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Criminal Immigration Issues Dealing with INS and other related issues.

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Old 02-23-2017, 02:13 PM
sz1226 sz1226 is offline
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Default Possible Deportation after completion of sentence

Hello everyone. I wanted to share my possible scenario. My Fiancé is currently incarcerated with around 3 years to go before seeing the parole board for first time. He is a US resident and we know for a fact with everything going on with Trump and his immigration ban he will be deported when he's released. My man was arrested in Nevada and he was living in Miami prior to his arrest. I currently live in Miami. Have any of you been in this type of situation? Where your man is incarcerated out of state, and seeing the parole board with possible consequences of deportation. I just want to know if they grant parole will he be sent to ICE right away? Do I have to move to Nevada so they can grant parole and he can parole to me or will they grant it the first time he's up and send him to ICE? Any help will be appreciated!! Thank you!!
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Old 02-23-2017, 04:46 PM
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ICE will file a detainer, so in case he either paroles or does his whole sentence he will go immediately into their custody. And, incidentally, parole is probably out of the question.
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Old 04-11-2018, 12:41 PM
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Originally Posted by sz1226 View Post
Hello everyone. I wanted to share my possible scenario. My Fiancé is currently incarcerated with around 3 years to go before seeing the parole board for first time. He is a US resident and we know for a fact with everything going on with Trump and his immigration ban he will be deported when he's released. My man was arrested in Nevada and he was living in Miami prior to his arrest. I currently live in Miami. Have any of you been in this type of situation? Where your man is incarcerated out of state, and seeing the parole board with possible consequences of deportation. I just want to know if they grant parole will he be sent to ICE right away? Do I have to move to Nevada so they can grant parole and he can parole to me or will they grant it the first time he's up and send him to ICE? Any help will be appreciated!! Thank you!!
Did you ever find out how this would turn out? My boyfriend just got sent to diagnostics in Atlanta, GA and will be going to his "home" prison after that. He's got a lengthy sentence but will be eligible for parole in about 2 to 3 years. He's a resident, too. Plead to a felony. We are praying with all of our hearts he doesn't get deported. wishful thinking, maybe. We're just so distraught over this whole mess. He was detained in county jail for nearly a year, bond was denied several times. We haven't been able to hug him or see him face to face since he was arrested last summer...
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Old 04-11-2018, 01:38 PM
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Did you ever find out how this would turn out? My boyfriend just got sent to diagnostics in Atlanta, GA and will be going to his "home" prison after that. He's got a lengthy sentence but will be eligible for parole in about 2 to 3 years. He's a resident, too. Plead to a felony. We are praying with all of our hearts he doesn't get deported. wishful thinking, maybe. We're just so distraught over this whole mess. He was detained in county jail for nearly a year, bond was denied several times. We haven't been able to hug him or see him face to face since he was arrested last summer...
The only advice I have for you right now is based on the members that have shared their deportation/ICE experiences. Do not wait until the last minute to consult an immigration attorney. They are few and far between with the rash of cases needing attention. Your loved one is unlikely to be appointed counsel at the time because there is no legal obligation by the feds to do so. If you want representation, you'll need to hire someone. Try to obtain a free consultation and start saving for the fee.

Best of luck and please keep us updated.
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Old 04-11-2018, 01:41 PM
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The only advice I have for you right now is based on the members that have shared their deportation/ICE experiences. Do not wait until the last minute to consult an immigration attorney. They are few and far between with the rash of cases needing attention. Your loved one is unlikely to be appointed counsel at the time because there is no legal obligation by the feds to do so. If you want representation, you'll need to hire someone. Try to obtain a free consultation and start saving for the fee.

Best of luck and please keep us updated.
Thanks. we are just getting started on this journey...he's a first time offender. Neither he or me or his family know what lies ahead. We're trying to prepare as best as we can. Thank you again.
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Old 05-17-2018, 11:35 AM
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Get smart on Immigration law and the crimes that make one deportable. The Immigration section of the DOJ website has everything you need to know. There are waivers like 212C that one can file and make a case against deportation. That said, if his crime he was an aggravated felony, the waiver application will not be available to him.
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Old 07-07-2018, 12:22 AM
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Help, my LO is currently serving a 2 year sentence in county jail. He was convicted of grand theft which is an aggravated felony under immigration law here in California. His green card expires in 6 years. Will he be released to ICE upon completing his sentence or will he be sent home and deal with immigration after his green card expires? Does anyone know??
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Old 07-07-2018, 06:47 AM
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Welcome to Prison Talk. The answer will depend on what ICE is doing when he is released. If they file a detainer with California, he won't be released to the street unless he can bond out of the immigration lockup. If they don't block his release, he will be able to deal with his green card issue later.
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Old 07-07-2018, 09:16 AM
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Welcome to Prison Talk. The answer will depend on what ICE is doing when he is released. If they file a detainer with California, he won't be released to the street unless he can bond out of the immigration lockup. If they don't block his release, he will be able to deal with his green card issue later.
I'm hoping for the later
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Old 07-07-2018, 10:41 AM
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My friend was just granted her green card and one thing she said they stressed to her was "stay out of the legal system", as too with how immigration is going, they are pushing all "criminals" out first.
I'm not sure if you have seen the DACA members being deported(yes I know it's different than a green card) but even now the Army is secretly pushing out immigrants who joined for citizenship out.

My friend got deported, his recorded stated that he would have a parole hearing and what date he was eligible , but he got an ICE detainer, and that trumped everything.

I don't mean to put fear into your hearts as i'm sure you already have it, but get a lawyer ASAP, ICE will not hear someone's cause unless they have a lawyer.
From what my friend said, there is something about having being depend on you in the states, that will be effected if you leave, children, sick parents, those type of things.

I hope everyone gets the help they need and their loved ones state in the states!
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