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CANDetained on VWP RECEIVE A VOLUTARY DEPARTURE...?

Buffalo, NY |

MY GF was detained by Border Partol at the Buffalo Airport as her VWP was expired by 15 days. She has no intentions of staying in the country and would like to request a voluntary departure and leave the country ASAP. She has been in the US twice on j1visa for 2 years and vwp and left on time in both instances. What steps should i take in granting getting her a voluntary Departure. Can I call the Deportation Officer directly?

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Attorney answers 3

Posted

It is up to the CBP ... they can institute expedited 'removal' which is bad and they tend to do more often than not.

Voluntary Departure is discretionary ... they need a SUPER GOOD reason to let her off 'easy' with VD.

Meet with an attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

SO V/D even with an immediate departure is not possible and willing to check into the US consulate in her home country is impossible? Given her history of leaving on time. We plan on getting married soon and just with a deportation would make it near impossible and in actuality we noticed the visa overstay the day before she as detained... we even tried to book a flight back to new york city. I am working a money laundering investigator on a project in the buffalo area so she came to visit me. i just want to know what is the best approach to one getting her out of jail and out the country with the least amount of damage upon returning and getting married.

F. J. Capriotti III

F. J. Capriotti III

Posted

No offense, but her CURRENT HISTORY demonstrates a VIOLATION of her ESTA/VWP. Following the rules 2 out of 3 times doesn't hide her current actions. It doesn't surprise me, nor will it surprise ICE/CBP that you two intend to get married. In fact, her travel history fairly clearly demonstrates a developing relationship. BEST APPROACH???? Hire an immigration lawyer ... immediately.

Posted

No, but they can allow you to withdraw you application for admission. You cannot call the officer. Only an attorney can represent her. The officer will not be able to communicate with you about her case.

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Asker

Posted

Thanks for the response.. Given the fact that she is under the VWP anyone have any idea how long is it before she will be deported on average in the buffalo area. We plan on getting married at some point and really hoping for the v/d given her circumstances. We are willing to pay for her immediate departure in addition to checking in at the US consulate upon her arrival in Prague as she is from the Czech Republic. Is this feasible or an option.

Asker

Posted

SO V/D even with an immediate departure is not possible and willing to check into the US consulate in her home country is impossible? Given her history of leaving on time. We plan on getting married soon and just with a deportation would make it near impossible and in actuality we noticed the visa overstay the day before she as detained... we even tried to book a flight back to new york city. I am working a money laundering investigator on a project in the buffalo area so she came to visit me. i just want to know what is the best approach to one getting her out of jail and out the country with the least amount of damage upon returning and getting married.

Posted

1. No v/d, but to stop her appears absurd.
2. No, they won't take your call.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

SO V/D even with an immediate departure is not possible and willing to check into the US consulate in her home country is impossible? Given her history of leaving on time. We plan on getting married soon and just with a deportation would make it near impossible and in actuality we noticed the visa overstay the day before she as detained... we even tried to book a flight back to new york city. I am working a money laundering investigator on a project in the buffalo area so she came to visit me. i just want to know what is the best approach to one getting her out of jail and out the country with the least amount of damage upon returning and getting married.