QUESTION
Will be deported right away by that judge for overstaying?
Asked on Oct 17th, 2011 on Immigration - Texas
More details to this question:
I have lived in the US for 18 years approximately. I’ve been asked to a jury summons and don’t know what to do? I came in with visa, and overstayed until now. I understand I have to show up to court but if so, when they ask for proof of citizenship I don’t have any! So my question is will be deported right away by that judge or is a 50-50 chance?
9 ANSWERS
Criminal Law Attorney serving Newport Beach, CA
at
Right Choice Law
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If you're not a U.S. citizen, you need to notify the court jury department that you're not US citizen. Please note that falsely claiming US citizenship especially with government agency is ground to lose visa status, and face removal/deportation from the U.S.
Answered on Nov 03rd, 2011 at 2:15 PM
Immigration & Naturalization Attorney serving Seattle, WA
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Orbit Law, PLLC
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If I understand your question correctly, you received a summons to serve on a jury trial correct? If this is the case, you should be able to check the box that says that you are NOT a citizen of the U.S. and return that to the court without having to physically appear in Court. Some states use Drivers License to ask people to appear for jury service so it is possible that you received the summons because the computer generated your Drivers License number. If you yourself are in criminal proceedings then the resolution may be different as certain crimes are deportable offenses, but even then, you will still have the right to appear before an Immigration Judge in Immigration Court (different from District, Municipal or Superior Court) and apply for some form of relief against deportation.
Answered on Nov 01st, 2011 at 8:47 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
I would call the Jury Commissioner and advise that you are not a permanent resident or citizen and should not be on the Jury summons list.
Answered on Nov 01st, 2011 at 1:59 PM
Bankruptcy Attorney serving Santa Ana, CA
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Law Offices of David L. Smith
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On your Jury Summons, there is a spot to put "You are not a citizen" and return it to the court.
Answered on Nov 01st, 2011 at 1:49 PM
More information is needed. If this is not immigration court, then the judge cannot order you to leave. Even if you were in immigration court, you can ask for time to get an attorney or additional time to take care of personal matters.
Answered on Nov 01st, 2011 at 8:28 AM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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You should be able to contact the clerk of court and explain that you are not a US citizen by phone and they may require you to mail something in.
Answered on Nov 01st, 2011 at 8:14 AM
Assault Attorney serving Richardson, TX
2 Awards
You are not qualified to be on a jury. Never claim citizenship if you are not one.
Answered on Oct 31st, 2011 at 7:50 PM
You do not need to appear for jury duty. Mail back the summons notice indicating that you are not a U.S. citizen. In addition, only an immigration judge can order your deportation.
Answered on Oct 31st, 2011 at 7:49 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If you received a jury summons, you should be able to note that you are not eligible to serve on the jury as a non-US national. Please check with an attorney in your state.
Answered on Oct 31st, 2011 at 7:31 PM