deportation and jail

[diadromous mermaid 36]

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.

[Singers 0]

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.

[archie07 0]

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.

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

[Jasman0717 8]

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.

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.

Edited December 6, 2007 by jasman0717

[desert_fox 32]

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.

[~Laura and Nick~ 5]

I would suggest consulting an immigration attorney on this one.

Totally agree with this.

[rebeccajo 14]

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.

[athena_ny 1]

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.

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.

[Boiler 43,464]

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.

[zqt3344 21]

Some jail time then deported!