Person without document wants to back to India forever. visited court with lawyer once.

V

vsshah

Registered Users (C)
Hi Guys,

I have one friend, came to USA without document 10 years back. Person filed taxes for sometime using ITIN#.

Person was arrested 2 years back from home/apt. No criminal record. Just immigration dept. came to see another guy in same apt, and arrested this person too. This person was released on $3000 bail, with future court appointment date.

Last year Feb 2012, person visited Chicago court with interpreter. So, court gave next date March 12, 2013, and told to come next time WITH lawyer.

Meanwhile, Person has decided to go back to India forever. Person hired a lawyer too. So, person and lawyer visited court today, and court gave another date in October 2013.

Why such delay? If person wants to go back by own expenses, then why such delay?
Lawyer is making delay with mean intention? Lawyer said, you need interpreter too for today's visit. If so, then why lawyer didnot mention this part earlier? Anything fishy?

Any assistance is appreciated. Person wants to go back to India ASAP.

Thanks,
 
He/she can apply for a document to return to India at the consulate in Chicago. It won't be a problem, but he/she will be banned from re-entering the US for at least 10 years.
 
cafeconleche Thanks....

Yes Iam aware of 10 years ban.
Earlier as lawyer said, person has to visit Chicago's immigration office (where US Citizenship interview taken), from there one document will be picked up, and then based on that India consulate in Chicago will issue new passport, and on that person can travel to India. But total 3 offices are involved. (1) Chicago Immigration Court and ICE Office of Chief Counsel (where appreared today). 525 Van buren St, Chicago (2) USCIS, 101 West Congress Parkway Chicago, IL 60605 (3) India Consulate.

But, if you can provide step by step process with form names, will be more helpful.

Thanks,
 
I can't really. He/she just has to apply for a passport at the consulate, and they will probably only issue the emergency certificate once he/she explains the circumstances.
 
I got this answer, when I asked at w w w . l a w b e n c h . c o m for $20.

A. Hello:

I would recommend that the person requests his lawyer to negotiate with the DHS' counsel whereby he/she agrees to take voluntary departure. Otherwise, if the person fails to appear on 10/13, then the court may make an order that may be adverse to their interest, impacting their ability to return in the future, in case they wanted to come back.

In conclusion, I would recommend that the person leaves with permission/notification from/to the DHS.

Best,
Indu

Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335
w w w . i n d u l a w . c o m
 
vsshah said:
I got this answer, when I asked at w w w . l a w b e n c h . c o m for $20.

A. Hello:

I would recommend that the person requests his lawyer to negotiate with the DHS' counsel whereby he/she agrees to take voluntary departure. Otherwise, if the person fails to appear on 10/13, then the court may make an order that may be adverse to their interest, impacting their ability to return in the future, in case they wanted to come back.

In conclusion, I would recommend that the person leaves with permission/notification from/to the DHS.

Best,
Indu

Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335
w w w . i n d u l a w . c o m
Click to expand...

When my case was in Immigration court, this guy wanted to go back home. All he did was to tell the judge, he wanted to go back, Judge said ok and asked how much time he needed to leave the country. The judge gave him a date by which to leave the country and that was the end of the case.
 
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