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Irishman set to be deported from the US

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Comments

  • Registered Users, Registered Users 2 Posts: 17,394 ✭✭✭✭Galwayguy35


    Chances are he would have had a bit of leeway if it was just the overstaying they got him on but he knowingly lied about his drug conviction.

    Everyone knows the Yanks and Canadians have a zero policy on this but instead of thanking his lucky stars he got away with it and going home when he was supposed to he decided to be a smart arse and overstay breaking another rule.


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Chances are he would have had a bit of leeway if it was just the overstaying they got him on but he knowingly lied about his drug conviction.

    Everyone knows the Yanks and Canadians have a zero policy on this but instead of thanking his lucky stars he got away with it and going home when he was supposed to he decided to be a smart arse and break another rule.

    Even though it's a small offense it's also the lying on the official documentation they take that super serious.


  • Closed Accounts Posts: 14,311 ✭✭✭✭weldoninhio


    weisses wrote: »
    Well done captain hindsight

    He knew in foresight.


  • Closed Accounts Posts: 14,311 ✭✭✭✭weldoninhio


    What's your point? Other than moving the goalposts. (The poster I had responded to referenced overstaying only.) And regardless, my point was just that he would not have known the totality of the eventual consequences of his overstaying at the time. That remains for the false declaration (which is of magnitudes more serious - that is not in dispute)





    I was in the US back in the day. I came back on day 90 (despite advice not to leave it until the last day...but I was lucky the plane was not delayed and got out with a few hours to spare). I wasn't pushed to stay there - but in any case the consequences for me was the bar on re-entry as I have decent qualifications and possibility of having to travel to US in future.
    Other fellas there overstayed because their consequences were less (at least at that time). To them it was an extended holiday and all they were going back to was the dole or a labouring job back home. I mentioned one who got married to an American, started the GC process (got divorced but still received the GC). Finally was able to come back for a visit, realized he missed home and came home a few months later (and let the GC expire). One or two got picked up and sent home. Some stayed and have families and business there. The day you stay, you don't know all the long term consequences. You know the immediate consequences which is that you will be barred from reentry after you leave. That is my only point and it can't be that difficult to understand. I am not saying your man did nothing wrong. Nor am I saying he might not have known he was supposed to get out. Or anything like that. It was a response to someone saying that he knew the consequences when he overstayed. It would be very easy to find yourself in that situation. Once you go over the 90 days, there is no turning back. The day you go over it might not seem like a big deal. By the time it becomes a big deal, it's too late. Your only option is to stay and try to get regularized. Because once you leave, you won't get back in to try to do it.

    Let’s not be over dramatic. Once you were by immigration, where your passport was stamped, you would have been fine with a plane delay.


  • Closed Accounts Posts: 14,311 ✭✭✭✭weldoninhio


    I know dude. You'd think he'd have tried to petition in 2010 or something :rolleyes:


    As for "they" and "their", yeah you are right too. Yer wan should have sorted out her residency. Her being a US citizen and all that.

    He did. It was refused.


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  • Closed Accounts Posts: 2,441 ✭✭✭Cork Trucker




  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Let’s not be over dramatic. Once you were by immigration, where your passport was stamped, you would have been fine with a plane delay.

    You just don't understand the mental anguish of possibly being delayed :pac::pac:. Let's throw open the borders so this never happens again.


  • Registered Users, Registered Users 2 Posts: 21,337 ✭✭✭✭Donald Trump


    tuxy wrote: »
    I think the point people are trying to make is that at no point was in the U.S legally. He lied on his ESTA so before he even left Ireland he had decided to enter another country illegally.
    You say after day 90 there is no going back, I'm not sure that is the case. What are the consequences if they discover you have lied on your ESTA on day 1 or 2?




    The 90 days refers to the max stay under VWP. If you hit day 91 and you are still there then you have overstayed. For that particular offence, the length you overstay is irrelavant. You get an automatic bar to re-entry for X years (I think it is 10 years). You get the same bar if you overstay one day that you get if you overstay 20 years. The black mark is automatically on your record. Hypothetically you can petition an immigration judge if say you were caught in a blizzard for a week and it cancelled all flights which meant you overstayed by one day - but you still have to do that to get it removed or else, in the eyes of the system, you will have that black mark and are as bad as a person who overstayed for 20 years.



    Given you have overstayed by a bit, there isn't a point in time where you can say "ok, I have been here 120 days now. If I get out now before things get serious, it'll be grand". Your only realistic options from day 91 are to (A) stay and make an effort to become regularized and gain status (often by marriage) over time, (B) to come home voluntarily and accept the 10-year bar, or (C) to stay and wait to be caught and sent home and then accept the 10-year bar. Given that you are there and have overstayed, there is no immediate short term benefit of doing (B). That is how people end up in the situation.


  • Registered Users, Registered Users 2 Posts: 21,337 ✭✭✭✭Donald Trump


    He did. It was refused.




