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mandee3911 · #1 01-28-2008, 11:00 PM

My husband just called me, he says he's in Georgia and they're trying to get him to sign for voluntary departure because they told him he can't have bond and his court won't be for 3 months. is this true? or can we still have a bond hearing? he should have a master hearing before 3 months right? He didn't ask Why he couldn't have a bond and he doesn't know his charges. but the only one that would hold up is overstay of a visa. they told him if he signed he wouldn't havea deportation, but i don't know how we could do that as we wouldn't be able to prove hardship. should we still fight?

times_up · #2 01-28-2008, 11:29 PM

right about now you can't make a mistake. talk to an attorney asap. good luck.

mandee3911 · #3 01-28-2008, 11:32 PM

We have an attorney, who evaluated his court record, after that she believes we can get bail at the hearing and that he can do AOS here. She says the only problem with his record might be the misdemeanor hit and run but based on everything, if they bring it up as a CMT we can say petty offense. But he is so confused, I told him we have a lawyer and everything people tell me say this is possible and he has a chance.

MDawg · #4 01-29-2008, 12:36 AM

With immigration law some things are more black and white than others, but even immigration attorneys differ on the outcome in a given situation.

You should consult with more than one before you decide.

By the way, voluntary departure
http://library.findlaw.com/1999/Jun/1/130832.html
is not even offered if a person has been recently (last five years) convicted of a CMT. This tells you something, though not everything. You could go back before the same DHS officer who offers vol. departure today and he might be screaming CMT! tomorrow.

In general, however, non-citizens who overstay their visas are no longer allowed bond. Time was everyone could get bond, but nowadays the fact that they wilfully chose to disobey the immigration laws makes them flight risks. On the other hand, flight risks are not supposed to be offered voluntary departure, so go figure.

mandee3911 · #5 01-29-2008, 05:42 PM

Well the judge can still grant bond right even if DHS denys it?

luvmy1life · #6 01-29-2008, 11:21 PM

Hey, there are lawyers that will take his case pro bono and those are usually good lawyers, wont charge you nothing but will help you out! every jail has a list of these lawyers.... been there, done that. Waited 30 days for the 1st court date, and didnt even know that it was coming. never had any notification of it. the day got arrested sing up for a bond hearing because there is no 10% of the bond of immigrants has to be paid in FULL and its very interesting that they never I guess put the paperwork in for it because there was never a bond hearing....VERY interesting. you have a good case cuz you guys are married. Its possible to deal with your situation but it takes time... a lot of time and effort.... good luck, cuz you will need it!

MDawg · #7 01-30-2008, 12:11 PM

In California there are bail bondsmen who will post immigration bonds for 15% (the bond is good for up to three years). There are others that will accept 10% per year.

The first question will be - is he bond eligible. Since he has not been convicted of an AF or controlled substance offense, the question is yes. Then DHS may oppose granting bond, but in such cases the judge has the final say.

mandee3911 · #8 01-30-2008, 09:02 PM

everyone i spoke with (lawyer, people who've been through it, knowledgeble people) seem to think he should be able to get a bond throug a hearing. Just have to get my letters notarized and my family and friends' letters notarized to prove moral character and our lawyer will probably file a motion for the hearing next week.