My boyfriend is being deported because his US visa expired, help needed

MoonlightingThreads: 60 Posts: 308 Joined: Apr 28, 07 ♂	Feb 9, 10, 18:01 #31
matteroftaste: Did she do it while she was your gf? If you don't mind to answer it. No, it was a few years before we met. Sorry if the way I wrote it was not clear. She was with the Pole and expected him to become the man of her life, so she fully trusted him.

matteroftaste	Feb 9, 10, 18:05 #32
Moonlighting: No, it was a few years before we met. Sorry if the way I wrote it was not clear. She was with the Pole and expected him to become the man of her life, so she fully trusted him oh OK, thanks man. I thought maybe she used you or something. have a good 1

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Mar 20, 10, 11:32 #33

I think it is too late for you to do anything because once they have detain someone then everything happens under the "fast-track" system.

I believe he is in detention centre not jail, the difference is detention is better than jail.

I have dealt with so many cases like yours and I will say the same thing what other people have posted here that

1- Let him get deported to Poland and if you really love him then travel to Poland and marry him and bring him back to the United States.

2- File an application for "Judicial Review" within the US and that will certainly hold his deportation and normally Judical Review takes months so you can definitely get him out on bail and then the procedure takes ages and in the meantime, you can marry him and adjust his status.

I think the above are only two available possibilities at the moment which can be exercised only on the based of true and honest love which I believe you both have for each other.

If you love him and he loves you (truly) then sooner or later you will be together again because they can't separate you for long. (Human Rights)

Hope the above clarifies the situation.

Khan

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Mar 20, 10, 14:26 #34

Yeah well, that's too bad isn't it? It's normal that he is deported - he overstayed his visa, so when they catch him, he's going out. And it's good that way. I cannot understand it when ppl say that it's ridiculous when this happens. It's normal procedure and everyone knows this may happen when you get caught overstaying your visa, so don't cry now.

I read a post in this thread that a girl who overstayed her visa for 4 years and then went back to PL for a family visit, cannot enter the US for 10 years. And this is ridiculous, Sledz? Hell no, it's normal. She did something wrong and she has to pay for it. She did NOT have a visa, was therefore illegal and if she thinks she can just go in and out of the country, she is proven wrong now. And I personally think it's good this way. If you wanna live in the US, do the effort, get a long term Visa or find yourself someone to marry.

Sorry, but I think your bf deserves to be deported.

>^..^<

M-G (if I do sth criminal and they catch me, I go to jail too, right?)

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Edited by: sledz Mar 20, 10, 14:36 #35

MareGaea:

I read a post in this thread that a girl who overstayed her visa for 4 years and then went back to PL for a family visit, cannot enter the US for 10 years. And this is ridiculous, Sledz?

Its true , I just talked to her on skype the other day she lives in Rzeszow.

Her mother became Ill and had to go back ( I would do the same) and then she told me they stamped a no entry for 10 years on her passport..

She made a few attempts on trying to get back but they wont budge, so shes planning on going to England or Spain next.

She wants to get out of Poland

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Mar 20, 10, 14:39 #36

I am sure it's a very sad story, but what would she expect else? She overstayed her visa and she knew that was the penalty. She should've found a guy to marry, if she wanted to stay.

I'm sorry, don't want to be harsh, but did she really think she could just move in and out of the country on a Visa that has been expired for 4 years?

>^..^<

M-G (I do appreciate the sadness in the story, but if you start with that, ALL stories are sad and tearjerking - and in the meantime...)

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Edited by: sledz Mar 20, 10, 14:51 #37

MareGaea:

She should've found a guy to marry, if she wanted to stay.

She said she would never do that to stay in the US or any other country

MareGaea:

I'm sorry, don't want to be harsh, but did she really think she could just move in and out of the country on a Visa that has been expired for 4 years?

Its not harsh, she could of went back and renewed it, all her friends are still living here.

Thats who she misses the most are her GF`s that she grew up with, they all live in Chicago legally now,,go figure??

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Edited by: skysoulmate Mar 20, 10, 14:54 #38

worried:

how bad? if he has a issue over there n gets deported..do the polish police meet him at the airport..i dont really know how it works..i wanna know whats gonna happen 2 him..ive heard about forien prisons ..whats the polish one like?

Worried - I do NOT condone illegal immigration but I always blame our system for allowing it more so than the individuals who simply tried to better their lives.

I'm sorry you have to go through this and I'm sorry he has to go through this - although he did break the law.

This is nothing new and has been going on for years despite our administration trying to make it sound like they're getting serious - they aren't. Some people get caught others don't.

