If someone is deported... do they have to spend time in jail too? I thought they were just deported...

Important Note: This is not about me or my husband, but is a general question posed by someone that is potentially facing deportation and believes they will be facing jail time on top of it if they don't leave voluntarily. This person has no money and I thought it smart to just wait to be deported as they won't then have to pay the ticket home, but they say no because then they would also be facing jail time. Thanks!

I don't honestly know, but it is an interesting question --- wisdom, anyone??

Oh, and your profile says applying for AOS.... you might want to change that (and congrats on the removal of conditions approval!)

LOL it does! Changing now thanks!

Most of the time, I have heard they spend their jail time in the US and then are deported, not to serve any more jail time.

I suppose it would depend on the offense and where the crime was committed, though.

After their Deportation Hearing? Here's another question... if you have already been notified that you are facing Deportation Proceedings... can you leave the country on a plane or would you be flagged and arrested for your hearing?

I would think arrested... but then again, I have -thank God- no clue.

The poor guy is out of status because his wife never filed anything on him. He drove her car without a license. He's not in jail at the moment. He was arrested, but then released. He's facing a traffic charge and was notified of intent to deport. I guess because he's out of status they were contacted as result of his arrest.

Has the person committed a crime?

A crime? I suppose so, but it is a traffic crime and not a prisonable action.

Oh, okay. I see you posted at the same time I did. You don't go to jail for driving without a license.

I believe it reflects more poorly if they are actually deported as opposed to leaving voluntarily.

I would suggest consulting an immigration attorney on this one.

Right but he has no status... he's essentially illegal here. He thinks he's facing jail if he goes to his Deportation Hearing and I'm thinking he has no choice BUT to go to his deportation hearing. I dunno...



Agreed this is EXACTLY the advice I've given.

if he is a flight risk they might detain him till he can be deported. but if it was just an error of filing and for got to file they might give a break at hearing if he defrauded some one to get here and ran off then all bets are off

If you surf on over to immigrate2us you will see plenty of stories that involve EWI, jail, deportation. From what I gather, he will be detained and put into removal proceedings. He will then be able to leave with voluntary departure. (which of course is better than being deported.)

He will incur a ban (depending on how long he has been here) that will start once he leaves the country. You can overcome that with a waiver...

Edit: You must go to court in order to receive voluntary departure.

Whoa, whoa, whoa. Please, folks, don't speculate! If you don't know, state that. A lot of what has been said here is quite inaccurate.

Here is what I know to be true and accurate:
1. Your friend has been notified of intent to deport. You must distinguish between removal proceedings, deportation proceedings and exclusion proceedings. You will be able to tell by the paperwork he receives.
2. If he has no other means of staying in the US (is he still married to his USC wife? They could file for family based petition) then he can ask for voluntary departure at his hearing. This is a last resort before abandoning efforts to remain lawfully in the US.
3. Voluntary departure is DISCRETIONARY. The judge on the case can grant it at their own discretion.
4. Since he has accumulated illegal presence in the US he will be subject to a bar. If he has been here over 1 year then it is a 10 year bar. This can be waived if he has a USC spouse willing to file the paperwork and prove hardship.
5. Voluntary departure is better than just being deported.

I'd consult an immigration lawyer and see if they can file for AOS.

Really? Unless you have broken a law or something and are being prosecuted for that I think you can leave on your own. This probably has a lot to do about what brought on teh deportation proceedings to begin with.

deportation = removal ... I think they dropped the word deport.

I can tell you one thing; if he has a court date in immigration court, and he doesnt show, he will be ordered removed, and he will go to jail when they catch up with him.


If he goes, and voluntarily leaves, then they will just give him a letter by when he has to depart. Dont leave....jail.

Totally agree with this.

If the guy has an order of removal, it's too late for her to file for his adjustment.

Well, she can file, but unless his removal gets overturned by an immigration judge, the INA states that aliens already in removal cannot adjust status.

He could incur a lifetime ban as well...not too probably as his offense isn't that major, but still a possibility.
Likely that filing paperwork at this point will be useless unless the removal gets overturned...again, I wouldn't say super-likely.

The ban could be overcome with a waiver, if the removal proceedings are not overturned and he goes back to his country - but depending on the country, it may or may not get approved. But his wife hasn't bothered to "file papers" (psh, as if his status isn't his responsibility either - it's not all on the USC spouse, thankyouverymuch) by now, not sure how important it'll be when he leaves then, either.

The question seems to be about leaving, there is noImmigration checks on departure.

The Airline would need to be satisfied that he could enter the Country he is returning to, normally this will be a Passport.

Some jail time then deported!