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

nina00 · #1 02-08-2008, 10:45 AM

My fiancee now in state prison. He has a meeting with Ins officer and she told him that he have an Ins Hold, but they not going to deport him, he just has to check with them every month... I called to the Ins Office I told them that he is in proson and he have Green Card, and they told me that they will just check if heis in their base and that's it.
But as I read in different forums if someone have an Ins Hold he's gonnabe deported...!!!!
Whom to belive???

Please, help me

Just_Be · #2 02-08-2008, 11:25 AM

Just because he has an INS hold on him does not automatically mean he will be deported. But it does mean that they are aware of his situation and depending on what his conviction is....it is a possibility. What is he in for?

nina00 · #3 02-08-2008, 11:40 AM

He's there for the robery. And is it possible that Ins officer told him information that is not true (that he will not be deported)?

MDawg · #4 02-08-2008, 12:03 PM

If he is in prison for robbery (a crime involving force and violence, or the threat of force and violence),which robbery is considered a "crime of violence" by DHS, and his sentence is one year or longer (not the actual time he serves - just the sentence), then he WILL be removed (deported).

What they said to him makes no sense anyway. Either he will be removed, or he will be let go. The only people who end up in a status of checking in with DHS regularly are people from countries like Iran, Cuba, Vietnam, Laos, who CANNOT be removed in the first place.

nina00 · #5 02-08-2008, 01:04 PM

He crime not involved force or violence (maybe I just named it wrong way). And he's sentense is 2 years, in documents it said that his release date is 1 year earlier.
And how it's posssible that Ins inspector is lying (intentionally or nor)?
And I have one more question.... Sorry if it's wrong to put it in this theme, but when he will be released they will put him on parole. Is it Ok if he will live in house there Child Care is situated, or they will not allowed it? Thank you very-very much for you help...

MDawg · #6 02-08-2008, 02:34 PM

If his crime is a theft crime of any kind, and the sentence is two years, he will be removed.

nina00 · #7 02-08-2008, 09:40 PM

Thank you very much for your help

But at last I reached my feancee's conselor and she told me that he will not be departured because he is here on political asalym!!! He's not removable!!!

One problem less!

MDawg · #8 02-09-2008, 10:34 AM

His asylum will be revisited if he has now been convicted of an aggravated felony (any theft crime, with a sentence of one year or more is an aggravated felony). This is a very serious matter and you will need to hire an attorney after he is taken to detention.

I guarantee that if convicted of an AF he will be presented with an NTA (Notice to Appear) and the government will try to remove him. Those convicted of AFs are not eligible for asylum, although there is a similar type of relief, withholding of removal, that he might be able to apply for now and receive.
http://www.prisontalk.com/forums/sho....php?p=2698889

But the process starts all over again once he is released from prison into ICE custody.