View Full Version : Question regarding an Immigration hold


nybred68
10-27-2008, 05:13 PM
My boyfriend was sentenced to 21 days in county jail for no valid driver's license-a misdemeanor in Florida. He has no criminal record whatsoever. Anyways, he has an immigration hold on him since the day he entered jail after interviewing with an agent there.
My understanding was that I.C.E. had 48 hrs. to take possession of him after his sentence was completed. Is this true? His sentence was completed at 9:00 yesterday.( I was told that if immigration could call today and express interest in him and the 48 hrs. could start over, because his release date fell on a weekend day, though.) From what I understand, not all immigration holds are enforced here. Meaning I have heard quite a few stories of illegal immigrants having holds put on them in this facility for minor misdemeanors and I.C.E. never coming for the person and them being released. We have been pinning our hope on this being the case for him... A lot of crying and praying have been done for him.
We didn't hire a lawyer, because one, from what we understood, he hasn't been actually been detained yet. And two, we know that there would be no fighting deportation for him. He is not married to me and he has no family in the USA. Just a waste of time and money.
My question really revolves around the 48 hr. immigration - am I correct in my belief they have to remove him from this facility within 48 hrs. of his sentence is completed? (This facility does not contract with ICE to house detainees.) This is what his lawyer from his criminal case told us, but I am getting different answers from other people.
Any information would be greatly appreciated.

Adrienne
10-27-2008, 06:30 PM
Yes, you are correct about the 48 hours but since yesterday was a Sunday the clock didn't start until today. Good luck!

times_up
10-27-2008, 06:32 PM
i can only answer a part of your question:they have to remove him from this facility within 48 hrs. of his sentence is completed? No, they can just put a misc. misdemeanor charge hold on him, until ICE figures out what they are going to do. They shouldn't.... but they do. In your case, i hope they don't.

nybred68
10-27-2008, 08:37 PM
I am so glad I found this site. I have been lurking for the past week trying to gather whatever I can.
This past 3 weeks have been such a roller coaster for me - emotionally and mentally. We were told by his lawyer before he pled in court they would most likely not pursue deportation, because it not a crime of moral turpitude. I spoke to the lawyer after they placed the hold, because I was alarmed. They told me to remain calm, because all foriegn citizens get one when they enter the jail the first time. And again-not a deportable crime. One day I am sure he will be released and others I am sure they are coming to get him...
I thought they had to wait until his sentence was done, but then I was told by another person that was not necassarily the case. My bf last week called me to tell me they had taken another inmate 3 days into a 7 day sentence plus that they had come and taken out 8 inmates on two consecutive days last week. Seeing he was only 2 days short of his release, we took this as a good sign. From what we were told, they only come a couple times a month when they can take a large group...
Then I talk to an officer in booking yesterday to make sure of his non-release and she rips my heart out with her comments-not sure if she is just saying the standard spiel or if she knows something...
Have been told they mostly pursue deporting Mexican citizens here, because it is easier, cheaper and faster to deport them. My boyfriend is from a Central South American country. I hold on to that hope, but then I know in my heart, that is not always true. Others say they focus on people who entered illegally initially. I realize my bf is here illegally, he did enter with a visa and passport, but has overstayed. (By 9 years.)
I am overwhelmed at times with trying to stay positive and still making plans in case he is detained and deported. We have no children, so that is a positive. But, if he leaves, I am not afford to keep this rental alone on what I make... Although, my landlord told me not to make any rash decisions, because he was willing to lower the rent to keep me here. How low is the deciding factor on whether I stay or have to start packing my stuff up. And not sure where I will go...
I left my husband 4 years ago to be with my bf. Gave up my business, left my family and friends in NY and moved to Florida to start over with him. The prospect of starting over again just scares me to death. I have been researching how to travel to Chile. He says that is what he wants. He has a large family and a house there. But, right now, we have very little savings-not even enough to purchase a one way ticket and passport for me. Trying to figure out how I can save money to travel to Chile while just trying to survive on my own. He says when he gets home he will go back to work there as soon as he can-he had a pretty successful career there and send me money to join him.
I never doubted him, but today, he started that stupid crap about me forgetting him in 2 weeks. Easy for me to find a new boyfriend, etc... First time he has been like that to me while discussing what we are going to do. I know he is hurting and I shouldn't take it to heart, but it is hard not to.
Sorry for rambling on, but I just felt like the women on this board would understand my need to vent. Someone who has or is going through what I am. My mother is being very supportive, but she is 1200 miles away... And I am not sure she can completely empathize not ever going through this. I have turned into a 40 year old blubbering idiot on the phone to her and I really know I shouldn't put her through that.
Thank you for your replies- I really appreciate it.

