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Criminal Immigration Issues Dealing with INS and other related issues.

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Old 06-06-2017, 11:38 AM
laurenjj21 laurenjj21 is offline
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Default How does the BOP determine immigration status?

Where to start? This is kind of confusing so I'll do my best to make it make sense. My husband was not born in the US. As far as we know his dad was either a citizen or a resident BUT he died when my hubby was younger so we can't ask and the other living family members didn't know him well enough to tell us anything. we do know his dad was living legally in the US for 30+ years, His mom is a resident as well. This is where it gets confusing. My husbands PSI and all of his prison paperwork say he is a citizen. He has been in and out of county for other felony charges and has been in the BOP for 12 years. He was also just given his date to be released to the halfway house. Is it possible he could a citizen? I would think by now ICE would have placed a detainer on him. He even asked his counselor and she said he had nothing to worry about. I can't get him to do a FOIA because he doesn't want to bring attention to himself. Any advice or opinions? how does the BOP determine immigration status?
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Old 06-06-2017, 12:20 PM
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I can't answer your questions, but I do want to welcome you to PTO
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Old 06-06-2017, 01:49 PM
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Welcome to Prison Talk. If the bop hadn't already confirmed that he is a US Citizen, he would not be eligible for half way house placement. If you want more confirmation of his status, my opinion is to ask an immigration lawyer, not the bop.
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Old 06-06-2017, 05:49 PM
laurenjj21 laurenjj21 is offline
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Thank you for the response! That is what we are thinking too. He only has a few months until he is released to the halfway house. So we will see what happens! The immigration lawyer says that they would have placed a detainer on him by now. All we can do is wait and see!
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