Please help: Arrested for out of status..what now?
My brother and I went in for special registration. He got arrested for
out of status. Basically, he came in w/F-1, I-20 visa to go to specific school, which he attended briefly, he wasn't going to school for awhile..Recently he has started to attend community colleges (he didn't get new I-20) on his own part time. He also married a USC almost 1 year ago, but has not adjust his status (his plans was to do special registrations first, then do his adjustment of status--in hindsight, this was probably a mistake). Well now since it's all too late, can he at least request for voluntary departure? can he bail out? After all, he is the only one who can close his bank acc., apart. lease,...the rest of stuffs I can try to sell myself. I'm afraid to go to lawyer b/c it could be very expensive. He was deported several years back, but he was given a voluntary deported and he was able to live out of the detention and leave w/in 6 mo. which he did. Can anyone with advice tell me how to help him please? Thank you for taking the time. |
Re: Please help: Arrested for out of status..what now?
soops wrote:
> > My brother and I went in for special registration. He got arrested for > out of status. Basically, he came in w/F-1, I-20 visa to go to > specific school, which he attended briefly, he wasn't going to school > for awhile..Recently he has started to attend community colleges (he > didn't get new I-20) on his own part time. He also married a USC > almost 1 year ago, but has not adjust his status (his plans was to do > special registrations first, then do his adjustment of status--in > hindsight, this was probably a mistake). > > Well now since it's all too late, can he at least request for > voluntary departure? can he bail out? After all, he is the only one > who can close his bank acc., apart. lease,...the rest of stuffs I can > try to sell myself. I'm afraid to go to lawyer b/c it could be very > expensive. > > He was deported several years back, but he was given a voluntary > deported and he was able to live out of the detention and leave w/in 6 > mo. which he did. Can anyone with advice tell me how to help him > please? Thank you for taking the time. What a mess people get themselves into. Immigration is a serious business and having been deported once, he should have understood that. Now he'll have to face the music. I suspect having been put in deportation once, they aren't going to be too happy to let him depart voluntarily again. He should most definitely get legal help before he leaves the country, because once he's out of the US, he's cooked for 3 or even 10 years, if he isn't given a lifetime bar considering that it sure looks like he wasn't a genuine student and that would be visa fraud. Part time community college doesn't count. A USC spouse doesn't help one bit once out of the US and with bars in place. |
Re: Please help: Arrested for out of status..what now?
On Tue, 22 Apr 2003 19:26:29 +0000, S B wrote:
> soops wrote: >> >> My brother and I went in for special registration. He got arrested for >> out of status. Basically, he came in w/F-1, I-20 visa to go to >> specific school, which he attended briefly, he wasn't going to school >> for awhile..Recently he has started to attend community colleges (he >> didn't get new I-20) on his own part time. He also married a USC >> almost 1 year ago, but has not adjust his status (his plans was to do >> special registrations first, then do his adjustment of status--in >> hindsight, this was probably a mistake). >> >> Well now since it's all too late, can he at least request for >> voluntary departure? can he bail out? After all, he is the only one >> who can close his bank acc., apart. lease,...the rest of stuffs I can >> try to sell myself. I'm afraid to go to lawyer b/c it could be very >> expensive. >> >> He was deported several years back, but he was given a voluntary >> deported and he was able to live out of the detention and leave w/in 6 >> mo. which he did. Can anyone with advice tell me how to help him >> please? Thank you for taking the time. > > What a mess people get themselves into. Immigration is a serious > business and having been deported once, he should have understood that. > Now he'll have to face the music. I suspect having been put in > deportation once, they aren't going to be too happy to let him depart > voluntarily again. > > He should most definitely get legal help before he leaves the country, > because once he's out of the US, he's cooked for 3 or even 10 years I agree with everything you say, except for this. The bans are quite different when deportation is involved. After a deportation, the ban usually is five years. After a second deportation, it usually is twenty years. After voluntary departure, there is no ban. I'm not sure if a deportation in this scenario would count as a first or second. Usually, voluntary departure is considered very similar to regular departure on time. > if he isn't given a lifetime bar considering that it sure looks like he > wasn't a genuine student and that would be visa fraud. Part time > community college doesn't count. > > A USC spouse doesn't help one bit once out of the US and with bars in > place. |
Re: Please help: Arrested for out of status..what now?
