Will ICE deport me?

S

stanxxx

New Member
Hi. I was recently convicted of what's called felony stalking my ex-wife because she withheld my child from me. I am Austrian and have lived in the US legally since 1991 (with a 3 yr. hiatus). No prior convictions or troubles with the law. I am in Washington state. I was sentenced to 5 months house arrest with ankle monitor.

My questions are as follows:
1) what are the chances of ICE showing up at my door and detaining me for deportation?
2) do they have the right to enter my house with a warrant and arrest me?
3) this is a rebuttable offense. What are the chances that I could successfully rebut deportation by arguing my case?

Thank you
 
stanxxx said:
Hi. I was recently convicted of what's called felony stalking my ex-wife because she withheld my child from me. I am Austrian and have lived in the US legally since 1991 (with a 3 yr. hiatus). No prior convictions or troubles with the law. I am in Washington state. I was sentenced to 5 months house arrest with ankle monitor.

My questions are as follows:
1) what are the chances of ICE showing up at my door and detaining me for deportation?
2) do they have the right to enter my house with a warrant and arrest me?
3) this is a rebuttable offense. What are the chances that I could successfully rebut deportation by arguing my case?

Thank you
Click to expand...
What do you mean? when you say "3 yr hiatus"

Were you out of the country for 3 years?
 
yes, 3 years out and then back.
I have since learned that ICE can enter my house with a warrant. So wouldn't they always get a warrant before going to someone's house? Legally the warrant for arrest (but not to search the house) does not have to come from a judge but ICE can issue it themselves. What if I hide in the house and don't open the door? Thanks
 
stanxxx said:
yes, 3 years out and then back.
I have since learned that ICE can enter my house with a warrant. So wouldn't they always get a warrant before going to someone's house? Legally the warrant for arrest (but not to search the house) does not have to come from a judge but ICE can issue it themselves. What if I hide in the house and don't open the door? Thanks
Click to expand...
When you stayed out of the country for 3 years you abandoned your GC status. That's a topic for a another post. Anyways Moving forward

When you were arrested your immigration status would've been checked. Eg Before being released on bail/ROR they would've placed you on an immigration hold if they considered you DEPORTABLE.
Felony convictions should be taken seriously when considering the immigration ramifications. At some point consult with an immigration attorney.

I don't think ICE will be coming to look for you. They could've kept you locked up "immigration hold" until your case was over then just deported you.

Do see an attorney tho.
 
I know hiding is not a long term solution but after my home detention expires in 5 months I want to leave the US anyway, permanently. I just don't want to be detained by ICE. Can they break in the door if they think I am in there?
 
Typically, you will have to be convicted of certain offenses. Someone above said they would have put a hold on you, which is not always the case. If you are a non-immigrant and are arrested for certain felony charges, they would probably place an ICE Detainer on you. Being a Legal Permanent Resident, they will not usually take action until a conviction; they might keep an eye on you though, but probably not. You said you were sentenced to 5 months house arrest so this wouldn't qualify as an aggravated felony (1 year or more of prison time), which could possibly get you deported. It also is not on the list of specified crimes considered as crimes of moral turpitude; you are probably okay.
 
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