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Criminal Immigration Issues Dealing with INS and other related issues.

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  #1  
Old 11-02-2009, 03:23 PM
newfoundland newfoundland is offline
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Question Ice picked him up, now what?

Hi,

ice has picked my bf up today took him to baltimore maryland to be processed, he came on a school visa 30 years ago, now immigration said they can't find where he entered the country legally, they are going to hold him until his hearing 10 days from now in dorchester county. They are holding him for overstaying, theft over 500.00, and theft of a vehicle. If they can't find his visa/passport information can they still deport him? Whats happens at the next hearing?
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Old 11-02-2009, 03:44 PM
lost14 lost14 is offline
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Well either way he has overstayed right? So he would be illegal and deportable. The difference that coming on a visa would do is if he was elligible for adjustment of status. Say he married a US citizen or he had a US born child who was now an adult and could petition for him. If he doesn't have any of these things not sure there is a chance to fight. Oh other option might be with work but I think those are difficult ones.

You really need to consult with a criminal Immigration lawyer. They can ask specific questions and determine what your options are.

Did he still have his passport or any paper work from when he entered?
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Old 11-02-2009, 04:20 PM
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pamela_c pamela_c is offline
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ICE can still deport him without his visa/passport. They will probably just issue him a new A# and start a new file. Which is stupid and will probably cause complications later....but hey, that 's the way our government seems to be!
Since he has 30 years (and I assume crime free up til now), then there may be something that can be done. You need to consult with a criminal immigration attorney for the best advice. If they don't feel that they can help you, be sure and ask them what charges would not keep him from being able to come back to the US on a K1 (fiance) visa later. Although, if an attorney doesn't think it's worth fighting, he needs to tell his counselor that he wants to sign for VD ASAP (& preferably before appearing in front of a judge). The VD will look slightly better than a forced deportation (from what I've been told).
Best of luck!!
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Old 11-02-2009, 06:08 PM
newfoundland newfoundland is offline
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no he doesn't have any of his original paper work. doesn't that make it harder for them to deport him?
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Old 11-03-2009, 07:21 AM
lost14 lost14 is offline
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They will request travel docs from his counrty.

Might take some time but they usually get them.

Or if he is from Mexico no travel docs are needed.

Where is he from?
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Old 11-03-2009, 10:59 AM
newfoundland newfoundland is offline
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he is from Nigeria
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Old 11-03-2009, 12:24 PM
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It may take longer to deport him, but he will sit in jail while he waits. They don't care. If Nigeria does not provide travel docs or will not accept him back for some reason would be the only thing that would keep him from being deported, as far as ICE goes. Then he would likely be in jail until at least 180 day status hearing. At that time if Nigeria had stated they would not accept him back, then he would likely be set to be released with the condition that he report periodically to ICE. And if things ever changed, he would show up some day for his check-in appointment and be taken into custody and deported.
It is not a common occurence for countries to refuse to accept its citizens back, so I wouldn't hold on to hope for this scenario. Possible, but not probable.
Will keep you in my prayers!
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