Ingo Pakleppa wrote:
> > On Tue, 22 Apr 2003 19:26:29 +0000, S B wrote: > > > soops wrote: > >> > >> My brother and I went in for special registration. He got arrested for > >> out of status. Basically, he came in w/F-1, I-20 visa to go to > >> specific school, which he attended briefly, he wasn't going to school > >> for awhile..Recently he has started to attend community colleges (he > >> didn't get new I-20) on his own part time. He also married a USC > >> almost 1 year ago, but has not adjust his status (his plans was to do > >> special registrations first, then do his adjustment of status--in > >> hindsight, this was probably a mistake). > >> > >> Well now since it's all too late, can he at least request for > >> voluntary departure? can he bail out? After all, he is the only one > >> who can close his bank acc., apart. lease,...the rest of stuffs I can > >> try to sell myself. I'm afraid to go to lawyer b/c it could be very > >> expensive. > >> > >> He was deported several years back, but he was given a voluntary > >> deported and he was able to live out of the detention and leave w/in 6 > >> mo. which he did. Can anyone with advice tell me how to help him > >> please? Thank you for taking the time. > > > > What a mess people get themselves into. Immigration is a serious > > business and having been deported once, he should have understood that. > > Now he'll have to face the music. I suspect having been put in > > deportation once, they aren't going to be too happy to let him depart > > voluntarily again. > > > > He should most definitely get legal help before he leaves the country, > > because once he's out of the US, he's cooked for 3 or even 10 years > > I agree with everything you say, except for this. The bans are quite > different when deportation is involved. After a deportation, the ban > usually is five years. After a second deportation, it usually is twenty > years. After voluntary departure, there is no ban. I'm not sure if a > deportation in this scenario would count as a first or second. Usually, > voluntary departure is considered very similar to regular departure on > time. Right ... the unlawful presence bar doesn't count because of a D/S entry. (Considering I posted about that yesterday, it should have been fresh). As I see it though, he could face a lifetime bar for visa fraud, with that history. The only way to deal with this is not to rely on people in a newsgroup. The guy is in neck deep in alligators and doing the obvious by just leaving the country without legal advice would not be smart when he might be able to get around this through his marriage. |
Re: Please help: Arrested for out of status..what now?
to update, my brother was released. He said that he made a deal
(won't tell me what, it's secret) with them. FYI, he had to quit school b/c my father (the original sponsor) couldn't pay for his education anymore. He was told that he needs to return to BCIS to special register again (he was taken by a gang squad unit for questioning from the BCIS, so he was never finish with that registration.) Anyway, before he was taken the BCIS agent told him that he could re register with the school who issued the I-20. Now, at this time I'm not sure if he would be "okay, status wise" once he pay tuition though he probably has to ask for loan. Also, is it okay for him to continue with his filing of adjustment of status. I recommend him to hire a lawyer or at least get a consultation. Because I never have to deal with lawyer, I would like to know how to find a reasonable know how immmigration attorney. I mean, friends have told me stories how most of these attorneys just take money and not caring about the outcome b/c they already get the money. I have yet to get a referral, so I'm not sure if yellow pages is the place to start. Again, thanks again to those who replied. It's great to be able to read opinions and draw conclusions from it. |
Re: Please help: Arrested for out of status..what now?
