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MamaAsiya

PR in jail with expired green card...

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Filed: Country: Tanzania
Timeline

Hello,

My ex-husband (divorce will be final in ~3 months) just called from jail. His conditional green card is expired. I believe he has received a NTA but I do not know the date. I noticed there is no bail set and was wondering if he might get transferred to federal due to his immigration status. Does anyone know what will happen? He has a record - spousal battery and using the light rail without tickets, both misdemeanors. I don't know what he was arrested for this time. I don't know if I will be able to go to his hearing on Thursday because it's our daughter's birthday and I'm not exactly eager to go to court.

Any information would be greatly appreciated.

Thanks in advance,

Mama Asiya


K-3 Visa

Service Center: California Service Center

Consulate: Tanzania

01-01-2007 Marriage

01-24-2008 I-130 Sent

02-14-2008 I-130 NOA1

02-20-2008 I-129F Sent

02-22-2008 I-129F NOA1

05-07-2008 I-129F/I-130 NOA2

05-15-2008 NVC Received

05-19-2008 Consulate Received

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Filed: Other Timeline

Unlike with the (unconditional) 10-year Green Card, the expiration of a conditional Green Card also terminates the resident's status as a LPR. In order to remain a resident, he would have to remove conditions via form I-751 on his own within the 90-day time period prior to his Green Card's expiration date. You did not mention on whether or not he did that. Do you know anything about that?

If he did not file for R.O.C., the USCIS will seek to have him removed from the U.S.. With a spousal battery conviction on his record, he will have a hard time fighting this successfully.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Country: Tanzania
Timeline

Hi Bob,

Long story short, he did not file I-751. I'm sure removal proceedings will begin shortly. I was wondering if he will be released from jail or if they will continue to hold him. Any thoughts?


K-3 Visa

Service Center: California Service Center

Consulate: Tanzania

01-01-2007 Marriage

01-24-2008 I-130 Sent

02-14-2008 I-130 NOA1

02-20-2008 I-129F Sent

02-22-2008 I-129F NOA1

05-07-2008 I-129F/I-130 NOA2

05-15-2008 NVC Received

05-19-2008 Consulate Received

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Filed: Country:
Timeline

Once he's in Removal Proceedings (probably already is hence the Notice To Appear) he should have an Immigration Hold put on him so that even if he does bond out he would just be forwarded to ICE custody.

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Filed: Country: Tanzania
Timeline

So, when he enters removal proceedings an immigration hold is automatically put on him? Or do they have to notice he's in jail then decide to issue an immigration hold? I'm wondering if he will ever be out of custody before he's deported. It would be a shame if our daughter does not get to say a proper farewell.


K-3 Visa

Service Center: California Service Center

Consulate: Tanzania

01-01-2007 Marriage

01-24-2008 I-130 Sent

02-14-2008 I-130 NOA1

02-20-2008 I-129F Sent

02-22-2008 I-129F NOA1

05-07-2008 I-129F/I-130 NOA2

05-15-2008 NVC Received

05-19-2008 Consulate Received

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Filed: Country: Tanzania
Timeline

What is VD? Do the ICE detention centers have visitation rooms or is there a glass wall? Thanks for all the helpful replies.


K-3 Visa

Service Center: California Service Center

Consulate: Tanzania

01-01-2007 Marriage

01-24-2008 I-130 Sent

02-14-2008 I-130 NOA1

02-20-2008 I-129F Sent

02-22-2008 I-129F NOA1

05-07-2008 I-129F/I-130 NOA2

05-15-2008 NVC Received

05-19-2008 Consulate Received

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Filed: Timeline

What is VD? Do the ICE detention centers have visitation rooms or is there a glass wall? Thanks for all the helpful replies.

VD is Voluntary Departure which means he will pay for his own airline ticket to leave.

Different facilities are set up differently Call them and ask, once he is in the ICE facility.

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Filed: Country: Tanzania
Timeline

If he does do voluntary departure, would he be released beforehand? I guess I should save these questions for when I know more. Are there any threads you can refer me to on removal proceedings, ICE, etc?


K-3 Visa

Service Center: California Service Center

Consulate: Tanzania

01-01-2007 Marriage

01-24-2008 I-130 Sent

02-14-2008 I-130 NOA1

02-20-2008 I-129F Sent

02-22-2008 I-129F NOA1

05-07-2008 I-129F/I-130 NOA2

05-15-2008 NVC Received

05-19-2008 Consulate Received

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Filed: Timeline

Agree with Immigrate2US as the recommended place for information. I've attached a couple of good links, as well as a thread which discusses what she went through in the same (quasi) type situation. I wish you peace.

The Removal Process

Removal Proceedings

More Helpful Links

VJ Thread


iagree.gif

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Filed: Country: Tanzania
Timeline

I can't tell you how much I appreciate the information. I found out he was charged with burglary, first degree (a residence) and there is an immigration hold. I'm going to assume he'll be found guilty. Will he have to serve out his sentence or is it possible he will be deported sooner? We're in California.


K-3 Visa

Service Center: California Service Center

Consulate: Tanzania

01-01-2007 Marriage

01-24-2008 I-130 Sent

02-14-2008 I-130 NOA1

02-20-2008 I-129F Sent

02-22-2008 I-129F NOA1

05-07-2008 I-129F/I-130 NOA2

05-15-2008 NVC Received

05-19-2008 Consulate Received

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Filed: Country:
Timeline

He will serve any sentence that is imposed and be deported upon release. Because of the Immigration hold you don't need to worry about him bonding out.

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Filed: Country: Tanzania
Timeline

Will they skip the immigration hearing?


K-3 Visa

Service Center: California Service Center

Consulate: Tanzania

01-01-2007 Marriage

01-24-2008 I-130 Sent

02-14-2008 I-130 NOA1

02-20-2008 I-129F Sent

02-22-2008 I-129F NOA1

05-07-2008 I-129F/I-130 NOA2

05-15-2008 NVC Received

05-19-2008 Consulate Received

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