Please help: Arrested for out of status..what now?
Apr 22nd 2003, 7:14 pm
#1
Guest
Posts: n/a
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.
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.
Apr 22nd 2003, 7:26 pm
#2
Guest
Posts: n/a
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.
>
> 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.
Apr 22nd 2003, 8:15 pm
#3
Guest
Posts: n/a
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.
> 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.
Apr 22nd 2003, 9:37 pm
#4
Guest
Posts: n/a
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.
>
> 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.
Apr 23rd 2003, 4:10 am
#5
Guest
Posts: n/a
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.
(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.
Apr 23rd 2003, 8:19 am
#6
Guest
Posts: n/a
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.
> 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.
Apr 23rd 2003, 8:22 am
#7
Guest
Posts: n/a
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.
> 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.
Apr 23rd 2003, 3:05 pm
#8
Guest
Posts: n/a
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
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
Apr 24th 2003, 5:22 pm
#9
Guest
Posts: n/a
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.
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.
Apr 24th 2003, 7:50 pm
#10
Guest
Posts: n/a
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
>
> 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