On Tue, 22 Apr 2003 21:10:33 -0700, soops wrote:
> to update, my brother was released. He said that he made a deal (won't > tell me what, it's secret) with them. FYI, he had to quit school b/c my > father (the original sponsor) couldn't pay for his education anymore. > He was told that he needs to return to BCIS to special register again > (he was taken by a gang squad unit for questioning from the BCIS, so he > was never finish with that registration.) Anyway, before he was taken > the BCIS agent told him that he could re register with the school who > issued the I-20. His very next step should be to visit an immigration attorney and have him double-check the agreement. > Now, at this time I'm not sure if he would be "okay, status wise" once > he pay tuition though he probably has to ask for loan. If this is an unpredictable financial emergency and he is an F-1, he may be able to get employment authorization. > Also, is it okay for him to continue with his filing of adjustment of > status. I recommend him to hire a lawyer or at least get a > consultation. Without knowing the agreement, it is impossible to tell you anything! > Because I never have to deal with lawyer, I would like to know how to > find a reasonable know how immmigration attorney. I mean, friends have > told me stories how most of these attorneys just take money and not > caring about the outcome b/c they already get the money. Unfortunately, these lawyers exist. The trick is to call several. Make an appointment for an initial consultation. Describe the case, and be sure to bring a copy of the "secret" agreement (usually, such agreements contain clauses that allow you to share it with an attorney or immediate family). See what the attorney has to say about it, and how comfortable you feel with it. Be sure to get an outline of the strategy the attorney will follow. Usually, I would recommend you then come back to this group and double-check if the strategy sounds reasonable before deciding. Talk to at least two or three attorneys, then choose the one you feel most comfortable with. Note that this doesn't necessarily mean, the one who promises that you will get a Green Card, but rather may well mean, one who expresses doubt and tells you "maybe, maybe not". > I have yet to get a referral, so I'm not sure if yellow pages is the > place to start. Yellow pages are really only a last resort because you have no information about the attorney. A recommendation from friends is usually better. That said, I did find a good lawyer (not immigration) through the yellow pages, and also found a good dentist. > Again, thanks again to those who replied. It's great to be able to read > opinions and draw conclusions from it. Just as long as you keep in mind that most opinions here are from amateurs. |
Re: Please help: Arrested for out of status..what now?
On Tue, 22 Apr 2003 21:37:50 +0000, S B wrote:
> Ingo Pakleppa wrote: >> >> On Tue, 22 Apr 2003 19:26:29 +0000, S B wrote: >> >> > soops wrote: >> >> >> >> My brother and I went in for special registration. He got arrested >> >> for out of status. Basically, he came in w/F-1, I-20 visa to go to >> >> specific school, which he attended briefly, he wasn't going to >> >> school for awhile..Recently he has started to attend community >> >> colleges (he didn't get new I-20) on his own part time. He also >> >> married a USC almost 1 year ago, but has not adjust his status (his >> >> plans was to do special registrations first, then do his adjustment >> >> of status--in hindsight, this was probably a mistake). >> >> >> >> Well now since it's all too late, can he at least request for >> >> voluntary departure? can he bail out? After all, he is the only one >> >> who can close his bank acc., apart. lease,...the rest of stuffs I >> >> can try to sell myself. I'm afraid to go to lawyer b/c it could be >> >> very expensive. >> >> >> >> He was deported several years back, but he was given a voluntary >> >> deported and he was able to live out of the detention and leave w/in >> >> 6 mo. which he did. Can anyone with advice tell me how to help him >> >> please? Thank you for taking the time. >> > >> > What a mess people get themselves into. Immigration is a serious >> > business and having been deported once, he should have understood >> > that. Now he'll have to face the music. I suspect having been put in >> > deportation once, they aren't going to be too happy to let him depart >> > voluntarily again. >> > >> > He should most definitely get legal help before he leaves the >> > country, because once he's out of the US, he's cooked for 3 or even >> > 10 years >> >> I agree with everything you say, except for this. The bans are quite >> different when deportation is involved. After a deportation, the ban >> usually is five years. After a second deportation, it usually is twenty >> years. After voluntary departure, there is no ban. I'm not sure if a >> deportation in this scenario would count as a first or second. Usually, >> voluntary departure is considered very similar to regular departure on >> time. > > Right ... the unlawful presence bar doesn't count because of a D/S > entry. (Considering I posted about that yesterday, it should have been > fresh). Besides, once deportation proceedings start, the unlawful presence bars no longer apply. That's why I sometimes recommend the strategy of "get yourself into deportation proceedings, then apply for voluntary departure" to get around the ban. It is SUPPOSED to work, although I have no first-hand knowledge. > As I see it though, he could face a lifetime bar for visa fraud, with > that history. I didn't see anything that would indicate fraud, but may have overlooked something. But you are right, the history may well work against him. > The only way to deal with this is not to rely on people in a newsgroup. > The guy is in neck deep in alligators and doing the obvious by just > leaving the country without legal advice would not be smart when he > might be able to get around this through his marriage. Absolutely. |
Re: Please help: Arrested for out of status..what now?