nyc4life
10-27-2008, 10:41 PM
nybred68, try to stay strong. I think many of us can relate to what you are going through and we all hope things get better for you and your family.

Dealing with ICE is always aggravating because they can be unpredictable but mostly because they are just unfair and treat people as inhumanely as possible. They have 48 hours (excluding weekends and holidays) to come get him upon release but because he is here illegally he will still have to worry about them. ICE conducts raids frequently. Hopefully you guys are able to buy some time but I think the best thing to do is to consult an immigration lawyer in your area just to see what your options are.

Good luck to you.

nybred68
10-29-2008, 08:28 AM
Well, he is not getting out... He will be deported. My question would be now. I realize he will have a 10 year bar on reentry, but is there any shot of going to Chile, marrying him and having him come back on a K-3 (I believe that is correct?) before the time is up? His only crime of record is no valid driver's license. I'm sure someone has experience with this? I am thinking that would be better than applying for a K-1, because although I will be looking for a better paying job in the near future, I will have a hard time with the financial requirements of a K-1 without finding a co-sponsor at this time. I do not want to ask my mother to co-sponsor, even though she probably would to keep me in the states. (She really does not want me to move to Chile.) She's older, does not live in the same state as me and I do not want to put her through any of it. From my understanding, for a K-3 his income in his country would count toward financial requirement?
I realize this will be a long, complicated process and it may be a struggle, but I am willing to give it a go, if there is a possibility. Or is the bar written in stone, even for a married couple?

Adrienne
10-29-2008, 04:28 PM
sorry to give you bad news but of he is given the ban, then that means you can't apply for the visa until after the 10 years is up. Too bad you are going through all of this.

tx_butterfly_08
10-30-2008, 10:42 AM
First off......my boyfriend is an ilegal as well. He was arrested for a public intoxication...I went to try and get him out but it was to late he had a INS hold on him. Immigration will place a hold on any ilegal these days. No matter if it is a misdaminor or felony. He will set out his ticket for a certain amount of days, when he has finished sitting out his time, the facility will hold him and then contact ICE. ICE has up to 90 days to come and pick him up. Mine only took ICE 3 days. I promise you once he has that hold on him, he will not be released. No matter what you do, who you are, or how much money you have. He will be removed from county jail in your state and transfered to another Imigration Holding Facility. Please know this......RIGHT now get his a#. An A # number is refered as an ALIEN IDENIFICATION NUMBER. If you do not have this number when they transfer him, they will NOT TELL YOU ANYTHING....as to where he is, where he was moved to, anything. It does not matter if you are his wife....or dieing realitive. Please just get that number. If you have any more questions IM me. Also please go to this site immigrate2us.net

