[hodobrown]

My friend is in a situation where she is being stalked by an ex boyfriend from England. He has already been arrested three times in the past week, first time for assualt and battery(he broke two of her ribs), second time for assualt and violation of restraining order. third time he was arrested for violation of restraining order plus charges of unlawful entry and holding her against her will(he followed her home one night and forced his way into her apartment held her there all day before he just walked out saying "Ill be back").
We were told my INS after the second arrest that he was going to be deported. This guy also happens to be a lawyer so we are at a slight disadvantage when it comes to the legality of the situation. Now with the third arrest what are our steps from here to keep her safe from this lunatic? Another call to INS? Should we be contacting a higher level of law enforcment than the local sheriffs department?
I know there is a law that when illegal immigrants are convicted of a misdemenor it can be elevated immediately to a felony and they may deported. is there a law like this that exists for people that are visiting the US legally?

[Mr. Knowitall]

I don't know what that last remark is supposed to mean. Misdemeanors don't turn into felonies.

The USCIS is apparently working to deport this person, and he is probably fighting or appealing their decision. Litigation can be a slow process.

[hodobrown]

The Illegal Immigration Reform And Immigrant Responsibility Act of 1996 is the one I read about, enabling for any misdemeanor or minor offense to be elevated as an offense at the felony level making it possible to be deported.

[aaron]

You seem to be referencing a provision which relates to the treatment of a crime as a felony based upon the sentence, rather than its state classification. If not, please explain further what you read, providing links if possible. If that is what you're talking about, I don't know the specific statute charged so I don't know the penalty.

[Gypsy]

I just got my ex husband deported
I first went and withdrew my petition to sponsor his sorry behind.
Then I filed for divorce on grounds of fraudulent marriage to obtain a green card
Then I had him locked up for simple battery, trust me, there was nothing SIMPLE about it!
he still stayed here in USA for about a year and 4 months
I thought they would never deport him.They finally did
This is what you have to do

Get a restraining order, that in itself looks really bad on his status here with INS
{A threat to someone in this country to the point that they have to be protected]
Then call ICE, they have a hotline number.
You may need his alien number but, not, always
I only needed his name.
Call them every week
Never give up AND if he does get arrested
Call ICE right then and there and let them know where he is in jail and why!!
If you pester them long enough, they will get off their lazy behinds and go get him.