Need help from someone who knows the correct answer for deportation to Mexico?

Question

Only speak if you are experienced or have gone though a similar process. I do not want to hear from jokers that know nothing.

Questions - 1. If you signed a voluntary removal can you get it withdrawn?

2. If you can get it withdrawn do you have to sit and wait in the country jail till the process is complete?

3. If you were picked up 2 weeks ago how much longer before they send you back?

This is in Kansas - The person going though this has no criminal background. Has a child and one on the way any day. Never got married to his girlfriend but lives together. Good work ethics.

I tried calling immigrantion lawyers but they all want money for free advice!

Asking anyone who has gone though this or knows of someone who has to please answer or email privately.

Answer 1

I'll give an example of one client's ordeal. You can decide how to utilize the information and go from there. Ultimately, you will need an immigration attorney.

The client (located in North Carolina) was charged with a DVO (Domestic Violence Order). He had to retain a Family Law attorney to get the DVO dismissed. The attorney was successful in his attempts b/c he was able to prove as it turned out, the woman who filed it was simply bitter b/c the man had left her for another woman. HOWEVER, during the DA's investigation process, it came to light that the man was an illegal immigrant (if I'm not mistaken, he came here with a student visa but then stayed even after it expired instead of returning back to his home country, because he had started a new life here). Double charges were pending at that time (one for the DVO and one for being here illegally). When the DVO charges were dropped, he was shipped to Atlanta, Georgia to answer for the charge of being here illegally (North Carolina - stupid as it is there are over 300,000 illegal immigrants here - does not have an immigration court, so everyone gets sent to Georgia). While in Georgia, his new girlfriend and best friend (as none of his family lives here) had to retain an immigration attorney. This attorney had to be from North Carolina, as the complaint originated in North Carolina.

The immigration attorney was FANTASTIC! He was able to prove a hardship case in sending the guy back (I think the fact that he had no where to return to as well as the girlfriend may have played a role in that as she was a hysterical nutcase - calling into the office everyday, 6 or 7 times a day, grilling us about her boyfriend's case & how it was coming along... drove me completely NUTS).

Anyway. He was released, but had to find his own way back to North Carolina (of course, he got a ride from his gal and best friend).

So, never underestimate the value of a good attorney. Which in your case, you WILL need. Everything I've told you today was free, but be prepared to pay a consultation fee (anywhere from $50 to $300 for approximately an hour) as well as a retainer fee (due UPFRONT for the attorney to take the case), which usually runs between $4,000 and $10,000 depending on where you reside.

Oh, I don't know about how long your man has before he's shipped out from Kansas. It depends on the following factors: if Kansas has an immigration court (otherwise, they will send him to the closest state that does), and how hard the DA is pushing the case (because a case will usually go before a judge 10 to 30 days after the arrest, but a continuance can be asked for which would allot an additional 30 days).

Bite the bullet. Get a lawyer. Oh, and unless your kid was speaking the truth in which case his bio dad should be sent through the wringer, teach him to keep his mouth shut.

EDIT: Yes, you can withdraw. However, he'll get the runaround in doing so, the DA will push harder for a quicker court date and he made his case more difficult to prove as a hardship case as he was originally willing to leave. Hence, the reason for an attorney. And a good one will want to put you on the stand to testify how your life would be impossible to live without him.

After all this c**p is done, provided that you are successful in getting him released, I suggest you people move to a friendlier state (ie - California).

Answer 2

I would assume that the police had nothing on him so they decided to ask him his citizenship as a pretense to arrest him; racial profiling, so to speak.  

Voluntary departure is very hard to be withdrawn, regardless of what the lawyer told you.  You would have to hire a lawyer, and even then, there is no guarantee that the lawyer can get it withdrawn because the person is illegal.  That would be the judge's call and more than likely, the judge would have the person deported because of the illegal status, regardless of not having a criminal background.   But each state is different and it may be easier in Kansas.

If the person has already been held for two weeks and has not had a court appearance, but has signed a voluntary deportation document, he should be having a court hearing any time soon, however, that is not a guarantee for a speedy court date either.  As a heads-up, regardless if this person has signed a voluntary departure form, and even has had a court date, it can take up to six months for them to deport him.  

Each person detained is assigned an 'inspector' or an 'officer' for his case.  This person would have information on any updates on his case.  What I would suggest is that you get in contact with this 'inspector' and keep calling until something gets done.  The squeaky wheel gets the grease, so to speak.  That will be the only way that they will get the hint on moving for a speedy process.

Answer 3

Report and Deport. Your son did us all a favor

Answer 4

i had an illegal friend get deported about two years ago.

i'm in illinois and it's a much friendlier environment than kansas, for illegals.

he tried to stop it, but after getting arrested, it was about four weeks total, and he was home.

i'm sure the nature of whatever crime landed him in jail, bears some weight-here in illinois.

kansas has become a lot more "conservative" in their illegal policy so i have to ask--how'd he get locked up?

EDIT:abuse is a very serious charge.  kansas will not be nice to him.  if he gets sent back, he can't come back to the U.S. ever.  if he gets caught here a second time, it's prison and deportation (jail time first, obviously).

well, in America, it's innocent until proven guilty.  they have to prove the abuse, if they can't the deportation will probably be withdrawn.

P.S.  i'm pretty anti-illegal(regardless of nationality), so i would recommend y'all voluntarily go there, and get him here LEGALLY.  might get him out of the abuse charge (felony).

EDIT2:  i apologize, i mistook the bio fathers crimes, for your boyfriends.....this changes everything.

i bet he has nothing to worry about.  he'll bail out probably, and in that case-go somewhere more illegal-friendly--like illinois, or new york or california.  there's an ice cubes chance in h**l he'll get deported from there, even for a felony.

Answer 5

Trying to thwart are laws are you???  If you are here illegally, they just need to go back home imho.

Answer 6

okay you definitly need to speak with a lawyer look one up online just googel immigration lawyer and they usualy give free consulation over the phone there usualy 1800 numbers but they actualy give pretty good advice just so you can figure out where you need to start.

Answer 7

NO, you can't.. Any day now you will get deported, the government is trying to deport illegals as soon as they can. Good luck!!.

Answer 8

Look if he was here illegally then he deserves to be deported. End of story...

No need to get nasty. We’re just telling you the truth, You should have know better then to get involved with an illegal alien.