What is the likelihood that someone will be allowed to stay in the US after being picked up by ICE? 6 Answers as of February 01, 2011

My daughter's 28 year old boyfriend was just picked up by ICE for not being in school. He is here on a student Visa getting his masters but ran out of tuition money and has not attended school for almost 12 months. My daughter is of courses distraught. She will be bailing him out tomorrow. I am trying to give her some hope that all will be ok. He has a hearing in 30 days. What is the likelihood that he will be allowed to stay in the USA?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
By not attending school he is out of status and deportable. He should obtain counsel ASAP who can discuss possible voluntary departure and represent him in court proceedings. If your daughter and her boyfriend are ready to get married that would most likely allow him to stay and she can petition for his permanent residency (green card); but I would never recommend she marry unless she is ready and sure this is what they want to do. Any marriage after deportation proceedings have commenced will be scrutinized carefully to make sure it is being done in good faith. We would be happy to represent him or advise the couple if you wish to consult with me. Contact me as indicated below.
Answer Applies to: California
Replied: 2/1/2011
Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
There again are options. One of course is for your daughter to marry him as long as she is not doing it to circumvent the immigration laws. Please hire a professional to assist you.
Answer Applies to: Florida
Replied: 1/26/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
He's very likely to be deported. It is a serious offense that he remained in the USA after the student visa expired, it is "unlawful presence" of twelve months.

Tell your daughter to save the bail money to hire a lawyer. He will need one.

Frankly, if this were my daughter, I would stay out of it and let her be the adult.
Answer Applies to: Washington
Replied: 1/25/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If he has approvable petition and no other criminal charges that involves moral turpitudes, the judge will have discretion to let him stay. Hire a lawyer now!
Answer Applies to: Florida
Replied: 1/25/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Since he violated her F1 status he cannot change to another non-immigrant status. Also, since he did not attend school for 12 months its unlikely that USCIS would agree to re-instate his F1 status. The only way he could be able to remain in the U.S. is he and your daughter (who I assume is a citizen) get married. If that occurs she can petition him, and if approved he can file for adjustment of status before the immigration judge. However, the marriage must be bona fide and not entered into merely for immigration purposes.
Answer Applies to: California
Replied: 1/25/2011
    The Vega Law Firm
    The Vega Law Firm | Linda Vega
    Where was he picked up. It is important that he not admit to anything until he speaks to an attorney. If your daughter wants to help him, please have her look for an attorney immediately.
    Answer Applies to: Texas
    Replied: 1/25/2011
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