What happens when someone is arrested with an Expired Visa? 2 Answers as of May 19, 2011

My girlfriend has been arrested for retail theft. She has overstayed on her visa by roughly a year, which caused her arrest. After the police had been called due to the theft, ICE showed up and she was arrested. She has had one prior visa to the US that she kept to the expiration date, and a visa to Turkey she also kept. So I have a few questions: 1) Will she be deported? 2) Is there anything I can do to help her? 3) What exactly is the offense RETAIL THEFT-TAKE MDSE? 4) She has achieved a masters degree in the Ukraine and was looking to get a degree here, how will this effect such a plan? 5) Why is her bond for a non-felony over $30,000?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
If your girlfriend gets out and marries a U.S. citizen she can adjust her status. If you are seeking legal counsel, contact me. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect. Please call me. We offer payment plans with no interest.
Answer Applies to: New York
Replied: 5/19/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
With all respect, you are not going to get the answers you need by an email answer. Make a consultation NOW with a competent immigration attorney in your area whose focus is removal/criminal immigration law. That person will be able to evaluate your case to the clarity that you need and also can immediately contact ICE to try to stay deportation if that is occurring now. I wish you the best of luck.
Answer Applies to: California
Replied: 5/13/2011
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