QUESTION
Can I be deported if my visa has expired for years?
Asked on Sep 16th, 2011 on Immigration - California
More details to this question:
I have a friend who is an international student but her visa is out of status and she is currently not in school. Recently she is arrested for the crime she convicted so the INS is involved and is detained. Will she be deported? Is there a way to keep her in the U.S.? This is her first time she convict a crime in the U.S. and it is a misdemeanor. If she is likely to be deported, can she request for a voluntary deportation ?
9 ANSWERS
She can request Voluntary Departure.
Answered on Jun 25th, 2013 at 12:39 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Yes, she will be ordered deported unless she has a grounds of relief from deportation, such as an application for permanent residence. If she has no other criminal or immigration violations and depending on the nature of the crime, she should be eligible for voluntary departure.
Answered on Sep 20th, 2011 at 1:15 PM
Immigration Attorney serving Miami, FL
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Law Offices of Nora M. Rilo PA
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She can be ordered deported because she overstayed her visa and she did not renew it. Depending on how long she has been here, if she has any immediate family and where she is from she might be able to stay. As to the conviction, it dependents on what she was arrested for, the actual charge, even a midemeanor can be enough to get you deported.
Answered on Sep 20th, 2011 at 9:59 AM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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Yes, she can be deported simply because she overstayed her status. My experience tells me that generally a simple misdemeanor does not generally result in removal/deportation. But again the issue is that your friend overstayed.
Answered on Sep 20th, 2011 at 9:13 AM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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If she is not maintaining a non-immigrant status she is potentially deport-able. She needs to consult with an experienced immigration attorney promptly to advise her of her options and tell her not to sign anything without consulting an attorney.
Answered on Sep 19th, 2011 at 8:59 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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They will almost certainly attempt to remove her from the country, whether she can qualify for any type of relief depends upon a number of factors. She/you should speak with and retain an immigration attorney to see what can be done.
Answered on Sep 19th, 2011 at 8:12 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Unless she has a basis upon which to obtain a green card or asylum, then yes she will probably be removed from the US. You should make an appointment this week with a competent immigration attorney who specializes in criminal removal to determine if she has any options.
Answered on Sep 19th, 2011 at 8:12 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Immigration can deport anyone who is present in the US without authorization. If her visa or F-1 status expired, immigration can certainly deport her. She may request for certain relief, if she is eligible, such as asylum, adjustment, or cancellation. Again, she needs to consult with immigration lawyer to determine if she has any viable reliefs.
Answered on Sep 19th, 2011 at 8:12 PM
Having no legal status that authorizes her stay is grounds enough for a removal order. She can request permission to voluntarily eave but it is in the judges discretion to grant it.Her conviction is a deciding factor in granting Voluntary Departure.
Answered on Sep 19th, 2011 at 8:11 PM