Almost 10 years ago a friend of mine went through the process too. He's Swedish and had lived in the US for more than 5 years when he was arrested. Jail time sucked he said but it wasn't the end of the world. When they sent him home they simply escorted him to the airplane. Once the doors closed the INS agents left him by himself. No one met him in Sweden as he didn't break any Swedish laws. The same will happen to your boyfriend, he broke the US immigration laws and will probably be sent back to Poland but trust me he will not go to jail in Poland. For what?

My friend went back to Sweden with his girlfriend and she married him in Sweden. They started applying for his re-entrance visa within 12 months of getting married but it took 3+ years before he was let in again. Initially he was told he was banned from the US for 5 years - I think it's 10 now?

Well, ironically a year after moving back to the US his wife left him and he decided to move back to Sweden. Oh well.

Your situation is tough but not impossible. Not sure how serious the two of you were but you're looking at many years of dealing with the US immigration authorities if he wants to come back.

Something else, it's fairly easy for you to visit him in Poland ~7+ hour flight from JFK. So I doubt "you'll never see him again" unless you don't want to. If you do, get a passport and visit - you might like it.

Good luck to you two. Tell him to obey the law next time. ;)

♀

Mar 22, 10, 19:20 #39

Wow!
What a story. And I visited US over 10 times in my life, never overstayed and probably the US consul will deny my visa application, just like he did when I was 14 and wanted to visit my family in US for 3 months, because as he said : "Ms A.B will use the tourist visa to work illegally in US and she won't come back to Poland". Yeaaaaa... right a 14-year old leaving her own mother and the rest of the family, friends and school, just to work in US and live there. Next year I applied again and I got my visa for 10 years and during that time I never did what "smart American consul" predicted. And now, when I think about going to the US embassy and pay 393,00 zł for it, I'm starting to consider is it worth it. There are thousand places in the world that are more worth it, but my nice, nephew and sis live in US ;( and I miss them so much. I wonder if "smart American Consul" will deny my mums application, he did it before 3 times in a row ;) taking from her over 1000,00 zł just for talking with her for 10 minutes.
Hm...it's all about the money. I could write more about treating Poles in US and before they even enter the US in comparison to how they treat Mexicans - that is a story!

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Edited by: skysoulmate Mar 23, 10, 10:28 #40

kwestionariusz:

I could write more about treating Poles in US and before they even enter the US in comparison to how they treat Mexicans - that is a story!

Well, why don't you? ...and I'm confused, are you supportive of what her boyfriend did - which is of course why so many Poles get their visas denied - or are you not?

The way I understand it they simply use statistics. If in the last year 10, 20 or whatever percentage of Poles (or whatever nationality) overstayed their visa than they'll derive a percentage of how many "high-risk" Poles will be denied. So if the majority of those overstaying are let's say single men in their 20s then that's the demographic they'll target - not only them but primarily that group.

Not saying it's right or wrong just that honest people are punished by the actions of the dishonest people. Likewise honest Mexicans may not participate in the green card lottery because of the dishonest Mexicans.

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Mar 23, 10, 10:49 #41

skysoulmate:

The way I understand it they apply simply statistics. If in the last year 10, 20 or whatever percentage of Poles (or whatever nationality) overstayed their visa than they'll derive a percentage of how many "high-risk" Poles will be denied. So if the majority of those overstaying are let's say single men in their 20s then that's the demographic they'll target - not only them but primarily that group.

I'd still like to see that statistic.

skysoulmate:

Well, why don't you? ...and I'm confused, are you supportive of what her boyfriend did - which is of course why so many Poles get their visas denied - or are you not?

People that overstay their visas are sh*tting in the pool. They are completely f*cking Poles who follow the rules. It's criminal. Confiscate their property and sell it to cover the cost of deporting them.

Nonetheless, I still would like to see the overstay estimate numbers.....

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Edited by: skysoulmate Mar 24, 10, 05:59 #42

convex:

I'd still like to see that statistic.

I don't know this website but it came up in my search. From what I heard (and the article seems to support it) Poland's "overstay rate" has been dropping to almost the minimum required level when Poland (and many other countries that aren't part of the VWP) got caught up in a change of the law agreed upon by both republicans and democrats which in effect makes reaching the new goal or limit even harder.

"...Currently all but five European Union member countries participate in the VWP. In addition to Poland, which joined the EU in 1999, the other exceptions are Greece, Cyprus, Romania and Bulgaria.

Many Eastern European countries, such as the Czech Republic, Estonia, Hungary, Latvia, Lithuania and Slovakia, were accepted into the program in November 2008. Czech Prime Minister Mirek Topolanek said at the time that the decision was “a removal of the last relic of Communism and the Cold War.”

