QUESTION
What are the options for my boyfriend who overstayed his visa and now is in a detention center?
Asked on Sep 21st, 2011 on Immigration - New York
More details to this question:
What are the options for an immigrant who overstayed their visa for 10 years? He came up as a teen and is now 27. He hasn't been in any trouble with the law. He was about to get married to a US citizen. He was detained on ft. lee for having an expired passport. Would he be able to get married while detained? or could me or my sister file an affidavit of support or is it easier for his brother to do it? 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?
3 ANSWERS
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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Well, in a situation like this, you should consult a lawyer face to face. My best advise for you is that you immediately retain a lawyer so that he/she can take a right action for him.
Answered on Sep 26th, 2011 at 9:58 AM
Immigration and Nationality Attorney serving Chicago, IL
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Simvisa
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Your boyfriend should not allow himself to be deported without a hearing before an immigration judge. He should explain that he would like a bond hearing and a hearing before the immigration judge. He should not sign any paperwork that concedes to deportation. It is very important that he retain the services of an immigration attorney with experience in removal proceedings.
Answered on Sep 22nd, 2011 at 7:42 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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If he marries a US citizen he may be able to remain in the US. There will be a presumption his marriage is not bona fide but if it is a good faith marriage he will not have a problem overcoming this. You will need to speak with and retain an immigration attorney to discuss his options.
Answered on Sep 22nd, 2011 at 5:53 AM