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Criminal Immigration Issues Dealing with INS and other related issues.

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Old 03-11-2018, 07:04 PM
Allegra982 Allegra982 is offline
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Default Time serve before treaty transfer to Central America info please!

Hello everyone!
I have a quick question, any help will be appreciate it. my dad was recently sent to his home prison in GA, (D Ray James) he was sentenced to 96 months and he is deportable, he is a citizen of Costa Rica, and I’m his only family in USA we want to do the treaty transfer so he can finish his sentence in CR but today his case manager told him as a suggestion to not iniciated the process becuase must likely he will be denied based on the fact he just 11 months in detention out of the 96 moths sentence and if thats the case he’ll have to wait 2 years to re apply again, I tried to look up info about the requirements for citizen of Costa Rica and nowhere I found that there is a minimun time serve in the states before getting approved by the USA side, but everything else he qualify for the treaty. I’m super confused, also nobody in my family have usa visa to come and visit him and I’m 8 hrs away, he is better of in my country of origin. All of his support system is in Costa Rica. This has been an ongoing nightmare.

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Old 03-12-2018, 07:08 AM
fbopnomore fbopnomore is offline
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Welcome to Prison Talk. It may be a bop rule, or something written into the actual treaty language. Call a Costa Rica embassy and see if you can get assistance and find out from them.
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Old 03-12-2018, 01:41 PM
gvalliant gvalliant is offline
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Quote:
Originally Posted by Allegra982 View Post
Hello everyone!
I have a quick question, any help will be appreciate it. my dad was recently sent to his home prison in GA, (D Ray James) he was sentenced to 96 months and he is deportable, he is a citizen of Costa Rica, and I’m his only family in USA we want to do the treaty transfer so he can finish his sentence in CR but today his case manager told him as a suggestion to not iniciated the process becuase must likely he will be denied based on the fact he just 11 months in detention out of the 96 moths sentence and if thats the case he’ll have to wait 2 years to re apply again, I tried to look up info about the requirements for citizen of Costa Rica and nowhere I found that there is a minimun time serve in the states before getting approved by the USA side, but everything else he qualify for the treaty. I’m super confused, also nobody in my family have usa visa to come and visit him and I’m 8 hrs away, he is better of in my country of origin. All of his support system is in Costa Rica. This has been an ongoing nightmare.
You should contact the Costa Rica consulate. They should have a copy of the specific bi-lateral treaty between Costa Rica and US. It is likely only a few pages. Review that to verify if there is anything that might indicate any truth to what the case manager stated. I doubt it.

There is no such guideline in DOJ regulations stating a reviewer should deny because they have not been in prison long enough time. You can apply day one you arrive in your home prison. The only guideline regarding time in prison is "if there is less than 6 months LEFT to serve you will not be considered". Additionally, some bi-lateral treaties will consider you "domiciled" in the US if you have been in the US longer than a certain time and deny transfer for that reason. Mexico treaty, for example, denies transfer to anyone who has been in the US longer than 5 years.

In other words, waiting is a bad idea. The more time in the US and the less time left to serve, the greater the chances he will be denied. Understand also that from the time he applies it will likely take at least one year before he is transferred assuming he is approved. If he waits 2 more years to apply, then by the time he gets to Costa Rica he will probably only have a few years left to serve.

Adviser is correct in that, if denied, you have to wait 2 more years before applying again.

I would apply now. I believe he is receiving bad advise and his application will not be denied for reason of not having served enough time.
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Old 03-12-2018, 05:49 PM
Allegra982 Allegra982 is offline
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Quote:
Originally Posted by gvalliant View Post
You should contact the Costa Rica consulate. They should have a copy of the specific bi-lateral treaty between Costa Rica and US. It is likely only a few pages. Review that to verify if there is anything that might indicate any truth to what the case manager stated. I doubt it.

There is no such guideline in DOJ regulations stating a reviewer should deny because they have not been in prison long enough time. You can apply day one you arrive in your home prison. The only guideline regarding time in prison is "if there is less than 6 months LEFT to serve you will not be considered". Additionally, some bi-lateral treaties will consider you "domiciled" in the US if you have been in the US longer than a certain time and deny transfer for that reason. Mexico treaty, for example, denies transfer to anyone who has been in the US longer than 5 years.

In other words, waiting is a bad idea. The more time in the US and the less time left to serve, the greater the chances he will be denied. Understand also that from the time he applies it will likely take at least one year before he is transferred assuming he is approved. If he waits 2 more years to apply, then by the time he gets to Costa Rica he will probably only have a few years left to serve.

Adviser is correct in that, if denied, you have to wait 2 more years before applying again.

I would apply now. I believe he is receiving bad advise and his application will not be denied for reason of not having served enough time.
Good point! I agree with you 100% . Thanks! 🙏
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