PR in jail with expired green card...

[Brother Hesekiel 2,235]

If he has been charged with a felony and gets convicted, he most likely will serve time in prison. Usually, while he's serving his sentence, USCIS will seek to revoke his status as a resident. In this case, however, his failure to file for R.O.C. will have most likely already triggered this, regardless of his trouble with the law. Either he will have a hearing in front of a judge while serving his sentence, or right afterward. His chances to avoid deportation are extremely slim. It is very unlikely that he'll be released for even a single day before deportation. V.D. is not an option in his case. An $8K - $10K attorney would try to get it, but it would really be a shot into the dark.

It is your decision in how far you want your daughter to be aware of all of these things. It's not an easy decision to make. He won't be coming back to the US for at least 10 years; more likely is that the felony conviction will make him a persona non grata even beyond the timely boundaries of the 10-year deportation bar.

I'm sorry for you, and even more for your child.

[MamaAsiya 8]

If he has been charged with a felony and gets convicted, he most likely will serve time in prison. Usually, while he's serving his sentence, USCIS will seek to revoke his status as a resident. In this case, however, his failure to file for R.O.C. will have most likely already triggered this, regardless of his trouble with the law. Either he will have a hearing in front of a judge while serving his sentence, or right afterward. His chances to avoid deportation are extremely slim. It is very unlikely that he'll be released for even a single day before deportation. V.D. is not an option in his case. An $8K - $10K attorney would try to get it, but it would really be a shot into the dark.

It is your decision in how far you want your daughter to be aware of all of these things. It's not an easy decision to make. He won't be coming back to the US for at least 10 years; more likely is that the felony conviction will make him a persona non grata even beyond the timely boundaries of the 10-year deportation bar.

I'm sorry for you, and even more for your child.

Thank you very much for this information.

[3600rs 24]

By reading your situation and what you desire; I honestly feel that the questions posted by you are beyond the scope of this forum. He needs a lawyer with immigration and criminal expertise. General knowledge is dangerous, you need specific professional advice. From the top of my head, he would first have to fight and clear all the criminal accusations in court; and having a clean slate he should then fight his case with immigration court.

[MamaAsiya 8]

By reading your situation and what you desire; I honestly feel that the questions posted by you are beyond the scope of this forum. He needs a lawyer with immigration and criminal expertise. General knowledge is dangerous, you need specific professional advice. From the top of my head, he would first have to fight and clear all the criminal accusations in court; and having a clean slate he should then fight his case with immigration court.

I am not going to pay for a lawyer. I realize the nature of this forum and I'm appreciative of the information I have received. It is a complicated situation and there can be a number of outcomes. But, if I didn't write here, I wouldn't have known to call the jail and ask about an immigration hold/detainer. The general information has been enough to help me prepare for the conversations I will need to have with my daughter. Thank you for the advisory - I will not take any one persons thoughts as law.

[3600rs 24]

I am not going to pay for a lawyer. I realize the nature of this forum and I'm appreciative of the information I have received. It is a complicated situation and there can be a number of outcomes. But, if I didn't write here, I wouldn't have known to call the jail and ask about an immigration hold/detainer. The general information has been enough to help me prepare for the conversations I will need to have with my daughter. Thank you for the advisory - I will not take any one persons thoughts as law.

Your welcome! You can get free legal suggestions and advice from the pro-bono society of your specific county. Also contact the Catholic Charities, they have a deportation legal expert on board to answer your questions based on the outcome you want.

[deidre 13]

For some reason, I always thought if an "immigrant" has a child born in the US with a US Citizen, then they have some possible grounds to be eligible to stay in the US despite the issues with law/immigration ???

[Jojo92122 1,924]

For some reason, I always thought if an "immigrant" has a child born in the US with a US Citizen, then they have some possible grounds to be eligible to stay in the US despite the issues with law/immigration ???

Nope. Having a US citizen child does not give the foreign parent any rights to be in the US. The child has rights as a US citizen. The parent is still a foreign national.

[Brother Hesekiel 2,235]

For some reason, I always thought if an "immigrant" has a child born in the US with a US Citizen, then they have some possible grounds to be eligible to stay in the US despite the issues with law/immigration ???

That would give the term "anchor baby" a completely new meaning, wouldn't it?

Pick up some homely chick in a club, get her wasted, bang her repeatedly, knock her up, and then be rewarded with permanent residency.

[Jojo92122 1,924]

That would give the term "anchor baby" a completely new meaning, wouldn't it?

Pick up some homely chick in a club, get her wasted, bang her repeatedly, knock her up, and then be rewarded with permanent residency.

Let's add - dump the girl and the baby - free pass to permanent residency.

Would people do this to stay in the US? You bet. This was the old law in the 1970's. Lot's of illegals had anchor babies and were allowed to stay legally in the US. Finally, Congress wised up and changed the law to require the US citizen child to be over 21 in order to petition for a parent.

[MamaAsiya 8]

Hi all,

He was charged with a misdemeanor and will be "released" Thursday. I'll be calling USCIS/ICE to get more information on what happens next. If you know the number to call, that would save me some time Are there any detention centers in Northern California (we're in the SF bay area)? Or are they going to transfer him to LA?

[MamaAsiya 8]

Hi all,

He was charged with a misdemeanor and will be "released" Thursday. I'll be calling USCIS/ICE to get more information on what happens next. If you know the number to call, that would save me some time Are there any detention centers in Northern California (we're in the SF bay area)? Or are they going to transfer him to LA?

I tracked down the number - strange they don't have it online. Thanks again to everyone who replied.