QUESTION
Has anyone ever stopped deportation due to overstayed visa?
Asked on Sep 01st, 2011 on Immigration - Florida
More details to this question:
My husband is being held for over staying on the visa waiver program. We have been married 3 yrs and have 3 year old triplets. One of the triplets has serious medical conditions and will require multiple open heart surgeries and possibly a heart transplant. Another has cognitive delays and receives speech and occupational therapy. We know we should have filed to adjust his status but we have spent the last 3 yrs fighting to save our daughter. Has anyone ever had success in convincing ICE to release a vwp over stayer on deferred action/humanitarian grounds? Is it something even possible because there is no hearing. Also my husband is from Spain and has no criminal record in the united states. Thank you for any help
6 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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Yes, we have done this before.
Answered on Jun 07th, 2013 at 12:33 AM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
Although removal of visa waiver overstays is a priority because of the humanitarian situation, you might get them to consider releasing you. Visa waivers can adjust here (in NY) if not detained.
Answered on Sep 06th, 2011 at 1:55 PM
Immigration and Nationality Attorney serving Chicago, IL
at
Simvisa
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Unfortunately, individuals who come on the visa waiver program have no right to a hearing before an immigration judge. That having been said, it couldn't hurt under the circumstances you have described to request some kind of discretion. If he is ultimately deported, it sounds like you have a good case for a waiver of inadmissibility and request for re-entry after removal. It's important that you start working right away on this with a good immigration lawyer so that you can reduce your time apart as much as possible.
Answered on Sep 03rd, 2011 at 8:24 PM
Corporate & Incorporation Attorney serving Coral Gables, FL
at
Hans Burgos, P.A., Immigration Law Offices
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File a petition for his residence, assuming that you are a US citizen.
Answered on Sep 03rd, 2011 at 7:02 PM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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Yes. Immediately file the I-130 and make sure it is well prepared and fully documented. Once you have the receipt notice prepare an application for the ICE TA regarding exercising prosecutorial discretion under the "Morton" memo. With that your attorney would ask the TA to make a joint motion for the IJ to administratively close the case to allow your husband to apply for the adjustment of status as the ground of relief from deportation. Remember, the Immigration court has jurisdiction over your husband, but you can file your I-130 with the USCIS. Hire an excellent, experienced attorney
Answered on Sep 02nd, 2011 at 7:22 PM
Contract Negotiations Attorney serving Miami Lakes, FL
at
Florido & Associates, P.A.
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Absolutely! If you are a citizen you may petition for your husband and he will be able to remain even if he overstayed his status.
Answered on Sep 02nd, 2011 at 7:13 PM