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Immigration Law

I overstayed my Visitor's Visa. How before a deportation

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I overstayed my Visitor's Visa...
I overstayed my Visitor's Visa. How long before a deportation order is automatically issued for me?
Submitted: 4 months ago.Category: Immigration Law
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Customer reply replied 4 months ago
My arrival within the US was December 2015
Answered in 8 minutes by:
7/16/2017
Immigration Lawyer: KJL LAW, Lawyer replied 4 months ago
KJL LAW
KJL LAW, Lawyer
Category: Immigration Law
Satisfied Customers: 1,689
Experience: Attorney at law Office of KJLLAW
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Good morning. How long did you overstay?
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Customer reply replied 4 months ago
My overstay to this point would be a little over a year
Immigration Lawyer: KJL LAW, Lawyer replied 4 months ago
The chances of being deported, without an arrest are very slim. The only area that is patrolled by the CBP is the immediate Mexican Border.If you don’t have a criminal background, you can ask for voluntary departure instead of deportation (which is referred to as “removal” in immigration proceedings). If the ICE attorney agrees, the immigration judge may grant you up to 120 days to leave the country. The judge will knock off a month or two from that 120 days if you have minor legal issues in the past.
Since you overstated by more than 1 year, you would be under the 10 year ban.
There are two bans for reapply for any visa after an overstay.
The Three Year Bar: If you remain in the U.S. after your authorized stay has expired for more than 180 days but less than one year, and if you leave the U.S. prior to the institution of removal proceedings, you are barred from reentering the US for three years from your date of departure.The Ten Year Bar: If you remained in the U.S. after your authorized stay has expired for more than one year, which is your case, and you leave the U.S. prior to the institution of removal proceedings, you are barred from reentering the U.S. for ten years from your date of departure.So, in short, your chances of being caught are slim, but voluntarily leaving allows you to successfully later apply for another visa.I hope this clarifies. Please don't forget to rate the question with stars so that I will receive credit and payment for assisting you with your question.
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Customer reply replied 4 months ago
Thanks for your response. I was hoping to get some details on whether a deportation order is automatically issued after a particular period of time has elapsed. Or is it that I have to be brought into custody first, appear before a judge before one can be issued. Please clarify.
Immigration Lawyer: KJL LAW, Lawyer replied 4 months ago
Currently there is no policy in effect that DHS will automatically issue a deportation order for an overstay. The current policy is that an overstay must be referred to the enforcement section, and unless there is a criminal conviction, the agency is not just "rounding up" people who overstay.
So no there is no automatic issuance of an order. The agency will choose to pursue each case individually. Based upon current policy and manpower they are not issuing automatic orders for you as an overstay.I hope this clarifies. Please don't forget to rate the question with stars. You can always ask follow up questions for no additional charges after rating.
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Customer reply replied 4 months ago
Thanks once more. I am now very clear
Immigration Lawyer: KJL LAW, Lawyer replied 4 months ago
You're very welcome.
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Customer reply replied 4 months ago
When I apply to adjust my status via marriage will the fact that I am out of status affect my application? I do not have a criminal record/conviction or any pending legal issues.
Immigration Lawyer: KJL LAW, Lawyer replied 4 months ago
When you file the adjustment of status is based on a bona fide marriage to a United States citizen, any unlawful stay by you is forgiven, provided that your entry into the United States was legal.So yes, you may file your petition without worrying that you will be denied for the overstay. I hope this helps.Please don't forget to rate the question with stars.
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