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 and he requests for voluntary departure what are his chances of migrating to Canada on a work visa
Ignorance? Gimme a break. He knew he has been breaking the law - remember, you said he has a Master's degree....what, we are supposed to believe he is suddenly stupid? He, like so many other lawbreakers, doesn't want to be responsible for his own actions. Send his b u t t back home.
I've already answered #3. No unlawful presence accrues until a determination has been made by an immigration judge or officer if the alien has an I-94 with "D/S" on it. As such, there is no 3-yr bar until the alien has been unlawfully present for 180 days (*after* the determination was made).
1 Listen to the attorney on the bail issue; if you don't like the attorney you have and can afford to hire one, please go ahead and find one you and your brother can trust. Immigration bail bonds typically cost between 15 and 20%, depending on the collateral used, the degree of risk assumed, and various other factors. You can research immigration bonds on the web before calling bail bondsmen; just do a Google search on "immigration bondsmen."
2 Your brother may be able to get a sponsor for an H1 visa from the community college, or get accepted at medical school if his application is already in, but marrying his fiancee at this time will only appear to be a ruse to stay in the country. Whether they marry or not, he should not depend on marriage to keep him here.
3 You already have the answer.
4 Pretending not to know about OPT will not do much good either because it was his responsibility to find out. Therefore he may want to inquire about a voluntary departure with a 180-day period to prepare, which would not damage his ability to return after a year. If he is deported it could be worse for him.
5 Canada's rules are as strict, if not more so, than ours and they are turning people away at the border if they have been in trouble with INS/ISC/BCIS here in the US. If your brother wants to consider Canada as an option he needs to find an employer willing to sponsor him, and have the paperwork in his hand, when he goes there.
Canada has VERY liberal immigraiton laws compared to the US. Look at how many people legally immigrate to Canada as % of the population.
Even if you jump the border in Canada -- you'll get free housing, welfare and medical while you apply for your papers. With his high degree and educational merits -- he should have no problem getting skilled worker visas.
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Posts: 1061 | Location: la, ca | Registered: 10-13-2003
Ironically - I work for a org. that does recovery on INS skips - only in the event if they had committed a crime - not for overstaying your welcome. I that was the case , I would have been a multi mill. by now.Are you sure you brother did not do anything wrong ?
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