Legal Question in Immigration Law in New York

Detainee wants to leave country

My newphew is in detention in Batavia. He came on a student visa and was late submitting his tuition fee. He got out on bond and got an attorney. Attorney took money but produced no result. He was recently picked up by ICE. He now wants to leave the country on his own expense. Can he file for voluntrary departure?

Asked on 2/09/09, 1:01 am

1 Answer from Attorneys

Rahul Manchanda, Esq. Manchanda Law Offices & Associates PLLC
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Re: Detainee wants to leave country

This is the kind of situation that makes a good Immigration/Deportation Defense/Removal Defense Attorney deeply upset.

Here is a student, who comes to the United States in good faith to pursue an education at an institution of Higher Learning, and simply because he runs into financial problems, with the way the Immigration and Customs Enforcement ("ICE") and Department of Homeland Security ("DHS") are now in bed with the schools, can actually cause this poor student to wind up arrested and in jail.

Most certainly, this student can sign up for Voluntary Departure and leave the United States quickly, but what about fighting back?

In my opinion this student, if he can demonstrate that he paid his tuition in full, and wants to go back to school, should Petition for an Immigration Bond, ask for a closing of this nonsensical Court Proceeding against him by the Immigration Judge, re-enroll in school, and get on with his/her life.

This is a dark period in American history, when even foreign students are being incarcerated for merely missing a few classes or finding themselves in financial difficulty, as so many college kids are apt to find themselves in.

Now, since technically an F-1 Visa Student is violating his status by not going to all classes for whatever reason (either justified or not) or is unable to pay his/her tuition, jail and deportation are very real possibilities.

Please call our law office to speak to one of our seasoned, skilled, and compassionate Immigration/Deportation Defense Attorneys who will outline in detail what can be done, what needs to be done, and what should be done.

RDM

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2/09/09, 1:44 am

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