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  • Getting deported

    When the BCIS discovers that someone is illegal, what is the first thing that happens? Do they send them a notice asking them to leave the country in the mail or does it have to be personally delivered or sent via certified mail? If they have a petition pending (ie. I-130), does that make a difference? If the person does not leave, then do they come with handcuffs? If you know anything about this or have ever experienced it, please share. thanks

  • #2
    When the BCIS discovers that someone is illegal, what is the first thing that happens? Do they send them a notice asking them to leave the country in the mail or does it have to be personally delivered or sent via certified mail? If they have a petition pending (ie. I-130), does that make a difference? If the person does not leave, then do they come with handcuffs? If you know anything about this or have ever experienced it, please share. thanks

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    • #3
      BCIS first issues a NTA(notice to appear)to appear infront of a Immigration Judge where the charges brought by the BCIS will be heard. The IJ will then see if you are entitled to any kind of relief from removal.

      You should speak to a immigration lawyer since they are the ones that deal with these kind of issues.

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      • #4
        In most cases when the BCIS discovers that someone is illegal and if they can find the person they generally arrest the person. They then have 72 hours to issue an NTA. If the person has been convicted of a deporatable crime, the BCIS is now allowed to detain them till the case is over. Once the person comes in front of a judge, the person can seek any relief that is available to them.

        In your question, you mentioned pending I-130--one can ask for adjustment of status in immigration court if the I-130 is pending and likely to be approved soon and the person is otherwise eligible for adjustment.

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        • #5
          do BCIS go after denied beneficiaries to enforce immigration law, using the data that the petitioner provided on the form?

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          • #6
            What if the person entered without inspection and has been here ever since and has a USC spouse who has filed an I-130. Would the immigration judge be able to adjust the status, or would the person get deported because of illegal entry? Also, can/will the BCIS use information provided on the I-130 to track down the person?

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            • #7
              I mean, if the person hasn't commited any crimes in the States.

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              • #8
                Someone please answer :-)

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                • #9
                  245i is the only relief for aliens who entered withtout inspection, even they are married to a USC.

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                  • #10
                    I don't think a private citizen (a jeleous wife on top of that) can't make such a move (she can complain about your status, but her marital issues are not the job of the BCIS!). I'd say
                    even though you're deportable, you are not a priority in such a case as long as you keep a low profile.

                    In general I don't feel too sympatetic with overstayers or illegals etc., but I understand that there is often times circumstances and not necessarily the desire to break the law.

                    What's the father of the child saying to all of this? If he's denying or wanting you to harm the baby, you should consult Catholic services. Dont get yourself distracted by short term desires and goals, focus on the long term and do what's right! Good luck and congrats!

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                    • #11
                      Hi Livea
                      Congratulations
                      I agree with Koelsch, get help and consultation from anywhere available churches/social worker/even legal help for free from the state (I dont know in which state you're at but in New Jersey the number is: 1-888-576-5529)
                      Don't think short-termed. The Lord has given you a beautiful gift, it's precious, it's above all, it's a new life...
                      I hope he gives you faith & strength to deal with whatever crosses your way
                      Good luck-God bless you

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                      • #12
                        Hi Thank you for your kind wishes. Does any one know the phone numbers for Houston Tx . For a good lawyer?

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                        • #13
                          hi i just read Blended Mocha's post and would like to know if you still read this site what happened to you?? i am in the same predicament and would be gratefull for any help..i married on a visa waiver and i am now applying with the i-130 and the i-485 but kind of worried what might happen when i send them in?? thanx for your ehlp anyone.

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                          • #14
                            What if an illegal alien being deported and put on the plane has unpaid loans, mortgages and credit cards. He cannot be responsible for unpaid charges because he was not allowed to go home.

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