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marcy_d

deportation and jail

By marcy_d in Effects of Major Family Changes on Immigration Benefits

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marcy_d Apprentice

marcy_d   0

Posted
Filed: Country: Canada
 Timeline
Posted

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!

* 129F filed in Nebraska in Aug 2004

* NOA1 August 3, 2004

* APPROVED NOA2 November 30, 2004 OMG :D :D :D (119 days)

* NSC forwards package to Vancouver Consulate on Dec 16, 2004

* Packet received by Vancouver Consulate on Dec 27, 2004

* Package 3 received by Smiwi on Dec 30, 2004

* Checklist returned to Vancouver Consulate on Jan 3, 2005 with requested interview date of Jan 25, 2005

* Package 4 received by Smiwi on January 11, 2005

* Interview scheduled for January 25, 2005 @ 10 am

* Visa Granted!!!! January 25, 2005

* Cross into the United States @ Niagra Falls January 26, 2005

* 2/18 MARRIED :D

* AOS finally filed April 25, 2005

* NOA1 June 1

* Biometrics July 7

* AOS interview for October 25, 2005 8:30 am!!!!!!!!!!!!! woot!

* Green card effective 10/25/2005

*I-751 filed July 27, 2007

Evidence

2 letters of attestation, our driver's licenses, bank statement, 2006 & 2005 joint tax returns, 403B and life ins beneficiary statements, car insurance, mortgage documents, credit cards (oye), health ins, airline tickets from a trip together, a variety of pictures

*I-751 Received by NSC July 30, 2007

*10 yr Green card issued without interview effective 11/28/2007

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Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
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!)

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marcy_d Apprentice

marcy_d   0

Posted
Filed: Country: Canada
 Timeline
  • Author
Posted
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!

* 129F filed in Nebraska in Aug 2004

* NOA1 August 3, 2004

* APPROVED NOA2 November 30, 2004 OMG :D :D :D (119 days)

* NSC forwards package to Vancouver Consulate on Dec 16, 2004

* Packet received by Vancouver Consulate on Dec 27, 2004

* Package 3 received by Smiwi on Dec 30, 2004

* Checklist returned to Vancouver Consulate on Jan 3, 2005 with requested interview date of Jan 25, 2005

* Package 4 received by Smiwi on January 11, 2005

* Interview scheduled for January 25, 2005 @ 10 am

* Visa Granted!!!! January 25, 2005

* Cross into the United States @ Niagra Falls January 26, 2005

* 2/18 MARRIED :D

* AOS finally filed April 25, 2005

* NOA1 June 1

* Biometrics July 7

* AOS interview for October 25, 2005 8:30 am!!!!!!!!!!!!! woot!

* Green card effective 10/25/2005

*I-751 filed July 27, 2007

Evidence

2 letters of attestation, our driver's licenses, bank statement, 2006 & 2005 joint tax returns, 403B and life ins beneficiary statements, car insurance, mortgage documents, credit cards (oye), health ins, airline tickets from a trip together, a variety of pictures

*I-751 Received by NSC July 30, 2007

*10 yr Green card issued without interview effective 11/28/2007

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*JG* Grand Master

*JG*   2

Posted
Filed: Country: Jamaica
 Timeline
Posted

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.

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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marcy_d Apprentice

marcy_d   0

Posted
Filed: Country: Canada
 Timeline
  • Author
Posted
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.

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?

* 129F filed in Nebraska in Aug 2004

* NOA1 August 3, 2004

* APPROVED NOA2 November 30, 2004 OMG :D :D :D (119 days)

* NSC forwards package to Vancouver Consulate on Dec 16, 2004

* Packet received by Vancouver Consulate on Dec 27, 2004

* Package 3 received by Smiwi on Dec 30, 2004

* Checklist returned to Vancouver Consulate on Jan 3, 2005 with requested interview date of Jan 25, 2005

* Package 4 received by Smiwi on January 11, 2005

* Interview scheduled for January 25, 2005 @ 10 am

* Visa Granted!!!! January 25, 2005

* Cross into the United States @ Niagra Falls January 26, 2005

* 2/18 MARRIED :D

* AOS finally filed April 25, 2005

* NOA1 June 1

* Biometrics July 7

* AOS interview for October 25, 2005 8:30 am!!!!!!!!!!!!! woot!

* Green card effective 10/25/2005

*I-751 filed July 27, 2007

Evidence

2 letters of attestation, our driver's licenses, bank statement, 2006 & 2005 joint tax returns, 403B and life ins beneficiary statements, car insurance, mortgage documents, credit cards (oye), health ins, airline tickets from a trip together, a variety of pictures

*I-751 Received by NSC July 30, 2007

*10 yr Green card issued without interview effective 11/28/2007

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Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
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.

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.

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marcy_d Apprentice

marcy_d   0

Posted
Filed: Country: Canada
 Timeline
  • Author
Posted

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.

