QUESTION
can you stop deportation if your here on a visa waiver
Asked on Feb 10th, 2016 on Immigration - Illinois
More details to this question:
my just ex husband is detained right now, hes from scotland and hes here on a visa waiver. my question is, is there anyway to stop this? we got a divorce only because of a silly hospital bill. i love him very much and dont want to lose him. when they deport him he has no place to go, no money, and no one in scotland to help him. he came here so we could marry and live the rest of our lifes out here., ive tryed to get numerous people to help, but everyone i talk to says the same thing. there has to be a way to stop this and let him come back home. they have him in a prison and the only thing he did was over stay here. hes no threat to our country, doesnt do drugs and he gets treated like this? please help me. there has to be something i can do here besides sit and worry whats going to happen to him
1 ANSWER
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Hello.
I am sorry to hear about your circumstance however all visa waiver entrants are subject to removal without the opportunity to go before an immigration judge if they violate their status, including overstaying.
Assuming you are a United States citizen, had you still been legally married you could have prevented his removal by applying for adjustment of status.
Contact the ICE officials where he is being detained to see if they will allow time for you to remarry him and file for adjustment. It will be difficult but it is worth the chance.
If you need assistance please contact my office for a free consultation.
Answered on Feb 10th, 2016 at 12:56 PM