Indian citizen in US jail with expired Indian passport

[michael77]

I need some advise on how the process works for deportation.

My brother, who is a Indian citizen is currently serving a 7 month jail term and is scheduled to be released in Feb 2011. His US tourist visa expired 3 years ago and his Indian passport will expire in Nov. 2010, which means by the time he gets out of jail, his Indian passport would have expired. After serving his jail time, does he have to serve any time for living in the US illegaly ? Does anyone know what happens to him when he gets out of Jail ? Will he get transferred to US deportation Services ? How long will they take to deport him to India ? (days, weeks months ??). I tried contacting the Indian Consulate to see if they could extend his passport, but have not heard back from them yet.
When deporting him, will be be able to see him to give him clothes and some money for travel ? Will he be shackled and escorted to the plane ? Will we be able to travel with him back home to India, or will he be on a Government flight for deportees.

Thanks in advance for your help. We are confused and helpless and don't know what to do in this situation.

 

[dafortycal]

Assuming he has a ICE hold on him, he will be turned over to them. They will obtain a travel document for him. He will not serve any jail time for his immigration crime, but will be detained until his release or removal. The amount of time he remains in ICE custody is up to him, he can fight his case or ask to be deported. The only clothes he will be allowed to take are those that he has at the jail now, some ICE offices will allow a bag to be brough in my familty, normally a 40 pound limit. Depending on his criminal history, ICE might just escort him to a airplane and he flies back to india without a escort. ICE can escort him all the way back to India if needed. Family can not fly with him. If you want him to have money to take back wuith him, put it on his books at the jail he is at, and he will get it. Like many people, he might not have a ICE hold on him and will be able to walk out of the jail free, free until ICE catches him.

I need some advise on how the process works for deportation.

My brother, who is a Indian citizen is currently serving a 7 month jail term and is scheduled to be released in Feb 2011. His US tourist visa expired 3 years ago and his Indian passport will expire in Nov. 2010, which means by the time he gets out of jail, his Indian passport would have expired. After serving his jail time, does he have to serve any time for living in the US illegaly ? Does anyone know what happens to him when he gets out of Jail ? Will he get transferred to US deportation Services ? How long will they take to deport him to India ? (days, weeks months ??). I tried contacting the Indian Consulate to see if they could extend his passport, but have not heard back from them yet.
When deporting him, will be be able to see him to give him clothes and some money for travel ? Will he be shackled and escorted to the plane ? Will we be able to travel with him back home to India, or will he be on a Government flight for deportees.

Thanks in advance for your help. We are confused and helpless and don't know what to do in this situation.

 

[michael77]

Thank you dafortycal, you have provided me with a lot of good information ... another quick question. So once he gets out of jail in February and gets transferred to ICE custody, and he asks to be deported, do you know how long that will take (days or weeks) ?

 

[noorilove]

hey i have a question my brother's wife has came to the united states for 8 years and she had no tourist visa or a visitor visa she came here illegally and brother has filed for her if anyone has to get deported it should be her cuz most spanish people come here and marry a USC to get there papers.

 

[PRAHA]

hey i have a question my brother's wife has came to the united states for 8 years and she had no tourist visa or a visitor visa she came here illegally and brother has filed for her if anyone has to get deported it should be her cuz most spanish people come here and marry a USC to get there papers.

by spanish you mean mexican obviously.....