nybred68
10-31-2008, 11:13 PM
I have a girlfriend that is illegal and has been arrested twice and bonded out for no license and once for aggravated battery /causing bodily harm ($25,000 bond-which took a few days to arrange.)in the past 2 years and another friend of his has been in three times for no license... Both interviewed with immigration in jail and were not held..
But, mine finally got around to telling me he had been in immigration court before in Buffalo... Now I know why he really wanted to come to Florida 4 years ago to work:) He had failed to voluntarily depart, so he had a immigration warrant. So he never had a chance. And 48 hrs. was null and void. So, he is actually lucky, I guess. There is already a deportation order, so no messing around waiting to see a judge, if I understand correctly. He was moved from county jail to Broward Transitional Center yesterday. He actually sounded a little upbeat today. They have TV there unlike county jail and the conditions there are so much better. I am making the 4 1/2 hr. drive to see him tomorrow if everything goes well and leave his bag of clothing for the trip home and some money. He gets 2 Saturday visits every month. Actually. when I called the facility today, they gave me his A number... Don't know if that is normal, but she asked for his name,my name and gave me his number. He said his officer took my name down as a friend/family...
I told him maybe going home is a good thing. He can get his driver's license, he's free to work anywhere and enjoy so many rights and freedoms he is denied here. I have been living in this dead little town in a go-no-where job and wishing there was more. Maybe this is God's way of giving me the oppurtunity to do something extraordinary.
I am going to wait until he is home and had a little while to get on his feet and I am going to join him. Hopefully by mid-March the dog and I will be on our way to Santiago.

pamela_c
11-08-2008, 01:00 AM
Well, he is not getting out... He will be deported. My question would be now. I realize he will have a 10 year bar on reentry, but is there any shot of going to Chile, marrying him and having him come back on a K-3 (I believe that is correct?) before the time is up? His only crime of record is no valid driver's license. I'm sure someone has experience with this? I am thinking that would be better than applying for a K-1, because although I will be looking for a better paying job in the near future, I will have a hard time with the financial requirements of a K-1 without finding a co-sponsor at this time. I do not want to ask my mother to co-sponsor, even though she probably would to keep me in the states. (She really does not want me to move to Chile.) She's older, does not live in the same state as me and I do not want to put her through any of it. From my understanding, for a K-3 his income in his country would count toward financial requirement?
I realize this will be a long, complicated process and it may be a struggle, but I am willing to give it a go, if there is a possibility. Or is the bar written in stone, even for a married couple?


Bars are not written in stone. You have the ability to file a waiver and request a waiver. For deportation or illegal presence, I believe that it is called a 212 waiver. It currently cost $545 to file one and they are very slow to process, at least in Mexico.
If I was you, I would definately start the process. It takes months to process the original application and more time along the way with fingerprints, additional proof for whatever, waivers and whatever else they might come up with.
Good luck with everything!

times_up
11-08-2008, 10:45 AM
the 212 is a trap waiting to happen. once you r deported, ICE says the case is closed. It has to be filed before you are deported. If you are already deported, you have to list what county etc... you are residing in, in the states. WHICH.... by the way is, REENTRY. Then, the govt will review the application and deny every good thing you have ever done because you apparently still don't care about the law because you are back in the states and deny you. ICE will come before you get the denial letter, arrest you and charge you with reentry. Don't file it. it's a catch 22.


Sorry... I still might be a little bitter.

pamela_c
11-08-2008, 12:55 PM
the 212 is a trap waiting to happen. once you r deported, ICE says the case is closed. It has to be filed before you are deported. If you are already deported, you have to list what county etc... you are residing in, in the states. WHICH.... by the way is, REENTRY. Then, the govt will review the application and deny every good thing you have ever done because you apparently still don't care about the law because you are back in the states and deny you. ICE will come before you get the denial letter, arrest you and charge you with reentry. Don't file it. it's a catch 22.


Sorry... I still might be a little bitter.