* 129F filed in Nebraska in Aug 2004

* NOA1 August 3, 2004

* APPROVED NOA2 November 30, 2004 OMG :D :D :D (119 days)

* NSC forwards package to Vancouver Consulate on Dec 16, 2004

* Packet received by Vancouver Consulate on Dec 27, 2004

* Package 3 received by Smiwi on Dec 30, 2004

* Checklist returned to Vancouver Consulate on Jan 3, 2005 with requested interview date of Jan 25, 2005

* Package 4 received by Smiwi on January 11, 2005

* Interview scheduled for January 25, 2005 @ 10 am

* Visa Granted!!!! January 25, 2005

* Cross into the United States @ Niagra Falls January 26, 2005

* 2/18 MARRIED :D

* AOS finally filed April 25, 2005

* NOA1 June 1

* Biometrics July 7

* AOS interview for October 25, 2005 8:30 am!!!!!!!!!!!!! woot!

* Green card effective 10/25/2005

*I-751 filed July 27, 2007

Evidence

2 letters of attestation, our driver's licenses, bank statement, 2006 & 2005 joint tax returns, 403B and life ins beneficiary statements, car insurance, mortgage documents, credit cards (oye), health ins, airline tickets from a trip together, a variety of pictures

*I-751 Received by NSC July 30, 2007

*10 yr Green card issued without interview effective 11/28/2007

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marcy_d Apprentice

marcy_d   0

Posted
Filed: Country: Canada
 Timeline
  • Author
Posted

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

* 129F filed in Nebraska in Aug 2004

* NOA1 August 3, 2004

* APPROVED NOA2 November 30, 2004 OMG :D :D :D (119 days)

* NSC forwards package to Vancouver Consulate on Dec 16, 2004

* Packet received by Vancouver Consulate on Dec 27, 2004

* Package 3 received by Smiwi on Dec 30, 2004

* Checklist returned to Vancouver Consulate on Jan 3, 2005 with requested interview date of Jan 25, 2005

* Package 4 received by Smiwi on January 11, 2005

* Interview scheduled for January 25, 2005 @ 10 am

* Visa Granted!!!! January 25, 2005

* Cross into the United States @ Niagra Falls January 26, 2005

* 2/18 MARRIED :D

* AOS finally filed April 25, 2005

* NOA1 June 1

* Biometrics July 7

* AOS interview for October 25, 2005 8:30 am!!!!!!!!!!!!! woot!

* Green card effective 10/25/2005

*I-751 filed July 27, 2007

Evidence

2 letters of attestation, our driver's licenses, bank statement, 2006 & 2005 joint tax returns, 403B and life ins beneficiary statements, car insurance, mortgage documents, credit cards (oye), health ins, airline tickets from a trip together, a variety of pictures

*I-751 Received by NSC July 30, 2007

*10 yr Green card issued without interview effective 11/28/2007

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Krikit Grand Master

Krikit   1,163

Posted
Filed: Timeline
Posted
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.

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

iagree.gif
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*JG* Grand Master

*JG*   2

Posted
Filed: Country: Jamaica
 Timeline
Posted

I would suggest consulting an immigration attorney on this one.

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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Share on other sites
marcy_d Apprentice

marcy_d   0

Posted
Filed: Country: Canada
 Timeline
  • Author
Posted

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...

I would suggest consulting an immigration attorney on this one.

Agreed this is EXACTLY the advice I've given.

* 129F filed in Nebraska in Aug 2004

* NOA1 August 3, 2004

* APPROVED NOA2 November 30, 2004 OMG :D :D :D (119 days)

* NSC forwards package to Vancouver Consulate on Dec 16, 2004

* Packet received by Vancouver Consulate on Dec 27, 2004

* Package 3 received by Smiwi on Dec 30, 2004

* Checklist returned to Vancouver Consulate on Jan 3, 2005 with requested interview date of Jan 25, 2005

* Package 4 received by Smiwi on January 11, 2005

* Interview scheduled for January 25, 2005 @ 10 am

* Visa Granted!!!! January 25, 2005

* Cross into the United States @ Niagra Falls January 26, 2005

* 2/18 MARRIED :D

* AOS finally filed April 25, 2005

* NOA1 June 1

* Biometrics July 7

* AOS interview for October 25, 2005 8:30 am!!!!!!!!!!!!! woot!

* Green card effective 10/25/2005

*I-751 filed July 27, 2007

Evidence

2 letters of attestation, our driver's licenses, bank statement, 2006 & 2005 joint tax returns, 403B and life ins beneficiary statements, car insurance, mortgage documents, credit cards (oye), health ins, airline tickets from a trip together, a variety of pictures

*I-751 Received by NSC July 30, 2007

*10 yr Green card issued without interview effective 11/28/2007

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vbtbmrt Rising Star

vbtbmrt   2

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

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

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Singers Enthusiast

Singers   0

Posted
Filed: Other Timeline
Posted (edited)

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.

Edited by Singers

Nothing I say is legal advice. I recommend you consult a qualified immigration attorney for any questions you may have.

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