdrawing from the process.  The green card application was started within 3 months of arriving so there was no over stay as such.

i don't believe there was any further action on the deportation.

If I now apply for a B2 does anyone have any advice?  I wasn't an overstay on the records, as far as I know?

If you entered on ESTA/VWP and stayed beyond 90 days, I assume it would be considered an overstay, but you should be able to determine that if you apply for an ESTA.

[Crazy Cat 39,265]

46 minutes ago, ukmumof4 said:

I wasn't an overstay on the records, as far as I know?

I'm sure you accrued some unlawful presence, but any associated ban for that would have expired.  I suspect your VWP privileges are gone.  I would just apply for the B2 and hope for an understanding CO. 

Edited September 8, 2022 by Crazy Cat

[Pinkrlion 2,607]

You will need to apply for B visa.  Since it has been 14 years, any ban applied has most likely expired.  It will come up in your interview, the overstay, attempt to AOS, and the deportation.  I know of people granted the B visa with a deportations, but none of them had tried to AOS.

[Chancy 6,233]

*** Moved from US Embassy & Consulate Discussion to Tourist Visas forum ***

 

3 hours ago, ukmumof4 said:

I wasn't an overstay on the records, as far as I know?

 

If you stayed beyond 90 days on ESTA/VWP, then you definitely overstayed.  Whether you accrued unlawful presence during your overstay is another matter.  Maybe you didn't, depending on when you applied for AOS.  Regardless, you got a deportation notice, which adds another challenge to getting a new ESTA or tourist visa.  All of that remains in your US immigration record that CBP and the consulates have access to.  But it's been more than a decade, so it might be worth applying anyway.  Only US$21 to find out for sure if you can get a new ESTA or not.  If that doesn't work out, apply for a B2 visa.