Notice to new members intending to register - from January 9th 2012

Random79 · #1 07-14-2012, 05:03 PM

Hi, I am new to this forum. I was wondering if anyone could help shed some light on my loved ones recent visit from ICE. Some backstory, he is a dual citizen, holding citizenship in both Canada and the US. He was born in Canada, however, he has lived in the US for over ten years. When he was first arrested, he couldnt get a lawyer, he contacted the canadian consulate and they helped him to get a lawyer, he then bonded out. When he was out, he sent his birth certificate to the canadian consulate. Then a few months later, he took a plea deal for an 8 year sentence. He has 7 years left to do. The other day he got a visit from ICE who said they are working on getting him home to Canada (which is great, he wants to come home anyway). The mentioned prisoner transfer treaty, and said that it will happen within a year or two. He said but I have an 8 year sentence here, and I have dual citizenship. The guy said it didnt matter, that they are looking at where he was born. He was really excited because he wants nothing more than to come back to Canada, but I just find it all really weird. He thought it was because he had contacted the canadian consulate before (although he hasnt spoken with them in about a year). But I don't understand what is going on here. The guy said that he might not have any notice, that it takes a year or two for the paperwork to go through and then a CO may just knock on his door and say pack your stuff, and they will move him across the lines immediately into canadian police custody. What confuses me is that the guy mentioned prisoner transfer treaty, but is from ICE?? Is he being transferred, or is he being deported? The guy never used the word deportation. Has anyone ever had any similar experience? Thanks in advance for any and all input!

Random79 · #2 07-21-2012, 04:40 PM

I guess no one has any insight... does anyone understand regardless of his citizenship why ICE would tell him that they will move him in 1-2 years midsentence without him even initiating any documents or signing any papers? He never filled out a prisoner transfer treaty. Now we don't know how to proceed because we don't understand what process the guy from Ice is initiating. He wants to fill out a prisoner transfer treaty but doesnt know if he should initiate the process if Ice is going to move him in a year or two, and we don't even know if we should believe that will even happen. Any thoughts or opinions would be really helpful :s

**sidewalker** · #3 07-22-2012, 06:55 AM

Im sorry Random79, I do not know anything about all of this.
I would start to read, read and read.
You might try speaking with an immigration attny (one who knows Canadian laws as well)
Dont know if this would help but it might be a start
http://travel.state.gov/law/legal/tr...eaty_1989.html

KazInCdn · #4 07-23-2012, 01:06 PM

Hello; I regret that I have no information but I am very intrigued in your story.
My son has just been sentenced to 15-life in a Nevada prison. He is a Canadian with a US green card. He is in for a deportable offence so we are pretty sure at some point ICE will contact him and put a hold on him. We want to initiate a prisoner transfer based on treaty and will fill out the papers very soon.
I would love it if you could continue to post on here with any information you rec'd or PM me. I have just started to look at the process.

Thanks
Kaz

**fbopnomore** · #5 07-23-2012, 03:14 PM

I hope your son's treaty transfer request to Canada is successful. Just about every Canadian I met was trying to get transfered back home to do their time, some succeeded, some didn't, but it is certainly worth a try.

Random79 · #6 07-24-2012, 08:52 AM

Thanks Sidewalker, I checked out that link and it was quite useful! I am sure I will consult it many more times. I contacted the consulate and the woman in charge of his file was on vacation, so the other woman didn't know much about the situation. In the meantime, they will write to him and he can begin to understand the situation better through them. They are sending him prisoner transfer papers as well.

Kaz I will keep you up to date on any news here, although I expect it will be such a slow process that I won't have any news for a year or two who knows :S I went through 20-40 pages of this immigration forum and found a canadian who had successfully been transferred. I pmed him and he was very kind and answered some of my questions. I will pm you his info so maybe you can contact him as well.

LOVINGBREED · #7 07-24-2012, 10:08 AM

Quote:

Originally Posted by Random79

Hi, I am new to this forum. I was wondering if anyone could help shed some light on my loved ones recent visit from ICE. Some backstory, he is a dual citizen, holding citizenship in both Canada and the US. He was born in Canada, however, he has lived in the US for over ten years. When he was first arrested, he couldnt get a lawyer, he contacted the canadian consulate and they helped him to get a lawyer, he then bonded out. When he was out, he sent his birth certificate to the canadian consulate. Then a few months later, he took a plea deal for an 8 year sentence. He has 7 years left to do. The other day he got a visit from ICE who said they are working on getting him home to Canada (which is great, he wants to come home anyway). The mentioned prisoner transfer treaty, and said that it will happen within a year or two. He said but I have an 8 year sentence here, and I have dual citizenship. The guy said it didnt matter, that they are looking at where he was born. He was really excited because he wants nothing more than to come back to Canada, but I just find it all really weird. He thought it was because he had contacted the canadian consulate before (although he hasnt spoken with them in about a year). But I don't understand what is going on here. The guy said that he might not have any notice, that it takes a year or two for the paperwork to go through and then a CO may just knock on his door and say pack your stuff, and they will move him across the lines immediately into canadian police custody. What confuses me is that the guy mentioned prisoner transfer treaty, but is from ICE?? Is he being transferred, or is he being deported? The guy never used the word deportation. Has anyone ever had any similar experience? Thanks in advance for any and all input!

