Legal Question in Immigration Law in Pennsylvania

IS there any chance for my brother at all to stay in this country

My brother who is 22 was arrested by the immigration officers and is currently detained in jail. This happened over the weekend so not much can be done until tomorrow. The situation is this, he is here on F- visa and apparently took a year for a reason that is only known to him. He wasn't even planning to enroll this spring but we've been able to enroll him. I want to know what his chances are giving that his grand parents are citizens, I just became a green card holder, he's been in ann out of the United States since he was about 11 years old and really no one knows why he took the year off. Hi smother works and has worked for the US Peace corps for over 20 years and she too comes in and out of the country frequently. Again we've managed to register him in school but is this is a little too late? Is there chance of him getting out of jail at least on bond? We'll be meeting with Attorneys tomorrow but we'd like to get a general idea on what to do as we really have no idea. Any suggestions, help will be very much appreciated!

Asked on 1/25/09, 11:38 am

2 Answers from Attorneys

Michael Kuldiner Law Offices of Michael Kuldiner, P.C.

Re: IS there any chance for my brother at all to stay in this country

he may be eligible for a bon/custody hearing. What is the status of his parents? Please contact us with more details.

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Answered on 1/25/09, 12:12 pm

Isabella Mayzel, Esq. Law Offices of Isabella Mayzel

Re: IS there any chance for my brother at all to stay in this country

This is a typical situation with the students. If a student does not attend school for 30 days, the school reports non-attendance to SEVIS who, in turn, reports the unlawful presence to USICE for further processing. Your question has an essential discrepancy: whether he is enrolled for spring or not. If he is, the documents shall be presented to the deportation officer and then to the Immigration Judge so that the proceedings are terminate and he is released. If he is not enrolled, then at the bond hearing, he has to demonstrate the ties to the U.S., that he is not a flight risk and eligibility for some possible relief. You definitely need an attorney and should act fast.

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Answered on 1/25/09, 10:14 pm

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