    Yeah I know. I was being sarcastic to the other fella's righteous indignation :)


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun



    Someone call Tubbs we can get him in next Friday .


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  • Registered Users, Registered Users 2 Posts: 21,337 ✭✭✭✭Donald Trump


    Let’s not be over dramatic. Once you were by immigration, where your passport was stamped, you would have been fine with a plane delay.




    No, you are wrong. You might think it is being dramatic but it is an automatic system and unless you have left terra firma by midnight at the end of day 90 you are automatically blacklisted. You would likely be able to get it removed but you would need to go through the process to do so. If your day 90 is 19th July and the airline supplies the passenger list that you were on a plane that took off at 1am on 20th July, then that is what goes into the system. There aren't people looking at it and deciding "ah, we won't include this lad because it was only a few minutes over". It's just there and the next time you go to CBP at a point of entry it will come up. You might get away with it and be allowed in if you have evidence of say a flight being cancelled, but it would be difficult to have evidence of a 2 hour delay. You could have your original booking I suppose. But it would be safer to try to have it officially removed in advance


    (And there is no immigration when leaving the US...you just check in and head to your gate. There is US immigration at Dublin airport but that is a special case)


  • Registered Users, Registered Users 2 Posts: 5,424 ✭✭✭notobtuse


    Pike County Correctional Facility is 15 minutes up the road from me and is an easy jail to be in. Non violent offenders usually get work release and are given several hours free time on the outside each day they work to do what they want. They basically just spend the evening and night in lockup. I’ve hired people on work release. But if he refuses to be deported he will be moved to another jail which will probably be much worse.

    A deal was just offered to him…
    "Sign documentation that would give him a passport to leave the country, but ban him from entering the US for five years. After this time has passed, he would then have the opportunity to reapply for visiting rights to the United States. However, that application does not give him a guarantee that he is allowed to return. Failure to sign the documentation, could result in up to four years in jail. Mr Byrne said he was told he would also be brought to another jail and it would take more than a year for his case to be heard in front of a federal judge. Mr Byrne said a US immigration judge only hears deportation appeals under exceptional circumstances."

    Personally I think he should take the deal, bring his wife and kids over, and after 5 years try again to live in the US.

    Mr Byrne does have an ally in the US government, and Congressman Brendan Boyle is taking up his cause... but is not very optimistic.

    You can ignorantly accuse me of "whataboutism," but what it really is involves identifying similar scenarios in order to see if it holds up when the shoe is on the other foot!



  • Closed Accounts Posts: 2,441 ✭✭✭Cork Trucker


    Calhoun wrote: »
    Someone call Tubbs we can get him in next Friday .

    Tubs is off air (or at least the Late Late is) until September :pac: First show back maybe? Or he could appear on the Nathan Carter show at the 3 arena next Friday?


  • Closed Accounts Posts: 2,441 ✭✭✭Cork Trucker


    notobtuse wrote: »
    Pike County Correctional Facility is 15 minutes up the road from me and is an easy jail to be in. Non violent offenders usually get work release and are given several hours free time on the outside each day they work to do what they want. They basically just spend the evening and night in lockup. I’ve hired people on work release. But if he refuses to be deported he will be moved to another jail which will probably be much worse.

    A deal was just offered to him…
    "Sign documentation that would give him a passport to leave the country, but ban him from entering the US for five years. After this time has passed, he would then have the opportunity to reapply for visiting rights to the United States. However, that application does not give him a guarantee that he is allowed to return. Failure to sign the documentation, could result in up to four years in jail. Mr Byrne said he was told he would also be brought to another jail and it would take more than a year for his case to be heard in front of a federal judge. Mr Byrne said a US immigration judge only hears deportation appeals under exceptional circumstances."

    Personally I think he should take the deal, bring his wife and kids over, and after 5 years try again to live in the US.
    He signed for his deportation, i posted the link a few comments back. As for the family following him here, that will be problematic, the eldest child is not his rather the father is a US citizen and i'm sure he will resist any attempt to permanently take his child out of the country.


  • Registered Users, Registered Users 2 Posts: 5,424 ✭✭✭notobtuse


    He signed for his deportation, i posted the link a few comments back. As for the family following him here, that will be problematic, the eldest child is not his rather the father is a US citizen and i'm sure he will resist any attempt to permanently take his child out of the country.
    Thanks, I didn't see you did that. Yes, the oldest child's situation can be a problem. Does anybody know if the biological father is involved in raising the son? The deal isn't ideal but the alternative of staying in jail for 4 years would be far worse for the family.

    You can ignorantly accuse me of "whataboutism," but what it really is involves identifying similar scenarios in order to see if it holds up when the shoe is on the other foot!



  • Registered Users, Registered Users 2 Posts: 21,337 ✭✭✭✭Donald Trump


    notobtuse wrote: »
    Thanks, I didn't see you did that. Yes, the oldest child's situation can be a problem. Does anybody know if the biological father is involved in raising the son? The deal isn't ideal but the alternative of staying in jail for 4 years would be far worse for the family.




