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Hi, currently I'm an F! student, but I wanted to ask what would happen if I go out of status and DHS comes to arrest at my apartment. Can they forcefully fly me back to my country? I'm in a position that if I will be sent back I would become an homeless since I have no family at my home country. I would practically prefer to be executed as extreme as it might sound, just not to be sent back. Can the judge show mercy? I have a citizen sister but sponsoring through her would take 11 years. Please let me know if I have chances to avoid deportation, because I'm not sure how long I would keep the F1 status.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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If you fall out of status and DHS arrests you at your apartment, you would still be afforded due process which means that you would be entitled to appear before the immigration judge and ask for any relief which you think you deserve. From your words, you and/or your legal representative at that time might wish to explore the reliefs of asylum, withholding of removal, and relief under the Convention against Torture (CAT). You would not be simply put on a plane to your home country. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 16th, 2015 at 8:39 AM