Warrant for arrest of alien - Violation of the immigration laws - Want to go back to India forever

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vsshah

Registered Users (C)
Dear Advicer,

Please see attached file (I am not able to upload yet, I will try later). It is I-200 (Warrant for Arrest of Alien – Violation of the immigration laws).

Person entered in USA 7-8 years back w/o documents. She was arrested 4 months back from ‘Chicago suburb’, then sent to custody for 6 days. Then, she was bailed out after $3000 bond. Now, she has changed her residence.

She wants to go back to India forever now. But before that, she wants to appear in the court and express her wish to go back and get bond money back. She wants to keep herself clean before leaving this county.

She is thinking that, in future, if she has to come back again to this country (under F4 category or parents category etc.) , she should be getting in smoothly. So, before leaving, she wants to see court and clear all charges against her.

Note: Currently no one (relative) has applied any petition for her. But in case, In future, her daughter(going to be MBBS doctor soon) may come here (USA) under marriage category.

I have following questions.

(1) Can anyone represent her in Chicago area (south suburb)?
(2) If yes, how much does it cost (lawyer charges and government fees)?
(3) If she goes back to India, will she be able to come back on immigration petition (in case, if applied) or 10 years ban will be imposed on her?
(4) Anything else, you want to mention or need more documents?

Thanks,
 
Why would she get her bond money back? She can go back to India whenever she wants. But her records won't be cleared in the US as she was an illegal immigrant. She will probably get a 10 year ban and will be able to apply once her 10 year bar passes. But there's no way that she'd get her money back and a clear record in the States.
 
She should contact the governments immigration attorney and see if they can work out a deal for voluntary departure to India. If she gets that, she will not be subject to the 10 year ban, which really isn't 10 years if they seek permission to re-enter. To get the V\D, she wil have to show that she is able to buy her own ticket back to India, and that she has a valid passport. She is wasting her money if she thinks a lawyer will help in this. They might require her to post a $500 departure bond. Assuming she has no criminal record, the government should agree to this. She can also ask the immigration judge for the same thing at her next hearing.

She might also try calling the Deportation Officer in charge of her case and see if ICE ERO can do the V/D paperwork before it gets to the judge.
 
One response from attorney

Well, I asked one attorney too. Following is the response.
----
Dear XXXXX,

Please see attached file. It is I-200 (Warrant for Arrest of Alien – Violation of the immigration laws).
'Firstname Lastname' entered in USA 7-8 years back w/o documents. She was arrested 4 months back from ‘Chicago Heights’, then sent to custody for 6 days. Then, she was bailed out after $3000 bond. Now, she has changed her residence.

Please remind her she needs to let USICE and the Court know of her address change.

She wants to go back to India forever now. But before that, she wants to appear in the court and express her wish to go back and get bond money back. She wants to keep herself clean before leaving this county.

If she wants to leave she can do so now, no need to wait for judge, we can ask for Voluntary Departure.
Once she leaves the country whoever placed the bond will get the money back once she leaves.

She is thinking that, in future, if she has to come back again to this country (under F4 category or parents category etc.) , she should be getting in smoothly. So, before leaving, she wants to see court and clear all charges against her.

She might have an unlawful presence bar in that she was here illegally and may not be able to come back for up to 10 years.

Note: Currently no one (relative) has applied any petition for her. But in case, In future, her daughter(going to be MBBS doctor soon) may come here (USA) under marriage category.

Her daughter can file for her, but if she has unlawful presence the daughter can't get her a waiver of the 10 years. She may be stuck outside. She might want to seee what her options are before she leaves prematurely.

I have following questions.

(1) Can you represent her in Chicago area (south suburb)?
Yes, but will need to charge her for travel costs.
(2) If yes, how much does it cost (Your charges and government fees)?
We charge an initial $1,600 for Deportation Initial case Analysis plus travel costs (for Chicago could be 500-750)
(3) If no, suggest any one in Chicago land area.
I can suggest a few attorneys and you can compare fees. Most may charge per hour or per hearing.
(4) If she goes back to India, will she be able to come back on immigration petition (in case, if applied) or 10 years ban will be imposed on her?
See above, yes 10 year unlawful presence will attach
(5) Anything else, you want to mention or need more documents?
You only sent the warrant, would need Notice to Appear to see her charges.
 
Need more clarification please.

Thanks speakamericano.

dafortycal,

Wow!! it sounds good, in case of V/D, she won't be subject to 10 years ban, less is better.
She is able to buy her own ticket. But valid passport is question. May be by providing (past stored) photocopy of passport, she can get departure(oneway) permit from Indian Embassy in Chicago. Will it work? Well, She has no criminal background.

(1) Where can we find government immigration attorney? Is it government provided and cheaper?
(2) What is to 'post a $500 departure bond'? To deposit such money again in government?
(3) What is ICE ERO?

Let me get more information from her and paste here. Thanks for the info.
 
vsshah said:
Thanks speakamericano.

dafortycal,

Wow!! it sounds good, in case of V/D, she won't be subject to 10 years ban, less is better.
She is able to buy her own ticket. But valid passport is question. May be by providing (past stored) photocopy of passport, she can get departure(oneway) permit from Indian Embassy in Chicago. Will it work? Well, She has no criminal background.
I would see if you can work out the deal with the government first, if she can get a new passport issued here that would be better because if she is ordered deported ICE can use it to send her back home, otherwise she might be in their custody a long time until they obtain a permit for her.

(1) Where can we find government immigration attorney? Is it government provided and cheaper?
You can try calling your local ICE or USCIS office and asking for the phone number. The government attorney isn't for you, it is for the United States. The government attorny works for USCIS or US ICE, the Judge works for the US Department of Justice. If you need a lawyer, you must supply one yourself.
(2) What is to 'post a $500 departure bond'? To deposit such money again in government?
Sometimes the government ask for a departure bond, you will get that back after she leaves.
(3) What is ICE ERO?
Immigration and Customs Enforcement Office of Enforcement and Removal Operations.

Let me get more information from her and paste here. Thanks for the info.
Click to expand...

You should stop wasting your time with the question and start talking with the immigration attorney for the government. They have the final word.
 
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