My guy was sentenced to 3 years for a finanical crime. He is in reception and it just hit me that he is not a citizen. He thought he was a citizen because his dad became one when he was a kid, but he didn't. He has been here for 30 plus years. Well, I don't know how the INS tracks down people, but now I am worried that after he serves his time which will probably be only a year to a year and a half, that they will show up on our door step. In his plea bargin, it states that the other county in which the crime occured would not prosecute and the Feds would not prosecute, but that doesn't include the INS, does it? How does the INS find out? Does the prison ask the question and report to INS? Any info would help. I guess I should think about one thing at a time, since he has only been gone a month, but I haven't been able to talk to him, so I can't ask him the questions, and I don't want to write it in a letter. And it seems like they could knock on your door ten years later if they wanted.

I don't know how it works in CA, but here in Florida, they only contact the INS if the crime was a felony. My ex was from Mexico and he was an illegal immigrant. He went to the county jail like 3 times and they never contacted INS (I figured because they didn't want to do the paperwork) but once he went to State for 2 Felony charges, he had to appear before the INS hearings officer to determine if he would be deported after his sentence, which he will be! I hope this helps. Someone will be along with more knowledge on the subject. Good luck! :)
Tammy

Thanks Tammy. I am so sorry to hear that he will be deported. How are you taking that? To wait for him to come out and then be sent away. Well my guy was convicted of felony and his sentence is longer than one year. I don't think any INS agent went to see him yet, but then again I haven't talked to him and plus it is pretty early. He is still in reception. Well thanks for the info, and my heart goes out to you. Take Care...Gee

IF his father became a citizen before he turned 16 then have him file an N600 form immediately. You can find it on the INS website. It may work. He can state that his father was never informed to fill it out on behalf of his son. Try it.