Australian Overstayed 2.5 months in US on Visa Waver Program - being deported

[bicycle]

My boyfriend is Australian and I am Canadian. We were on a bicycling trip across America from Florida to Washington State for 5 1/2 months. My boyfriend entered on the Visa Waver Program.

When we went into the Canadian border at the Sumas crossing the immigration officer told us to return to the US and come back once we had bank statements to show he had enough funds to enter Canada as a visitor. We were not denied entry into Canada only asked to get more documentation and comeback. Unfortunately as my Australian boyfriend was 2 1/2 months over his visa waver program he was immediately taken into custody at the American border and sent to a detention centre in Tacoma Washington. My boyfriend does not have a criminal record or previous deportations/violations.

He has been in the detention centre 5 days and has seen a case officer and is awaiting deportation. He has violated the Visa Waver Program. The Australian Embassy has been contacted.

Can he be deported back to Canada? Will he be allowed in the USA again? Will this affect him when he travels to other countries in Europe like the UK or France? Is there anything a immigration lawyer could do to help us have a more favourable outcome?

[AFFA]

I wish to inform you that generally a person is deported to the country of the person. As overstay is 2 and half months therefore re-entry ban may not be imposed. However as your boyfriend has overstayed therefore he may not come to USA on Visa Waiver program. Further if your boyfriend intends to go UK or other country then although present overstay does not restrict entry into those country but will certainly affect the mind of visa official.

AFF