I would not encourage her to file the 212 now. I was referring to once he's back in Chile and she files for K1 or K3 visa, that 212 could be granted possibly.
I don't think that you're bitter. Just frustrated by our broken system -- just as I am.

nybred68
11-09-2008, 10:15 AM
I was hoping if I traveled to live in Chile, married him, lived there for a year or two and filed to bring him back to the United States as a spouse, I was wondering if he might be granted a waiver. I was grasping for a little hope! So thank you for the information.
This will be an adventure to be sure.

pamela_c
11-09-2008, 02:06 PM
Do some research online first, if you have no desire to end up there permanently.
I can't post links yet, but the immigrate2us (dot) net forum is a great place to get good information. They even have like tutorials to help guide you with what will get you the best results.
USDOJ also has list of probono attorneys that it might not hurt to check with and see what they think about your particular case.
And online, you should even be able to come across information on how long waivers take to process in Chile and maybe even a percentage of approvals granted. I know that I have found tons of helpful information about Ciudad Juarez, Mexico for my situation.
Good luck with it all!

enanita90
07-02-2010, 01:07 PM
so how is life for you guys now? what did you decide to do?

christianswife
07-07-2010, 03:46 PM
It's for sure immigracion is getting more hard to deal with.They don't care if the person has kids.They don't care if a person has been here a long time and never been in trouble.Ther is a such thing as a hard -ship a person can fall when they have their immigration court but is rarely granted even with a lawyer.Pretty much the only option is to sign a voluntary leave.The lawyer in which I spoke with said he has more chance of getting legal in the future.Since my boyfriend was taken by immigration last Thursday I haven't heard from him I have no way of getting his A#So I was wondering If anyone knows how long this deportation takes?

adrosa
06-20-2011, 12:30 PM
well Im in the same situation here in az my boyfriend was released on the 15th of this month and ice came for him Friday morning at 5am but since they had too many they could not take him and they put him back in jail and now ice has come for him again now he is in a holding cell some where here in phx az i just cant find him now because he no longer has a bookin number he has an ice number and those start with an A and by the time i get that number he'll probably be in mex.[quote=nybredMy boyfriend was sentenced to 21 days in county jail for no valid driver's license-a misdemeanor in Florida. He has no criminal record whatsoever. Anyways, he has an immigration hold on him since the day he entered jail after interviewing with an agent there.
My understanding was that I.C.E. had 48 hrs. to take possession of him after his sentence was completed. Is this true? His sentence was completed at 9:00 yesterday.( I was told that if immigration could call today and express interest in him and the 48 hrs. could start over, because his release date fell on a weekend day, though.) From what I understand, not all immigration holds are enforced here. Meaning I have heard quite a few stories of illegal immigrants having holds put on them in this facility for minor misdemeanors and I.C.E. never coming for the person and them being released. We have been pinning our hope on this being the case for him... A lot of crying and praying have been done for him.
We didn't hire a lawyer, because one, from what we understood, he hasn't been actually been detained yet. And two, we know that there would be no fighting deportation for him. He is not married to me and he has no family in the USA. Just a waste of time and money.
My question really revolves around the 48 hr. immigration - am I correct in my belief they have to remove him from this facility within 48 hrs. of his sentence is completed? (This facility does not contract with ICE to house detainees.) This is what his lawyer from his criminal case told us, but I am getting different answers from other people.
Any information would be greatly appreciated.[/quote]

adrosa
06-20-2011, 01:14 PM
I would suggest that he leave voultary and not get deported because if he decides to come back he might still have the chance to fix his immigaration statues here in the usand by the way my boyfirends charge was a misdamenor too

adrosa
06-20-2011, 07:09 PM
it's for sure immigration is getting more hard to deal with.they don't care if the person has kids.they don't care if a person has been here a long time and never been in trouble.there is a such thing as a hard -ship a person can fall when they have their immigration court but is rarely granted even with a lawyer.pretty much the only option is to sign a voluntary leave.the lawyer in which i spoke with said he has more chance of getting legal in the future.since my boyfriend was taken by immigration last thursday i haven't heard from him i have no way of getting his a#so i was wondering if anyone knows how long this deportation takes?
well its fast usually within the first couple of days depending on how many they are take back.it can take at least a week .i'm in phoenix and my boyfriend told me that there is a lot of them there were he is at.they actually took him the 17th but they put him back in jail cause they didn't have enough room to take him they have recently taken him again and of course i was happy cause i would follow him to mex but come to find out he is going to do time in florence.as this is his second time:(