my baby is canadian his in norco california prison , he fillied for a transfer treaty back to canada, , california approved it , but canada is taking its sweet time to pick him up. his realease date here in cali is may 2016 he got 7yrs and 6 months this is his 2nd strike , ICE came to see him aswell and told him they were going to deport him after he has served him time , when he did his bid the 1st time ICE told him the same and when he got realease they didnt deport him they didnt even come for him , this has been verry frustarating ,

we are in the process of getting married now , i heard that in canada he will be out in 2yrs or less i guess canada there laws are diffrent from california , thats one of the reasons why he wants to go back to canada, , am mvoing out there as soon his all set up , excited and afraid

Random79 · #8 07-24-2012, 09:38 PM

Hi loving breed, glad you posted. I'm curious, how long has it been since he sent out his transfer forms? at this point has Canada also agreed to the transfer and its just amatter of waiting for someone to transfer him? Yes, I do think that things are much difrufernt in canada. Our minimum sentences can be smaller depending on the charge, and I think people are paroled faster.
. That's interesting to hear that ice said this and that and didn't follow through. I need to hear things like that so I dont get too ahead of myself :s if you dont mind me asking,.what province eill you move to?

**fbopnomore** · #9 07-25-2012, 01:48 PM

I also heard that treaty transfers to Canada almost always result in a shorter sentence than the time he would serve here. More humane conditions and a quicker release, who wouldn't want that ?

LOVINGBREED · #10 07-26-2012, 04:26 PM

Quote:

Originally Posted by fbopnomore

I also heard that treaty transfers to Canada almost always result in a shorter sentence than the time he would serve here. More humane conditions and a quicker release, who wouldn't want that ?

yes if he stays here in cali his realease date is 2016 but if canada picks him up will be out within a yr or so ,

2014 the max which is better than 2016. , i was born and raised here in california , the thought of leaving family and friends behind scares me , Canda is a whole difrent country , beacause
i do love him am willing to make this change and start a new life together, plus this is good for him i think that if he stay out here things will just get ugly .

LOVINGBREED · #11 07-26-2012, 04:40 PM

Quote:

Originally Posted by Random79

Hi loving breed, glad you posted. I'm curious, how long has it been since he sent out his transfer forms? at this point has Canada also agreed to the transfer and its just amatter of waiting for someone to transfer him? Yes, I do think that things are much difrufernt in canada. Our minimum sentences can be smaller depending on the charge, and I think people are paroled faster.
. That's interesting to hear that ice said this and that and didn't follow through. I need to hear things like that so I dont get too ahead of myself :s if you dont mind me asking,.what province eill you move to?

hi, the whole process fro the paper work took about a yr , he got the pkg from marie dexter she works in los angeles ca, for the candaian cansulate , its a long process , after all that shes needs to certified his birth certificate , canda get a copy and so does california , . california approved the transfer , once california approves it they notify canada, , i have email the ppl who are in charge of the transfer in canada . the responce was that the minister of public safety is running a few more factors b4 he makes a final decision , b4 all this some ppl in canada had to interview his family and run a background on them , like i said its a long process , now he jjsut has to wait for canada to tell us if his clear to go back home. my fiance was born in vancuver , his was brought here to california by his step dad when he was 10 yrs his ellegal, so ICE told him that they were going to deport him after his sentence here in cali. but then again they told him the same thing on his 1st bid and when his time came to go home they didnt pick him up , so i dont know whats going to happen , i hope he canada picks him up he will be out in 2014 or 2013 for that matter his crime in canada is less, here in cali he will have to stay till 2016.

KazInCdn · #12 07-28-2012, 04:10 PM

Quote:

Originally Posted by LOVINGBREED

hi, the whole process fro the paper work took about a yr , he got the pkg from marie dexter she works in los angeles ca, for the candaian cansulate , its a long process , after all that shes needs to certified his birth certificate , canda get a copy and so does california , . california approved the transfer , once california approves it they notify canada, , i have email the ppl who are in charge of the transfer in canada . the responce was that the minister of public safety is running a few more factors b4 he makes a final decision , b4 all this some ppl in canada had to interview his family and run a background on them , like i said its a long process , now he jjsut has to wait for canada to tell us if his clear to go back home. my fiance was born in vancuver , his was brought here to california by his step dad when he was 10 yrs his ellegal, so ICE told him that they were going to deport him after his sentence here in cali. but then again they told him the same thing on his 1st bid and when his time came to go home they didnt pick him up , so i dont know whats going to happen , i hope he canada picks him up he will be out in 2014 or 2013 for that matter his crime in canada is less, here in cali he will have to stay till 2016.

Not to rain on your parade, and I hope his transfer goes smoothly as my son will be starting the process soon as well. As for you moving to Canada, you cant just up and move there. They have immigration the same as USA. My husband just moved up to Canada with me and it was a 6 month process...lots of paperwork and we had to be married before starting the process. I also had to prove I could support him. You have some time, I'd suggest researching immigration to Canada for yourself prior to him being released into Canadian custody.

