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.

Related Topics:
1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.