If you "hide" from ICE...Don't Appear at Court....

[whateva147]

My friend was arrested and released by ICE four months ago. He was outside in his car when they came up to him outside of the Dept. of Homeland Security office. Ever since then he has to report once a month to the office and the last time they told him he had a court date in the middle of April. He talked to a lawyer and they pretty much think they will give him a "voluntary" departure. He wants to leave ahead of time and was even thinking of having his brother who has his green card go to court for him and say he "left" the country when he really is just going to move 50 miles away. We live in a huge metropolitan area and he thinks the chances of them finding him are very slim. He also has an American Fiance and he doesn't know if she can somehow help him or not. How long do they look for a person? Advice for him?

Thanks.

[JMRJ]

I understand you're very worried and confused right now that it is so hard to make a decision so I am going to remind you of the consequences if he does that -- from Daniel Green: (http://immigrate2us.net/forum/showthread.php?t=7910)


"If he wants to become legal at some point in the future, this was probably a very bad idea.

I'm a court officer so I cannot and will not put on my .02 on helping people with information on becoming a fugitive from the law.

However if your friend does not have a criminal record and is not considered a security threat, ICE has bigger fish to fry. At least it was that way in the past. It is not so certain now. Any people giving your friend shelter could be facing criminal penalties for harboring a fugitive, and if they are not in legal status, they could be facing the same fate as your friend if I.C.E. comes knocking at his door, wherever that door may be, since harboring someone known to be undocumented may be considered a crime of moral turpitude.

Aside from an unlawful presence bar, your friend is also disqualified from getting any immigration benefit (save for certain exceptions, such as asylum and related humanitarian relief, and certain VAWA benefits.) for five years, and this period is unwaivable. ( INA § 212(a)(6)(B)".

[JMRJ]

Another tip from Laurel Scott:

If you receive a notice to go show up in court for a Master Calendar Hearing, then go. Be sure to go extra early as there is often a long line to get in. At this hearing, if you show up without an attorney, they will give you a list of non-profits that do immigration law and they'll set a new date for you to come back with an attorney. It is unlikely that they will detain you as you have just proven that they can count on you to show up in court. So, you really have nothing to lose by going. After you leave court, call the non-profits that very same day to try to set up an appointment. Sometimes, aliens have relief available to them that they are unaware of. If you do not show up for court, you will be ordered deported in your absense and that's the end of that!

[losguerra]

If he has an American fiance, they should be filing the I-129 petition for alien fiance! Then no matter what happens, their process has begun, although he'll definitely need a waiver (I-601) for unlawful presence, plus an I-212 to cure the immigration proceedings he's under. And he WILL have to leave the country. But at least he'll have a hope of being back in the US eventually.

If he runs from the law/hides, it's only a matter of time before a simple traffic violation or other everyday occurrence could interrupt his plan. Not a good plan in the long run. He still has options within the law, he needs to take them.

[nsoto]

I'd becareful about the brother lying for him. I mean if he gets caught, he can get in seriously in trouble.

[JMRJ]

She had an answer from awhile ago. But the more that the court date is fast approaching, they still could not decide what to do.

http://immigrate2us.net/forum/showthread.php?t=6867