My husband is an Italian, and he came to the US back on February 2009 under a I-94 Visa Waiver Program, and he overstayed for almost 4 years. I am an US citizen, and we recently got married on September 2012 and filed AOS with I-130 and I-485 concurrently to USCIS on 12/12/12. We received I-797 notice of action from USCIS to do biometrics on 1/9/13. However, my husband got detained by ICE on 12/18/12. The deportation officer denied his rights to see a judge or get a bond and executed a removal proceeding. He is facing deportation by anytime from 1/10 -15. The deportation officer said that he will not have a bar for 10 years and only have a 5 years bar for using the visa waiver program. They told him that he can reapply a standard visa after he is deported back to Italy. Please advise if this is true or not as I have researched many cases that once you are deported, the bar maybe anytime between 3 years to 10 years based on how many days that you overstayed. Please let me know if there is any possibility to stop my husband from deportation based on the fact that we are in AOS pending status. Please advise! Thank you.
Visa Waiver Program Deportation Ban
in Waivers (I-601 and I-212) and Administrative Processes (221g)
Posted
My husband is an Italian, and he came to the US back on February 2009 under a I-94 Visa Waiver Program, and he overstayed for almost 4 years. I am an US citizen, and we recently got married on September 2012 and filed AOS with I-130 and I-485 concurrently to USCIS on 12/12/12. We received I-797 notice of action from USCIS to do biometrics on 1/9/13. However, my husband got detained by ICE on 12/18/12. The deportation officer denied his rights to see a judge or get a bond and executed a removal proceeding. He is facing deportation by anytime from 1/10 -15. The deportation officer said that he will not have a bar for 10 years and only have a 5 years bar for using the visa waiver program. They told him that he can reapply a standard visa after he is deported back to Italy. Please advise if this is true or not as I have researched many cases that once you are deported, the bar maybe anytime between 3 years to 10 years based on how many days that you overstayed. Please let me know if there is any possibility to stop my husband from deportation based on the fact that we are in AOS pending status. Please advise! Thank you.