Help for permanent resident under removal proceedings

[Pericoba]

Dear All: I am writing to ask for advice on a friend's case. He has been a permanent resident for over 10 years, his parents and some siblings are US citizens whereas the rest of his siblings are permanent residents. His ordeal came as a surprise to him and everybody else because he had not received any immigration notices or warnings. A few weeks ago he was stopped at a POE (Miami) and was told very abruptly that his green card had been issued by mistake. As the hours went on he was told that immigration officials stopped him because he had a criminal record, as he had been convicted of a drug charge while in college. After a few days he was transferred to a detention facility that falls within the immigration 5th circuit court. He is currently under removal proceedings for 1) having a felony in his record and 2) something along the lines of suspicion of entering the US with the intent to commit drug-related crimes. This last charge was added not long ago and readily accepted by the judge even though it contained several inconsistencies (whited-out information and wrong conviction dates).

My friend's initial strategy had been that of requesting bail (at least a dozen friends and family members wrote affidavits in his support) so that he could reopen his criminal case in light of the realization that it could affect his immigration status in the US. However, bail has not been accepted yet (apparently in this case it is given by an immigration official in charge of the detention facility and not a judge) and my friend's outlook regarding his situation is turning bleaker as times goes by and as his confinement takes a toll on him. At the moment he feels that he is caught up in a deportation machine, that the judge is hostile to most cases before him, that bail will not be granted, and that even if he re-opens his past criminal case while confined they can still order him deported before there is an outcome to the re-opening. Right now he is just waiting for the judge to formally accept the last charge pending the presentation of a certified copy of some document by the opposing side. Instead of fighting this legally, he is thinking of just giving up and doing whatever he can to expedite his deportation.

After giving you this background, I have several questions. Is this in your opinion a hopeless case and he should save money, time and stress by just facilitating his deportation? What alternatives are there? If he is indeed deported, what is the likelihood that he will be allowed back into the US as an immigrant or non-immigrant (citizens of his country need a tourist visa to travel to the US)?

I have been reading up on this and have found several USCIS forms that could allow him a way back in the US, such as

- I-191 (Application for Advance Permission to Return to an Unrelinquished Domicile),
- I-192 (Application for Advance Permission to Enter as Nonimmigrant),
- I-212 (Application for Permission to Reapply for Admission into the US after Deportation or Removal) &
- I-601 (Application for Waiver of Grounds of Inadmisibility).

I don't have experience related to these issues so I'd like to know how pertinent these forms are to his situation and how likely it would be for them to have a positive outcome towards his return to the US after a possible deportation.

Thanks in advance for any help in sorting this out!

[Pericoba]

Dear All: I am writing to ask for advice on a friend's case. He has been a permanent resident for over 10 years, his parents and some siblings are US citizens whereas the rest of his siblings are permanent residents. His ordeal came as a surprise to him and everybody else because he had not received any immigration notices or warnings. A few weeks ago he was stopped at a POE (Miami) and was told very abruptly that his green card had been issued by mistake. As the hours went on he was told that immigration officials stopped him because he had a criminal record, as he had been convicted of a drug charge while in college. After a few days he was transferred to a detention facility that falls within the immigration 5th circuit court. He is currently under removal proceedings for 1) having a felony in his record and 2) something along the lines of suspicion of entering the US with the intent to commit drug-related crimes. This last charge was added not long ago and readily accepted by the judge even though it contained several inconsistencies (whited-out information and wrong conviction dates).

My friend's initial strategy had been that of requesting bail (at least a dozen friends and family members wrote affidavits in his support) so that he could reopen his criminal case in light of the realization that it could affect his immigration status in the US. However, bail has not been accepted yet (apparently in this case it is given by an immigration official in charge of the detention facility and not a judge) and my friend's outlook regarding his situation is turning bleaker as times goes by and as his confinement takes a toll on him. At the moment he feels that he is caught up in a deportation machine, that the judge is hostile to most cases before him, that bail will not be granted, and that even if he re-opens his past criminal case while confined they can still order him deported before there is an outcome to the re-opening. Right now he is just waiting for the judge to formally accept the last charge pending the presentation of a certified copy of some document by the opposing side. Instead of fighting this legally, he is thinking of just giving up and doing whatever he can to expedite his deportation.

After giving you this background, I have several questions. Is this in your opinion a hopeless case and he should save money, time and stress by just facilitating his deportation? What alternatives are there? If he is indeed deported, what is the likelihood that he will be allowed back into the US as an immigrant or non-immigrant (citizens of his country need a tourist visa to travel to the US)?

I have been reading up on this and have found several USCIS forms that could allow him a way back in the US, such as

- I-191 (Application for Advance Permission to Return to an Unrelinquished Domicile),
- I-192 (Application for Advance Permission to Enter as Nonimmigrant),
- I-212 (Application for Permission to Reapply for Admission into the US after Deportation or Removal) &
- I-601 (Application for Waiver of Grounds of Inadmisibility).

I don't have experience related to these issues so I'd like to know how pertinent these forms are to his situation and how likely it would be for them to have a positive outcome towards his return to the US after a possible deportation.

Thanks in advance for any help in sorting this out!

[IMPENETRABLE]

Consult a good immigration attorney.

Good luck,
IE

[Someone12]

good riddance.

[SunDevilUSA]

Your friend has a conviction for illegal drugs. I second Someone12's sentiment, and say, "Good riddance."

An immigrant given the opportunity to live in America, yet who makes the choice to be a junkie, deserves a one-way ticket to his country of origin.

[mohan]

its a drug related case where dentention is mandatory.ICE will not issue any bond whatsoever. Bond can be set by the Immigration judge when he will go for hearing. He can file Redetermination of custody. He will be evaluated if he is a green card holder and have five years with green card and 7 years physical presence, this makes him eligible for cencellation of removal, based on that he may get the bail bond. if not he will have to stay in dentention for 6 -8 months depending upon IJ's calander and he willhave to go thru master hearing and then on individual hearing he can get cencellation of removal with hardship and all that + tax return etc. then he has to get his green card back by applying again.
The worse he can do to himself is to fight in dentention and go to hole which generate another record " danger to the community" so he should not loose his cool while detained.
Moreover its not he judge who accept bail or not its the law which tied up the hand of immigration judge, not to grant bail unless exceptional circumstances.
the forms you have written is not good in your case , you should look for E-42A form
the requirements I wrote is must for him, if he didnot meet these requirements then you are wasting time and money unless one scanerio that I will not discuyss here unless required.

[Someone12]

who gives a $hit if this jer k is deported??? I don't. We don't need to import druggies....period.....throw his a$$ out!

[Marie1683]

Replying to all the negative that was said. If you put yourself in his shoes what is your reaction to this matter? He was only a kid eventhough he was in college!

Think about it and give me an answer.