Good luck to you and keep us posted
Kaz

LOVINGBREED · #13 07-30-2012, 04:10 PM

Quote:

Originally Posted by KazInCdn

Not to rain on your parade, and I hope his transfer goes smoothly as my son will be starting the process soon as well. As for you moving to Canada, you cant just up and move there. They have immigration the same as USA. My husband just moved up to Canada with me and it was a 6 month process...lots of paperwork and we had to be married before starting the process. I also had to prove I could support him. You have some time, I'd suggest researching immigration to Canada for yourself prior to him being released into Canadian custody.

Good luck to you and keep us posted
Kaz

yes i know that and i know its not goin to be easy we are planing to get married now ,

. 6 months process huh ? wow , do u know the steps on how to start ? am planining to visit him as much as i can when his settled down in canada, meanwhile ill be out here in cali working . i hope they let me stay in canada, he wants me to file for dual and i think that good for me cause am stil planing to come out here to cali once in a great while all my friends and family are out here

KazInCdn · #14 07-30-2012, 04:31 PM

Quote:

Originally Posted by LOVINGBREED

yes i know that and i know its not goin to be easy we are planing to get married now ,

. 6 months process huh ? wow , do u know the steps on how to start ? am planining to visit him as much as i can when his settled down in canada, meanwhile ill be out here in cali working . i hope they let me stay in canada, he wants me to file for dual and i think that good for me cause am stil planing to come out here to cali once in a great while all my friends and family are out here

Oh yes...I know the process.. I'd be happy to direct you when the time comes. First you have to get married. Once you've done that please feel free to contact me via PM and I'll be happy to help you along the way. I have dual and my hubby is getting his dual as well.

Please keep in touch with your transfer process. I am thinking of contacting the canadian consulate for my son.

Kaz

LOVINGBREED · #15 07-31-2012, 09:51 AM

Quote:

Originally Posted by KazInCdn

Oh yes...I know the process.. I'd be happy to direct you when the time comes. First you have to get married. Once you've done that please feel free to contact me via PM and I'll be happy to help you along the way. I have dual and my hubby is getting his dual as well.

Please keep in touch with your transfer process. I am thinking of contacting the canadian consulate for my son.

Kaz

THANK YOU

i sure will , if u need any help with in regards to the transfer or numbers let me know

Random79 · #16 08-01-2012, 06:58 AM

Hi guys,
Kaz, how did you initiate the transfer treaty process without already contacting the consulate? I thought that was the only way to get the papers. I would definitely reccommend contacting them. When I phoned a few weeks ago, they said they would send my LO the transfer treaties papers, and a release for him to sign so that they can speak to me about everything openly. However, your son may not have to sign one since he is family. The woman in charge of files with canadians who are incarcerated was on vacation when I phoned, but should be back sometime in August they said.
So a quick update, I haven't been able to receive calls from my LO for the past week but he sent me a letter saying that Ice visited him again. They verified his citizenship and told him they are no longer involved because he is a citizen. You would think they would have confirmed his citizenship before the first visit! The letter didnt give a lot of details, but he said Ice said they were going to deport him but can't now. So... now to begin the transfer treaty process. Sigh. We were actually excited about him being deported

ETA oh yeah and he also figures that the US might not sign up for the transfer since he has the US citizenship :S Ugh

KazInCdn · #17 08-01-2012, 07:38 AM

My son has not yet started the process. He took a plea deal and will have his formal sentencing on Aug. 27. Then he will be moved out of county to NNCC(Nevada) for intake. Thats when we will request the paperwork.
I am trying to decide whether or not to get the consulate involved. I think it wouldnt hurt.
My son is Canadian with a US green card..no dual citizenship.

Sorry to hear that he isnt being deported....yet....he will be at the end of his sentence if it is a deportable offense.

Keep us informed of what happens next!

Kaz

Random79 · #18 08-01-2012, 08:44 AM

I would contact the consulate now to get the ball rolling. I don't know a lot about this, but I am pretty sure that you HAVE to go through them for the paperwork and transfer to go through(I could be wrong though). Either way, the process will begin with them sending him paperwork to fill out in order to open the file (which will be slow with them mailing him, then him mailing back etc). Then you will have to send them a certified copy of his canadian birth certificate. I don't know if you can fill out the paperwork for the transfer treaty right off or not. I know the process itself cannot begin until a year after their sentence begins, because they have to wait for the appeals period to be completely exhausted in order to apply for the transfer. But I would say that yes, no matter what I cannot see how it could hurt that is for sure to contact them.

His offense is deportable, but for some reason ICE must have doubted his american citizenship. His father was American, so that is why he has it. Once they confirmed he is a citizen, they told him they cannot deport him now. I would have been happy for him to be deported at his release even, because I would rather deal with parole and what not over here. If he has to do that over there, they likely will not let him leave and he will just be stuck there. Ugh. I'm just glad I didn't get my hopes too high over this and doubted it from the get go. At least i am not as disappointed as I COULD have been :s