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  • Updated Help! Canadian

    After all this, how does anybody trust any Lawyer?

  • #2
    After all this, how does anybody trust any Lawyer?

    Comment


    • #3
      What kind of advise are you looking for?

      Section 237(a)(1)(c)(i):

      " ... (i) Nonimmigrant status violators.-Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248, or to comply with the conditions of any such status, is deportable. ... "

      I was unable to locate section 235(1)(f)(i) but in general section 235 describes inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing.

      Section 101(a)(15):

      "... (15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens ... " This is followed by a description what aliens are considered "non-immigrants".

      As you can see non of these sections of the law deal with any criminal circumstances. Could it be that Arizona charge somehow made him a violator of his non-immigrant status and thus deportable?

      Cheers.

      Comment


      • #4
        we dont need no drunks here; get out

        Comment


        • #5
          as far as I know, a misdemeanor DUI is not a deportable charge, but what could have happened is that his arrest brought heat on him from the INS. and found him deportable on immigration charges. He will get due process of law even in INS custody. he will see a judge within 2 weeks. he should concentrate on asking for a bond.showing reasons why he's not a flight risk. chances are that he would get one around the $5000. which is low in INS cases.what's his INS status? don't forget that in life sometimes we don't get what we want but what we need, in other words we find our destiny....nothing is that bad...lol

          Comment


          • #6
            Hi LOSTin AZ,

            ok, I can't look up the section u have there8cfr212.1(a)..,but i can only advise u from what i know. on his 1st court day, they will try to deport him by making him sign deportation papers(that's the whole reason he's there).he doesn't have to sign anything, since he may not have an attorney present, he needs to ask for a bond hearing so he can seek counsel..ect.they will give him a bond hearing which he will come back to 1 or 2weeks later,within this time that's where u come in. i mean, u get all the paper work necessary that can get him low bond,letters..anything that could show the judge that this person is of "GOOD MORAL CHARACTER". by the way, if the DUI charge does not appear in the deportable charges INS has against him, i would not show INS judge anything from any alcohol counsler.it could backfire by labeling him as an illegal with addiction problems. When it comes to immigration lawyers, be specific about what u need. because, in most cases all a lawyer can do for you is secure bond.he needs to get out of detention so he can take care of his problem on his own.some lawyers rather have their 'INS'clients in detention so they keep getting paid.like i said, i don't feel like finding out what 8cfr212.1(a)..is exactly, u should do that and maybe i can give u some more insights.hope this could help a little. Remember, he's not charged with a crime where u will try to prove his innocence, so he could finally be free. this is INS,at this moment,he is in removal proceedings.if he came to the states with a tourist visa, it looks like to me that he overstayed his visa.

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            • #7
              AZ is pretty rough on illegals cuz of the massive infestation of illegals in that state. And he unfortunately got caught in it.

              Basically it was porbably some standard procedure for him to see INS on his way out. While there, i assume he probably spilled out more than he should've. Probalby had a Arizona DL, admitted working, etc. etc. Pretty much admitted he was acting like an immigrant.

              with that in mind -- they detained him so they can do the paperwork to ban him from the country. Being a Canadian, and bit more educated than your 3rd world immigrant -- he should've said nothing and asked for lawyer. Everything he said to the INS now can be used against him.

              So unfortunately his best bet is to get out of custody and go back to Canada. Then hopefully get a waiver to come back to the US someday if u want to marry him.

              On the bright side -- he won't be kept for months or years like 3rd world non-mexicans. As long as he signs some paper and agress to voluntarily leave. He could get a lawyer and try to fight it (immigrant intent) but it might be tough proving he was here as a tourist with all that he already disclosed now.

              Most "snowbirds" btw carry their canadian DL. It's an advantage Canadians have and they should utilize it. That one ****y card keeps you out of the scrutiny of the INS everywhere. When you carry DL of the state your in, red flags go everywhere.

              Oh and contact the canadian embassy for him. They have a lot more pull in making calls in squaring it out than any other embassy in the US. They won't accept mexican consulate calls, but they'll accept the Canadian ones. So use that to his advantage.

              -= nav =-

              Comment


              • #8
                moondin,
                i don't think u have any idea how INS works. the guy overstayed his visa. he got caught cause he got processed at the county jail for DUI. canadian embassy can do squat for him except after he decides not to fight INS, then they can expedite him home quicker than any other national. He's not detained for political reasons somewhere else, he's in custody in the US for violating immigration status.he's like any other INS detainee. forget about canadian embassy,forget about the fact that he's canadian and concentrate on his release on bond. that is the only way. once out, he can ask for voluntary departure. if he wants to stay, the only solution is for him to marry u and ask for a cancellation of removal and adjustement of status.Again, your first move is getting him all the stuff he can use to secure a bond....hope this could help lostinAZ..
                moondin, there is no standard procedure for him to see INS on his way out of jail, if you're not an american citizen,INS would come to jail to find out ur status.ther is no way he could've talked himself out of that one. they put a federal hold on you while u r in the sherrif custody, and that's what happened to him.after time served, they came and got him on violation of status. canadians are not above INS laws. after september11, canadians get deported just like mexicans would...

                Comment


                • #9
                  >the guy overstayed his visa.

                  Canadians DON'T have visas.

                  >he got caught cause he got processed at the

                  Caught with what? Canadians have no I-94's -- so there's nothing in the INA law that can make a canadian "out of status" since there's no set date for him/her to leave. Courts won't even take these cases cuz the US gov't has nothing to prove that the canadian is "out of status".

