Hi, my spouse is being deported back to Europe, but while awaiting deportation being held in prison. The deportation charge i believe is under Article 217. Is there anything I can do to help or stop the process? Or anything I can do at all? Thank you in advance for any hep or guidance you may have to offer!
If I were in your shoes I would get myself a very good immigration lawyer. I highly recommend you do the same. Then you will know where you stand and what you can do.
Why is he being deported? Have you submitted applications and had them rejected?
We got married while she was on the visa waiver program. I was told because she is getting deported under article 217 she will not be given a hearing in front of a judge but immediately deported but she has been in a prison detention center for almst 2 weeks and noone will tell us when she will leave.
What state are you in?
Like Ben said...find a good lawyer that specializes in immigration.
You haven't really given many details yet for people to really offer much advice.
She came over on a visa waiver program and we got married after she was here. Her visa is expired and she is being deported. I was told it is probably under article 217 and she wont be able to go before a judge. Her exhusband after we were here for awhile suddenly filed child abduction charges. He agreed to let her go at first but apparently thought differently later. So now she is being deported back to her home country to face these charges as well. I am trying to figure out what if anything I can do to stop deportation and then continue on with the other charges from her home country. You one step at a time. Hope this will help you understand my situation a bit better.
oh and ....get a good immigration lawyer.
What nationalities are you both? From what you say, it sounds like she is being deported for criminal reasons so you might need a criminal lawyer, possibly in her country of origin.
What is article 217?
So first off did she enter on a fiancee Visa or just the Visa Waiver? I entered on the fiancee one, and then we had to get married within 90 days and start the paperwork rolling for the greencard, did you guys do this? The Visa Waiver is only meant for holiday travel and they get upset if this is abused.
As far as the abduction case, definately need a lawyer but if she and the child went through the process I did with my eldest (from another relationship) then she did it fine. What I mean is we filed for fiancee visa and he is classed as my dependent, you need the father/mother to sign a affadavit saying they give permission for the child to live in the USA with the primary carer. Even if the other parent does not have rights (unmarried etc) the USA still requires the letter.
Get a good lawyer, gather the evidence if you filed correctly all this will help .
Ok my nyquil is setting in I have a damn summer cold!
Good luck !
ummm sorry you have to go through this, but from ICE's point of view it appears you may have tried getting round a K1 visa, by applying for a tourist visa and then getting married, this appeared the intention first of all. I know it can be done this way, but they take a very dim view of it, especially in the current climate over here.
Second there is the question of the ex, it sounds like he has put a spanner in the works and adding to the grieve. Moving kids from one country to another is always gonna be a pain in the arse, especially with an ex that wants to get thier own back.
Get a lawyer and write to your congress person etc. If offered I would tell them that you voluntary want to go home whilst this is cleared up, shows them that you both want to do this in the correct way saves them time and money.
good luck, geeze where's our legal eagle Bob's when you want him
Thanks for all the advice. The child was deported as well because of the charges brought about by my wife's ex. He just uses her to make our lives worse and I hate he puts the child through this. The child is back in the custody of her biological father at the moment until we can get to europe and try to straighten this whole ordeal. I have contacted an immigration lawyer via email and am waiting his reply. By the way do you happen to know any links for decent lawyers in New Orleans that don't just want your money but really want to help? Thanks again!!!
Oh and sorry I forgot she did come over on a tourist visa because we were not going to get married yet but changed our minds after she was here for a month or so.
She is Dutch and I am American. Article 217 is expedited deportation without a hearing.
It sounds like she brought the child without the proper written consent of the father and so is in deep trouble. You need to ask around for lawyers based on reputation and not price. That way you will avoid the deportation-chasers who are only interested in the $.
From an utter layman's POV, it seems that your best bet may be to concentrate on minimising the damage to her re-entry to the US, unless you fancy living in Holland. Which is a very nice place to live -I highly recommend it (from second-hand experience) --unless you have Republican tendancies. shock ;)