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  1. #1

    Default Overstay Help

    I have a son 18 yrs old being held by immigration:
    I came here from UK in 2000 on a B2 with my 2 children who were 12 and 10 yrs old:
    I extended my B2 for several months after being here:
    In January 2001 my B2 ran out - I found this out now 8 years later that I had a lapse of status - I married a US Ciitizen in Augist 2001 about 7 months after the lapse of status:
    I file papers for me and the children for green cards and get them through the marriage to my wife:
    My children were 14 and 11 when I married the US Citizen:
    Now I find out that my son now 18 is being held because of this laspe which is MY fault for not filing papers and losing track of my status and the childrens and now he is being targetted and held because of my mistake or lack of responsibility when he was only 11 years old:

    He is also being held on a detainer because he has a petty larceny class A misdemeanor charge on his record - recent conviction - a CMT:

    What can I do about the out of status charge and what could or would happen?

    How about the CMT conviction?
    Can I claim 'petty offense' and avoid depostation for him for the CMT?
    we all got our LPR cards in DEcember 2005:
    We have never left the USA for any period since being here from 2000 and have been here for over 7 years:

    You help or advice on similar situations or scenarios would help:

  2. #2

    Default Re: Overstay Help - Unusual Circumstance

    UPDATE:
    My son was RELEASED today before the 48 hour hold was up and the IMMIGRATION OFFICER called me at 8am and said he was releasing him as firstly there was confusion as to what the charges were classified as - YO or not and second because he is not a violent person BUT he could be re held and this might not be the end of it..that is a IMMIGRATION officer calling me the one who put the detainer on him and going by my word that there is a screw up somewhere..I thought people told me Immigration officers are not good people or are not there to help - well this guy IS helping and IS a nice guy

  3. #3
    Join Date
    Feb 2006
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    Default Re: Overstay Help - Unusual Circumstance

    Its good to hear that he was released. I have a couple questions if you don't mind, more out my own curiousity.

    You say you all received your LPR cards in December of 2005 including your son, right?? The out of status period in 2001 should have beend detected during that process, and if Immigration had a problem with that they would not have issued the LPR Cards.

    From what you said, I would not think it was the out of status that was the reason he was detained. It sounds more likely that the criminal charge caused immigration to see there is just cause to revoke the LPR status and deport him.

  4. #4

    Default Re: Overstay Help - Unusual Circumstance

    Yes thats what I told the immigration that we got out green cards and thing is we were all out of status myself my daughter and my son for about 9 months in 2001 inbetween the time I got married to my USC wife and when our B2 ran out..we entered legally and were inspected and never left USA since then...

    Seems the petty larceny charge/conviction is the one causing the problem:
    A CMT:
    He was sentanced to 60 days and served that doing weekends:
    He violated probation and got further time but I do not think that is added to the accural of the original sentance on this if I am correct?

    He can get a cancelation of removal by asking the immigration judge at a hearing based on the fact he has lived here continuously for 9 years, and the offense was not committed in the first 5 years of being admitted to the USA:

    Does anyone know the chances of him staying or being deported?

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