I think he is in deep problem that will be unlikely to be resolved, at
least without a super competent attorney and litigation. The guy was deported once, came in second time to go to a specific school but did not really do that, enrolled in another college against the rules. And if that is not enough he is from a country requiring special registration - Why did he not adjust status after getting married, did he had anything to hide? How long has he been here? Years or months? Is the marriage even legitimate (i.e. not for immigration purposes)? I believe that when you come into US you should obey all regulations, this person clearly did not and it is no suprise he is in deportation proceedings |
Re: Please help: Arrested for out of status..what now?
On Tue, 22 Apr 2003 19:26:29 GMT, S B
wrote: >soops wrote: >> >> My brother and I went in for special registration. He got arrested for >> out of status. Basically, he came in w/F-1, I-20 visa to go to >> specific school, which he attended briefly, he wasn't going to school >> for awhile..Recently he has started to attend community colleges (he >> didn't get new I-20) on his own part time. He also married a USC >> almost 1 year ago, but has not adjust his status (his plans was to do >> special registrations first, then do his adjustment of status--in >> hindsight, this was probably a mistake). >> >> Well now since it's all too late, can he at least request for >> voluntary departure? can he bail out? After all, he is the only one >> who can close his bank acc., apart. lease,...the rest of stuffs I can >> try to sell myself. I'm afraid to go to lawyer b/c it could be very >> expensive. >> >> He was deported several years back, but he was given a voluntary >> deported and he was able to live out of the detention and leave w/in 6 >> mo. which he did. Can anyone with advice tell me how to help him >> please? Thank you for taking the time. >What a mess people get themselves into. Immigration is a serious >business and having been deported once, he should have understood that. >Now he'll have to face the music. I suspect having been put in >deportation once, they aren't going to be too happy to let him depart >voluntarily again. >He should most definitely get legal help before he leaves the country, >because once he's out of the US, he's cooked for 3 or even 10 years, if >he isn't given a lifetime bar considering that it sure looks like he >wasn't a genuine student and that would be visa fraud. Part time >community college doesn't count. I'm not sure about this specific case, but individuals with a D/S in their I-94 are not bubject to the 3/10 year ban. >A USC spouse doesn't help one bit once out of the US and with bars in >place. |
Re: Please help: Arrested for out of status..what now?
"M. M." wrote:
> > I'm not sure about this specific case, but individuals with a D/S in > their I-94 are not bubject to the 3/10 year ban. Actually, the 3/10 year bars MAY be applicable to someone in D/S scenarios if they have been informed by an immigration judge that they are out of status and deportable, or informed by the INS of their out of status situation on the application for anther INS benefit. The date that the clocks start counting towards the 180/365 day limits is the date of notification. In this case, they are not applicable for the reasons already outlined by Ingo. Not necessarily by the D/S on the I-94. Stuart |
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