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F1 expired, in Jail for DUI, Now what?
- Thread starter teeto
- Start date
Citizentobehz
Member
in most situation like that, the local authority will transfer this individual to USCIS detention facility after serving the sentencing for removal process. Given (s)he is already out of status and committed crime, the bond will mostly be denied and put in so call "accelerated removal". Unless you have the compelling reasoning and circumstance to be qualify for "adjustment of status", the odds of favor will be very low. Without knowing the detail of the background, it is hard to say which option that might be available.
Citizentobehz, I think you might be jumping the gun a little bit there.
Depending on how severe the crime was and how much information was given by the F-1 holder. Generally this is a local court case - they usually don't want to get involved with immigration issues.
But my suspicion is that the F-1 student probably freaked out after being arrested and spilled the beans about everything thinking that there was a relationship between immigration and local authorities. All they would have asked for when they were arrested was for their driver's license and registration. Legal status is generally not a question.
So now it looks like your friend is going to have to get sound legal advice.
Are they in jail for the driving offense or the immigration one?
Depending on how severe the crime was and how much information was given by the F-1 holder. Generally this is a local court case - they usually don't want to get involved with immigration issues.
But my suspicion is that the F-1 student probably freaked out after being arrested and spilled the beans about everything thinking that there was a relationship between immigration and local authorities. All they would have asked for when they were arrested was for their driver's license and registration. Legal status is generally not a question.
So now it looks like your friend is going to have to get sound legal advice.
Are they in jail for the driving offense or the immigration one?
Citizentobehz
Member
simsd, I understand where you were coming from. Since 9/11, ICE is much more active and local authorityies are much cooperate with ICE, include information sharing. Even a simple traffic stop, it the individual is identifed as illegal, local law enforcement is "required" to detain the individual and notify ICE. Not it happens everytime, but someone in jail for specific crime, after severing centencing, it is most likely to be transfered to ICE custody.
Citizentobehz
Member
Thanks for the reply...what is "accelerated removal"?
If individuals crime meets "aggrevatied" definition under Immigration law, remeber, even some minor crime under state law could still conside as "aggrevated" under immigration purpose, will be put in "accelerated removal" proceeding, which include no bond, mandatory detaintion, and final removal. Make sure to consult an experience immigration attoney for further advice based on your firnd's specific situation. Without any detail information, it is all speculation.