Powhatan, VA asked in Immigration Law for Virginia

Q: I can the the USA on a VWP I overstayed by about a month now. What are my chances I have a final deportation order ?

I came to the us in March on a VWP and my 90 days ended in June. My US citizen husband and I got married in May , we originally planned on AOS but some private issues made it so that we weren't able to file yet, we are considering moving to My home country ( Germany) but haven't found a clear solution yet, it will depend on the next few weeks what decision we make, my husband has mental health issues , and I'm his only trusted family. My worries atm is with all the big guys gearing up for raids , How possible is it that there is a final deportation order out against me after I so far only overstayed by one month. We have a joint bank account so my data is somehow in the system. As I said our final decision will be made in the next weeks as if we leave or not.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL

A: Those who are put in immigration court are usually arrested, or notified after they file an application and the application is denied. A person must be issued a written notice to appear before the immigration court. Usually, there must be proof of service, but a person who is documented should update their address in the system.

A person who is on the VWP is not entitled to a hearing before an immigration court, so that is how you should know. A person who enters with a visa waiver admission waives the right to a hearing before the immigration court. That is, they usually don't have a removal order.

You have a situation that requires prompt attention. I strongly recommend that you seek an appointment or teleconference with a competent and experienced immigration attorney before you take any further action including departing the United States. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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