Poland was omitted largely because it failed to meet the required rate of visa refusals. This rate is considered an indicator of how many applicants plan to overstay their tourist visas and possibly work in the U.S. without permission. Currently, in order to participate in the VWP, a country’s visa refusal rate has to be less than 10%.

In 2008, Poland had a 13.8% visa refusal rate, which actually was considered a big success since only a year earlier it was almost twice as high. Moreover, nowadays fewer Poles seem interested in coming to the U.S. Instead, some look for employment within the EU, where many countries have opened their job markets to Polish citizens..."

http://feetin2worlds.wordpress.com/2009/05/28/goal-of-visiting-the-u-s -without-a-visa-still-eludes-poles/

convex:

People that overstay their visas are sh*tting in the pool. They are completely f*cking Poles who follow the rules. It's criminal. Confiscate their property and sell it to cover the cost of deporting them.

Nonetheless, I still would like to see the overstay estimate numbers.....

See your point but I think we need to improve our border enforcement and our tracking system first. The system is biased and favors mexicans due to their proximity to the US amongst many other things.

segan	Mar 24, 10, 08:12 #43
@ poster ...your boyfriend should be deported..Is people like yout boyfriend that has made if very difficult for poland to be included in the US visa waiver program because of his overstay visa status..Is a shame! I dont pity him he should be dealt with...

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Mar 24, 10, 08:28 #44

skysoulmate:

In 2008, Poland had a 13.8% visa refusal rate, which actually was considered a big success since only a year earlier it was almost twice as high. Moreover, nowadays fewer Poles seem interested in coming to the U.S. Instead, some look for employment within the EU, where many countries have opened their job markets to Polish citizens..."

Right, the refusal rate is arbitrary, and up until recently was near 30%, which was a complete joke. Before the VWP, Czech students just went down to the consulate, had a quick interview, and were given a visa. Some Poles had to come back two or three times. We're talking kids and the elderly, not young workers. The criteria was different for Poles than that for people from other CEE countries. I don't have a problem with tight controls, but why apply them so unevenly?

Regarding US-VISIT, it's broken beyond belief. Fix that and you take care of 50% of the illegal immigration problem.

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Mar 24, 10, 09:15 #45

convex:

...The criteria was different for Poles than that for people from other CEE countries. I don't have a problem with tight controls, but why apply them so unevenly?

What makes you say that? I have heard that more Poles would overstay their visas than let's say Czechs because Poles simply had more relatives, friends, etc. in the US which helped them in finding jobs. Had the Czechs had the same overstaying rate I think they too would've been excluded from the VWP.

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Mar 24, 10, 10:10 #46

skysoulmate:

What makes you say that? I have heard that more Poles would overstay their visas than let's say Czechs because Poles simply had more relatives, friends, etc. in the US which helped them in finding jobs. Had the Czechs had the same overstaying rate I think they too would've been excluded from the VWP.

Just an observation of people that got a visa (in CZ), vs people who were rejected (in PL). No one can find the overstay data, and the refusal rate is what has been cited as being the main reason that Poland wasn't accepted in the VWP.

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Edited by: skysoulmate Mar 24, 10, 10:22 #47

I guess I don't follow. Poland and several other countries did not meet the requirements so they're not part of the VWP. Czech Republic did - so they're part of VWP (I think?).

When it comes to the illegal immigration from Mexico INS can't even attempt to control it so they try to control what's "easy to control". Besides, La Raza, ACLU, etc. like to defend the Latino immigrants but they don't care much for the European immigrants - reverse rasism I guess.

People flying in versus those jumping the fence are easier to track and to control. Is it right? No. But I don't see an anti-Polish or a pro-Czech conspiracy. Fewer of them overstay their visa because historically most Czechs come to Germany rather than the US whereas there's a huge Polish community in the US which often is a magnet for others to come, including those who break the law.

Same link again:

"...Poland was omitted largely because it failed to meet the required rate of visa refusals. This rate is considered an indicator of how many applicants plan to overstay their tourist visas and possibly work in the U.S. without permission. Currently, in order to participate in the VWP, a country’s visa refusal rate has to be less than 10%.

In 2008, Poland had a 13.8% visa refusal rate, which actually was considered a big success since only a year earlier it was almost twice as high.

http://feetin2worlds.wordpress.com/2009/05/28/goal-of-visiting-the-u-s -without-a-visa-still-eludes-poles/

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Mar 24, 10, 10:56 #48

skysoulmate:

I guess I don't follow. Poland and several other countries did not meet the requirements so they're not part of the VWP. Czech Republic did - so they're part of VWP (I think?)