    In general in the US there would be involvement in the sense of child support at least. It is generally strictly enforced unless the father has nothing. (Assuming he is still alive and a US citizen)


    He could also prevent the child from being taken out of the country I think by refusing to sign documents allowing it happen. He wouldn't have to be proactive in stopping him.


  • Registered Users, Registered Users 2 Posts: 8,575 ✭✭✭Rows Grower


    "Very soon we are going to Mars. You wouldn't have been going to Mars if my opponent won, that I can tell you. You wouldn't even be thinking about it."

    Donald Trump, March 13th 2018.



  • Registered Users, Registered Users 2 Posts: 18,824 ✭✭✭✭rob316


    Signed the documents to go home in the next 2 or 3 weeks. They're will be no miracle intervention he's hoping for.


  • Registered Users, Registered Users 2 Posts: 16,499 ✭✭✭✭DEFTLEFTHAND


    Sentence should be a 6 month jail term followed by a Deportation Order.

    This chancer should be shown no mercy.


    If you make bad choices in life then you will eventually suffer the consequences.


    He's a bloody disgrace.


  • Closed Accounts Posts: 1,523 ✭✭✭Sonny noggs


    Sentence should be a 6 month jail term followed by a Deportation Order.

    This chancer should be shown no mercy.


    If you make bad choices in life then you will eventually suffer the consequences.


    He's a bloody disgrace.

    Lock him up for the number of days he overstayed. That would soften his cough.


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  • Registered Users, Registered Users 2 Posts: 21,337 ✭✭✭✭Donald Trump


    rob316 wrote: »
    Signed the documents to go home in the next 2 or 3 weeks. They're will be no miracle intervention he's hoping for.




    Well it's unlikely but not impossible. From what I read, I gathered he signed documents which allow ICE to apply to renew his Irish passport - not necessarily some explicit agreement. They don't want to or can't send him back without a valid passport (well there probably is a mechanism to do so but I'd say it is more bureaucratic. They might need Irish officials to agree to accept some fella without documents)


    He still has a couple of weeks.


  • Closed Accounts Posts: 2,441 ✭✭✭Cork Trucker


    Well it's unlikely but not impossible. From what I read, I gathered he signed documents which allow ICE to apply to renew his Irish passport - not necessarily some explicit agreement. They don't want to or can't send him back without a valid passport (well there probably is a mechanism to do so but I'd say it is more bureaucratic. They might need Irish officials to agree to accept some fella without documents)


    He still has a couple of weeks.

    What are his visitation rights while he awaits deportation? Does he remain at his current place of incarceration while awaiting same or is he moved to a jail?


  • Banned (with Prison Access) Posts: 391 ✭✭99problems1


    Looks like Byrne is going to win.

    Lesson for everyone dreaming of America but not allowed legally. Have kids over there and it'll be fine.


  • Closed Accounts Posts: 8,492 ✭✭✭Sir Oxman


    I have zero problem with what the US authorities have decided - to let him home and afford him a hearing.
    It's their decision.

    The guy is not #1 on the FBI Most Wanted list.
    I'd love to know for sure was it Irish lobbying that got him this concession.

    I wouldn't imagine anyone would think it's now 'easy'. I'd hate to live like that constantly looking over my shoulder


  • Closed Accounts Posts: 2,441 ✭✭✭Cork Trucker


    The floodgates will open, he's not out of the woods yet but if he pulls this off America will expose itself, as mentioned, have kids,get married stay off the FBI radar, job done.


  • Registered Users, Registered Users 2 Posts: 1,671 ✭✭✭con___manx1


    We give out about illegals here. One crashed into my car no insurance or nothing. I know he is one of our own but he shouldnt of went there illegally in the first place.


  • Closed Accounts Posts: 14,311 ✭✭✭✭weldoninhio


    Looks like Byrne is going to win.

    Lesson for everyone dreaming of America but not allowed legally. Have kids over there and it'll be fine.

    He'll be out in 30 days. He's won nothing.


  • Closed Accounts Posts: 2,441 ✭✭✭Cork Trucker


    He'll be out in 30 days. He's won nothing.

    Why would they release him if he's being deported? or are they satisfied he's not a flight risk? has he been tagged etc?


  • Closed Accounts Posts: 14,311 ✭✭✭✭weldoninhio


    Why would they release him if he's being deported? or are they satisfied he's not a flight risk? has he been tagged etc?

    They've released him pending his court appearance. He's more than likely been told to get his affairs in order in those 30 days.


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  • Banned (with Prison Access) Posts: 391 ✭✭99problems1


    They've released him pending his court appearance. He's more than likely been told to get his affairs in order in those 30 days.

    He's going to get another hearing which we know how it's gonna go.

    He's going to be allowed stay due to the irish lobbying. You can be sure they're all in the background supporting Byrne in this case.

    The media has a lot to answer for, making out he's the victim in this.


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