my Brother was picked up by immigration for not being in status and working illegally. he has been here for 10 yrs and has a masters in chemistry he has been in status for the ten years he has live here he graduated in the end of 2003 and opted to teach in acommunity college while trying to organize his papers to go to medical school I have a few questions about his case what are is options 1 BAIL is set at $7500 HIS LEGAL AID lawyers opinion is that on immigration matters the bailsbonds man usually need 50% or half down generally people have talked too say that it is 10% down plus collateral can some one educate me on this process 2 What are my brother's options when it comes to staying in this country my gut feeling says he is likely to be deported is there any recourse for this like marrying his fiancee 3 his visa is still valid but he has been out of status for more than 180days from the time he graduated does this means he will have a 3 year ban or 10yr ban
4 in this case can he plead ignorance that he WAS doing OPT and was not educated on the way to apply for it given that he graduated just over a year ago. 5 lastly if all fails in is effort to stay in the United states what are his chances of migrating to Canada on a work visa
On the issue of overstay, was he operating under an I-94 with D/S on it?
On the issue of the fiancee, is she a USC? If so, were they planning to marry or is this just a marriage of convenience? If the former, when was the wedding date set for?
What do you mean that his visa is still valid? A visa is used to enter a country. Once in the country, it is status that is important.
yes his i94 has d/s on it and he has been seeing his fiancee for two years now no wedding date set my brother is from Kenya any way from my research things seem not to be very bright in this case because he is considered out of status as from the time he graduated in dec 2003. sphyrapicus3 thank you for your contribution
Well, he can marry but it will be a very hard process as you will have to prove that the marraige wasnt entered just so he can stay in the country!
As soon as you bail him out, tell him to get married and file the I-130.
When he appears for court hearing, he should tell the judge he is married to a US citizen. If the I-130 is approved, another hearing could be set and he could be told Adjust status with the court. Or the judge might set a date till the I-130 is approved!
I-130 needs to be approved, I would suggest filing it through a lawyer who has dealt with these cases. if you have any other question, feel free to ask! My husband's situation is very similar to your brothers.. So I think I can help you
[quote]be very bright in this case because he is considered out of status as from the time he graduated in dec 2003.[/quote]
thanks judy for your contribution i will keep you posted this next comment is about how the jail system in eldorado kansas is really strict ijust spoke to corporal James since i am currently in NJ My cousin offered to visit him because he leaves in wichita kansas visiting days for my brother in this case are only Mondays The corporal can not pass my cousins phone number to my brother so he can at least speak to my cousin I have not been able to speak to him i got the news of his arrest from Legal Aid lawyer who called me from Kansas I am new to all this is this the procedure in county jails or am i missing some thing here Isent a him a letter on SAT earliest he will get it will be wednesday this was plus a money order for him Judy do you have a rough estimate of how much it will cost as in lawyers fees or are there any organizations that can assist in this case once again i would like to express my appreciation for taking time to give your opinion on this matter
This is what the lawyer told me he was arrested in springfield where he worked as a lecturer in a community college and charged with being out of status and working illegally . Ihave not been able to speak to him but the lawyer said one other person was also arrested she was not sure whether this was my brothers friend I called the jail and they told me that as far as they are concerned its an immigration case the lawyers also assured me it is an immigration case Any way if any thing else comes up about this i will be glad to post it thank you Talisker
Well when he got arrested a charge sheet is given from the arresting INS officer to the alien, which tells the charges he is being arrested for.
Usually it says that you are a citizen of BLANK country. You are not a US native and then in your brothers case it should you entered the US on this date and werent able to maintain the status. It will also mention of his working illegal.
Well your brother can wait till he sees the Judge, but I dont know how long it will take. It all depends, here in michigan if you are in custody it takes about a month for you tobe presented in front of a judge. When you go infront of the judge he might lower the bail.
As for attorneys. It all depends. Usually an initial consulation is 50 dollars. They charge about 400-500 dollars per visit to the court and if will file the paper work, they charge about 1000 dollars for the I-130 petition.
My advice is SEEK A VERY GOOD ATTORNEY who hasdone many immigration cases! Especailly deportation!
www.shusterman.com is a very good website and can give you alot of Info. Also try finidng aa lawyer the ILW, when you call make sure the attorney has done deportation cases!
If he has D/S on the I-94, his unlawful presence would only begin to accumulate on the day he was arrested (not from the time he graduated in 2003). As such, he does not yet face a 3-yr bar. That will occur 180 days post-arrest. One little bit of good news amongst this mess. Good luck.
sphyrapicus3 are you sure? I thought if you have D/s on your I-94, the illegal starts occuring after the Judge or BIA make a decission and you still dont leave the country?
I am assuming that an immigration officer made the determination when he was arrested. If he's being charged with "not being in status and working illegally", then somebody with USCIS / BICE had to make the determination, right? We need more details. My point was mainly to say that the time between Dec 2003 and when he was arrested would not count towards unlawful presence. At the very least, it would only start to accrue post-arrest (assuming a determination was made at the arrest).
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