QUESTION
No NTA. detained on fort lee for having an expired passport.sent to farmville, va. no hearing yet. charges by ICE-overstay. what are his options
Asked on Sep 22nd, 2011 on Immigration - Virginia
More details to this question:
what are the options for an immigrant who overstayed in the US for 10 years their. i think it was a visiting visa. passport expired in 2001. he came up as a teen and is now 27. His paperwork he said states that ICE is only charging him with overstaying his visa. Is this a good thing or bad. He stated that ICE told him it wont affect him in any way. he was about to get married to a us a citizen. he was detained on ft. lee army base for having an expired passport. would he be able to get married while detained. or could me or my sister file an affividavit of support or is it easier for his brother to do it who is a us citizen. should he voluntarily leave or should he see an immigration judge.he was told if he voluntarily leaves he would get a 3 or 5 year ban. if he sees a judge he will be able to state his case, ask for a bond or if he his denied by the judge . he will be sent home and he can apply right away to come back. is this true. he is originally from NJ visiting VA. what are his
1 ANSWER
Immigration Law Attorney serving Cleveland, OH
3 Awards
Dear Sir/Madam
Thank you for posting your question.
If this person is in ICE custody now, you should hire an experienced immigration lawyer to get him out on bond. Once he is out on bond, and only if he has a bona fide relationship with a US Citizen that he had intended to marry, he could then marry her and have her apply for his petition for alien relative. Once that is approved, there is a new procedure that will allow him to adjust his status. I wrote an article about it that you should read.
I hope this has been helpful to you. Call me if you have any questions.
Gus M. Shihab, Esq
The Law Firm of Shihab & Associates, Co., LPA
gus@shihablawyers.com
877-479-4USA (4872)
Free Consultation.
Answered on Sep 22nd, 2011 at 9:00 AM