More details to this question:
Hello, i was deported for overstaying my B2 Visa, when i was in ICE Detention, they claimed i entered on the Visa-Waiver, not the B2 Visa, which is false and i had no way to proof it. Is it possible to reopen my case so i can present my case infront of an Immigration Judge ? Because i believe they did that on purpose.
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A person can only reopen the case where there is a material error. In your case, whether you overstayed a B-2 visa or a visa waiver period of time would not seem to make that much of a difference as the bottom line is that you would have overstayed your period of legal status in the country. Only in a situation wherein you were accused of violating the visa waiver and were still within the legal period of stay of a B-2 status would there appear to be a material issue. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 21st, 2016 at 12:32 PM
It may be possible to reopen the matter. It would be extremely difficult to reopen your removal proceedings if you have already been physically removed from the country and more than 90 days has elapsed since the order of removal was entered. Do you have proof to establish you entered with a B-2 visa?
Answered on Jul 25th, 2016 at 3:27 AM