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  • Readmission and after deportation help!

    Readmission and after deportation help!

    Arrival: August 15th 2001
    Departure: May 20th 2003
    Arrival: September 20th 2003
    Not-enrolled in School: Jan 2004 - October 7, 2006
    Visa Expired: April 30th 2005
    Border Patrol (Detained): March 16th 2006
    Released on Bond: March 22nd 2006
    Notice to Appear: June 14th 2006 (Failed to appear)
    Departure: October 7th 2006 (Left on my own)

    Good Afternoon,
    I understand I am taking a lot of your time I would really appreciate if you could help/advise me in this matter!

    I entered into United States on 15th August 2001 as an F-1 Student. I went back to visit my family in summer May 03 and returned to United States on September 03. I was enrolled in my University till Autumn 03 and wasn't able to continue my education and had to discontinue. I was out of status from Winter/January 04 till October 06. My VISA expired on 30 April 05, I Overstated more than a year. During my stay I was engaged, my fiancé had been really helpful in tough times and stuck with me through it. She lived in Michigan and I was in Ohio.

    Now, the troubling part. In March 06, I was visiting my fiancé in Michigan and was traveling from Columbus Ohio on Greyhound since my license was expired and couldn't drive. At the Detroit Bus Station I was approached by Border Patrol Agents and was asked to show my documents, I wasn't carrying them they were in Columbus. They took me to the station and checked if I were in United States legally. Everything came out good; I had good Immigration History, no criminal record. However, when agents called school admission office they told I was not enrolled from Jan 04 to March 06 (then present time). I was detained at Wayne County Jail and was told to appear in front of a judge. I had a court date after a week. I told the Judge I was still in school because I wanted to get of Jail ASAP, Judge said I had good immigration history and no criminal record so she asked me to go to school and bring all official transcripts and all supporting documents to the assigned immigration officer so my case could be dismissed, I was released on Bond on March 26 006. Since I wasn't in school from Jan 04 to March 06 (then present time) I couldn't bring in my school transcripts to prove I was still in status. After about one and half month on May 14 2006 I received a letter from INS to appear in court for my case on June 14 2006. Which I failed to do so since I didn't have any supportive argument and documents, and the decision was ruled against me "ORDER: THE RESPONDENT SHALL BE REMOVED TO [HIS COUNTRY] OR IN THE ALTERNATIVE TO ON THE CHARGES(S) CONTAINED IN THE NOTICE TO APPEAR". Charges were that I was out of status and not enrolled in school from Jan 04 and overstayed more than a year.

    I started saving money for my ticket so I could go home and don't see Jail again. I left United States on October 07 2006 and was finger printed as well at JFK. Immigration Officers didn't ask anything at the airport if I had any arrest warrant (if I had one) or anything about the case, they finger printed and stamped my passport.



    Now the question:
    I want to be with my fiancé, get married, and start a family and a new life. I do not now what procedure or steps should I take to be with my fiancé, how can I clear my case so it doesn’t affect my VISA application (I have no idea which VISA I should apply for). Any help in this matter would be highly appreciated!

    Thank you for your time

  • #2
    Wow, this is a very sticky situation. You were deported and I really don't know if you will be able to be with your wife in the US for some time now because of that. Did they say anything to you about re-entry at some point? You might want to think about bringing your wife to your country and trying it that way.

    However, I'd advise you to get an immigration lawyer. It will be costly for you but I think that is the only way you have a chance.

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