                  Obviously you showed how little you know of INA laws and Canadians. You should know there are many exclusions for Canadians. All is _not_ treated equal believe it or not.

                  >moondin, there is no standard procedure for >him to see INS on his way out of jail, if

                  Arizona has a dragnet going on to nail illegal immigrants. I suggest you read the news. Even in LA county, it's standard practice for inmates to go through INS after being released for a felony.

                  >on violation of status.

                  Once again you proved nothing. Violation of "what" status? Canadians don't get any documentation when entering.

                  >canadians get deported just like mexicans
                  >would...

                  Show me some proof that mexicans and canadians have the exact same document requirements when found in the US. There isn't.

                  If you do not know -- don't guess and pretend you do.

                  -= nav =-

                  Comment


                  • #10
                    I'm confused now, is he an overstay too?

                    Comment


                    • #11
                      The standard procedure when taken in by ICE is a different: if someone's an overstay -- they have to be taken in and see a judge to answer the charges. If it was the border patrol or CBP, they can sign an expedited removal and dropped off the next day. Only problem is then: you're banned for 3/10 years i believe.

                      the DUI is irrelevant. That's not what he's in for. From what i told earlier -- it's believed he spewed out info pretty much admitted he was living here. Not only living here -- but driving around drunk and putting americans in jeopardy.

                      So it's mandatory to see a judge to see if he'll be deported (more liekly voluntary departure where he promises to leave himself). But if he gets a good lawyer -- he can perhaps frame it that he really is a tourist and is NOT living here. Fortunately, as a canadian, and not needing an i-94 -- the gov't will have a hard time proving otherwise. Now of course if he has a az dl, bills, etc. on him -- can be used against him.

                      Unfortunately he just got caught in the AZ illegal alien dragnet. Most canadian DUI's are just tourists coming to the US and having a good time. So since they're tourists, it's not a big deal. He got caught living here, admitted it, probably had az id on him -- and that's why he's in jail.

                      Hopefully he'll get a good lawyer and can get out of it with the right advice. If he DOES get out and isn't deported -- i highly suggest you do the marraige/gc thing right away before he gets into trouble with teh law again!

                      -= nav =-

                      Comment


                      • #12
                        LOSTinAZ: While I sympathize with your predicament, and understand that you're trying to help your friend, I remind you that he was convicted of EXTREME DUI. I believe that extreme DUI starts at a blood/alcohol level of 0.15, which is almost twice the legal limit of 0.08 It is worth noting, if only for future reference, that criminal defense attorneys are rarely aware of the immigration-related consequences of criminal charges and convictions. In any event, your friend is being given due process, and "Justice for All" is indeed being adjudicated. Immigration and Customs Enforcement are simply following the law as it applies to criminal foreigners, and it is only right that America has the opportunity to decide whether such people should be deported.

                        Comment


                        • #13
                          INS doesn't charge people with DUI. It charges people with immigration violations.

                          From what i read -- he plaed guilty to a misdemeanor. Misdeamnors are the same class as speeding tickets. So the INS wouldn't take him for being a felon.

                          so the only obvious criteria for taking custody of him, would be for immigration violations. more importantly -- being out of status. I would focus on that aspect and seek legal counsel in that area.

                          -= nav =-

                          Comment


                          • #14
                            You really have to pay attention to what I'm saying. Pleas and emotions and wishes won't help him right now.

                            INS (ICE) charges people with immigraiton violations. For crimes -- a non-USC who commits an "aggravated felony" is deportable. A misdemanor isn't a agg felony, so the DUI charge is irrevalent. Especially since there's no "1 year jail time" which can trigger that agg. felony charge.

                            From what i've read -- it's a simple "out of status" violation. Similar to mexicans caught being in the country illegally (Entered Without Inspection - EWI). Those are the charges he will answer to the judge -- being an immigrant without an immigrant visa.

                            He needs to prove that he ISN'T an immigrant, that he truly is visiting and vacationing.

                            Lots of tourists get DUI's while on vacation in the US. It's no uncommon-place. They don't get deported, incarcerated cuz tehy truly are tourists. But if caught on their way out with US DL's, W2's, whatever -- then there's reasonalbe suspicion to believe they really aren't tourists. Which is what happened when he went in for the mandatory standard interview with the officer on his way out.

                            You should've gotten a good lawyer beforehand. You could've technically married him before he went to jail -- got his papers going so he's "adjusting status" -- and he would've been fine on his last day. Of course, would've could've should've doesn't help now.

                            Yes -- get a lawyer. He's the only one who could sort this mess really. If not -- you may have to live in canada with him for awhile.

                            -= nav =-

                            Comment


                            • #15
                              Well not to start another fight with those "pro-illegal" and "mexico is a race because we never looked up the definition in a dictionary" people --

                              but let's lay blame where it really is:

                              if there weren't for so MANY mexican law-breakers in that area -- there wouldn't be a dragnet there in the first place.

                              In comparison -- There's little illegal immigration in states like Montana, Washington, Minnesota, Vermont, etc. If he had been caught with a DUI there -- on his last day, he would've just walked out.

                              So thank your fellow illegal immigrant in AZ for pushing enforcement into a nazi-type situation. A necessary draconian environment to exist in order to deal with all the MILLIONS of people who have seem to have no respect for *laws* like the rest of us.

                              Please keep us updated and good luck.

                              -= nav =-

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