Partner picked up for driving w/o license, released - but must report to ICE

[al91206]

What is the name of your state (only U.S. law)? CA

My partner was picked up for driving w/o a license. He was released and actually the infraction was dropped, but ICE put a hold on him. He was in works for U-Visa, so that is pending. ICE released him, but during his brief ICE detention he signed a removal document. He was released from ICE detention on own recognizance but now must report to ICE office again on Monday morning. Our atty is going w/ us and has some paperwork to fight any removal orders. Lawyer will argue that he signed under duress - which is the truth.

My question is - has anyone here gone through something like this - reporting to an ICE office? Just not sure what to expect. Is it just "report to make sure you're still around and not trying to run" or is this "deport anyone and everyone possible"???

Also - side question: Should I marry him this weekend - would that be of any help whatsoever?

Any info is GREATLY appreciated.

Thanks,

Al in SoCal

 

[Proserpina]

What is the name of your state (only U.S. law)? CA

My partner was picked up for driving w/o a license. He was released and actually the infraction was dropped, but ICE put a hold on him. He was in works for U-Visa, so that is pending. ICE released him, but during his brief ICE detention he signed a removal document. He was released from ICE detention on own recognizance but now must report to ICE office again on Monday morning. Our atty is going w/ us and has some paperwork to fight any removal orders. Lawyer will argue that he signed under duress - which is the truth.

My question is - has anyone here gone through something like this - reporting to an ICE office? Just not sure what to expect. Is it just "report to make sure you're still around and not trying to run" or is this "deport anyone and everyone possible"???

Also - side question: Should I marry him this weekend - would that be of any help whatsoever?

Any info is GREATLY appreciated.

Thanks,

Al in SoCal

Marrying in these circumstances is about the worst thing you could do; immigration would simply determine that it's a fraudulent marriage in order to obtain immigration benefits.

 

[OHRoadwarrior]

Nope, they do not deport just anyone. Just illegals and undesirables.

 

[Mass_Shyster]

Should I marry him this weekend - would that be of any help whatsoever?

NO!!! Do not marry him this weekend. That can be seen as fraud.

Nothing moves fast in Immigration Court, including removal proceedings. He can likely rescind whatever he signed. If they released him on recognizance, they don't consider him a flight risk, so they may not detain him tomorrow.

What do you mean that the U Visa is pending? Has it actually been filed, or is it still in preparation? Has that I-918B been signed? Getting that signed is generally the hardest part.

 

[al91206]

NO!!! Do not marry him this weekend. That can be seen as fraud.

Nothing moves fast in Immigration Court, including removal proceedings. He can likely rescind whatever he signed. If they released him on recognizance, they don't consider him a flight risk, so they may not detain him tomorrow.

What do you mean that the U Visa is pending? Has it actually been filed, or is it still in preparation? Has that I-918B been signed? Getting that signed is generally the hardest part.

Filed .. he was picked up after the U-Visa packet was filed. So - it's in the works. Yes - I-918B has been filled out and signed and included with the packet.

 

[al91206]

Update - Appt over with (thankfully)

For anyone else in this situation just want to relate what happened: He had to report to the downtown LA ICE office at 300 Los Angeles, LA CA - the immigration officer was pleasant and basically explained that removal proceedings had been started which the atty had already let us know and she also said a court date would be forthcoming. She also gave him a May date to come back. That's it.

Apparently the papers he signed admitting he was here w/o papers were given to him by mistake - and now ICE is disregarding them! Obviously this is good news - probably not the norm.

 

[Proserpina]

For anyone else in this situation just want to relate what happened: He had to report to the downtown LA ICE office at 300 Los Angeles, LA CA - the immigration officer was pleasant and basically explained that removal proceedings had been started which the atty had already let us know and she also said a court date would be forthcoming. She also gave him a May date to come back. That's it.

Apparently the papers he signed admitting he was here w/o papers were given to him by mistake - and now ICE is disregarding them! Obviously this is good news - probably not the norm.

If the papers are tossed: ICE simply does it all again.
If the papers are not tossed: Removal will go ahead as anticipated.

Not sure why you think it's a good idea.

 

[al91206]

If the papers are tossed: ICE simply does it all again.
If the papers are not tossed: Removal will go ahead as anticipated.

Not sure why you think it's a good idea.

The paper that my partner signed acknowledging his undocumented status and waiving his right to a court date and representation was thrown out and the agent explained was given by mistake and now they are disregarding that. That was the good news. Deportation is always a reality for him - that part I know. Now at least he will see an immigration judge w/ representation in a situation where he has a U-Visa app filed & pending.

 

[davew128]

So let me get this straight. He's here illegally and drives without a license (and I'm guessing insurance) and you support this? Damn if only my Uncle was the president, I'd get hammered every night and drive.

 

[Mass_Shyster]

For another year or so, California won't give a driver's license to people who are too stupid to be born in the USA.

 

[Proserpina]

The paper that my partner signed acknowledging his undocumented status and waiving his right to a court date and representation was thrown out and the agent explained was given by mistake and now they are disregarding that. That was the good news. Deportation is always a reality for him - that part I know. Now at least he will see an immigration judge w/ representation in a situation where he has a U-Visa app filed & pending.

Oh dear. You're under the impression that this is actually a better situation for your partner, aren't you?

Well, much as I'd like to disabuse you of that notion, perhaps the upcoming reality check will be a better lesson than I could ever provide

 

[OHRoadwarrior]

California is stupid enough to support foreign invasions.

For another year or so, California won't give a driver's license to people who are too stupid to be born in the USA.

 

[cbg]

For another year or so, California won't give a driver's license to people who are too stupid to be born in the USA.

As an American citizen who was born outside the US, I'm not sure whether to be offended or amused. But then, I have no need of a California drivers license, so I suppose it doesn't matter which I choose.