Right, the VWP consists of two criteria. One is the refusal rate, which is arbitrary, and some how magically dropped from near 30% to 13.8% in a single year. The second is the overstay rate, which is a bit more scientific, still a guess because US-VISIT doesn't work, but still hard criteria. The first is known, the second number is nowhere to be found. I'm not saying that it was some sort of conspiracy, but it is very, very, very odd that the refusal rate would drop by such a large amount over the period of 12 months.

Back before the latest round of countries included in the VWP, I knew quite a few people from both countries applying for visas. I don't know any Czechs who were refused, that includes recently graduated students, young people with no property or jobs...you know, people you would think might not come back.... On the other hand, In Poland I know of a 12 year old who was refused a visa as well as a grandmother... That really boggles the mind.

Seeing as the refusal rate is the statistic that is constantly referenced as the reason for non inclusion in the VWP, well, it just looks a bit odd.

I agree with you completely on the Mexican issue, it's important to remember that they're becoming a very powerful voting block as well.

With the health care bill fiasco, we're pretty much assured that the Republicans are going to sweep congress. Hopefully this time they'll focus on domestic policy...

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Edited by: skysoulmate Mar 24, 10, 11:16 #49

convex:

With the health care bill fiasco, we're pretty much assured that the Republicans are going to sweep congress. Hopefully this time they'll focus on domestic policy...

Frankly I'm hoping for a third - a new party but who knows? So far 12 states have filed lawsuits against the new health care bill, including some democratic states. It'll be interesting and I have a feeling in a year and a half it will be repealed or totally revamped.
Here's a non-partisan assesement of the TARP/foreclosure program's wasteful government spending. "Health care bill" will be much more wasteful.

http://cnnmoney.mobi/money/lt_ne/lt_ne/detail/203280;jsessionid=8D0429 D986AB4C9F772EA65C32B1407B.money4

Yeah, the overstaying visa part - right after Solidarity came to power there've been several massive waves of Poles coming over. The decrease in overstaying visas you saw was when Poles were allowed to work legally in most of the EU states. Closer AND all legal.

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Mar 24, 10, 11:42 #50

skysoulmate:

The decrease in overstaying visas you saw was when Poles were allowed to work legally in most of the EU states. Closer AND all legal.

We don't know if there has been a decrease in overstays, we only know that there has been a decrease, over the last year, of visa refusals. So basically it looks like this:

2004 - Poles are allowed to work in EU countries
2006 - Refusal rate is 26%
2007 - Refusal rate is 25%
2008 - Refusal rate is 13%

No one knows what the overstay rate is. It's not published. I have no clue what the reason is for the change in denying 1:4 to denying 1:9 over the course of 12 months. That's all. I'm sure there's a reason for it, but no one knows it. It would be nice to know what it is so that we have something to talk about on the third trip to Krakow for a visa interview....

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Edited by: FUZZYWICKETS Mar 24, 10, 14:44 #51

convex wrote:

No one knows what the overstay rate is. It's not published. I have no clue what the reason is for the change in denying 1:4 to denying 1:9 over the course of 12 months.

just a thought:

it might be worth looking at how many poles actually applied for a visa to the USA 2 years ago, and how many applied over the past year. with the job market being down now, layoffs everywhere, etc., people they typically deny may not be applying as often now because they simply can't afford the trip. successful people with real estate in Poland almost always return. poor people looking for a new life elsewhere generally have less money and overstay.

all I'm saying is, you don't know how many applied, you only know what percentage of them were denied or accepted. during a crisis, people with money are generally not affected, so for them, they're still traveling and still getting visas just as easily as before the crisis because the criteria for "yea or nay" is still more or less the same.

not an opinion, just a thought.........

also, let's not overlook the fact that America had an economic meltdown recently.....this is sure to lower the number of applicants.

LAGirlThreads: 13 Posts: 598 Joined: Apr 11, 08 ♀	Mar 24, 10, 20:27 #52
Well its his fault for all of this. he should of renewed his visa or tried a way to saty in the USA. well if they deport him go to Poland and marry him and maybe they will let him back in.if people arnt going to stay here legally or try to get legalality then they should be shipped back home. One less illegal to worry about here.

TheOtherThreads: 5 Posts: 1,584 Joined: Jul 13, 09 ♂	Edited by: TheOther Mar 24, 10, 20:34 #53
convex: we only know that there has been a decrease, over the last year, of visa refusals Those numbers don't mean anything unless we know how many Poles tried to get into the country each year and what the reason for their visit was. Maybe the decrease in refusals corresponds to a decrease in Polish travellers to the US? Edit: Oops, just saw that FuzzyWickets said almost the same already.

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