http://www.sajha.com/sajha/html/openthread.cfm?threadid=85141

Hey guys!! one of my friend is going through very difficult situation right now. Any helpful information could be a great help.

What happened is, my friend was busted while selling cigarette to a minor. He was given a ticket and later he paid off that ticket and the matter was solved. Nothing really happened after that. But due to some unfortunate circumstance, he had to travel back Nepal. While returning back, an immigration officer discovered about his violation and told him that he was not suppose to work since he was on F1 status. Then on the spot he canceled his visa and handed him the doportation notice. They arranged him to send him back to Nepal within 48 hr. But my friend then filed an asylum on the same port of entry. He didn't had any other choice. Then according to the latest information, he is behind the bar in some county of Chicago for further investigation. We somehow established a way to communicate with him. Its been there days and we are like sitting ducks right now. We been talking with him for couple of time in a day. Even he doesn't have any clue whats going to happen with him.

What can we do in this situation to get him out of this mess? Do we have to hire a lawyer? What can happen to him? Does anybody heard about such situation happening to anybody? We are very confused and worried right now. Please someone share some information regarding this. Right now every second counts.

boulevard dreams

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Posted on 10-03-10 1:11 AM [Snapshot: 9] Reply

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Haven't been through this situation and haven't heard about situation either. In a city where i live, i have heard about Ken Boyer Bail Bonds a lot. Don't know much about this guy named Ken Boyer but have seen lots of Ads, also i guess this is nationwide. So google Ken Boyer in your city and ask them if they can help. Sorry for your friend. Good luck..

terobaaje

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Posted on 10-03-10 1:17 AM [Snapshot: 37] Reply

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Get your friend a good Immigration lawyer QUICK.

black_panther

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Posted on 10-03-10 1:38 AM [Snapshot: 62] Reply

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- Get an attorney - ASAP

- Following is what I could quickly scrap from the web.

"""""""

- Please remember that it is important that you are barred from accepting any off-campus or practical training employment unless and until you receive authorization by the designated school official on your I-201D or a Form I-688B from INS. If you are found working without permission, you are subject to deportation.

Source:

http://immigration-usa.com/students.html#School%20Transfers%20for%20F-1%20Students

""""""""

- Customs & Border Patrol (CBP) can bar someone to enter US without allowing Judicial Review.

- Could result in 5 year deportation order on record.

- In such cases USCIS can grant special wavier.

Source:

"US immigration made easy"

By Ilona M. Bray, Jeptha Evans, Ruby Lieberman

Page 503

http://books.google.com/books?id=8vNnXnJChsoC&lpg=PA503&ots=bEKKd6lEq3&dq=deportation%20notice%20F1%20student&pg=PA503#v=onepage&q&f=false

""""""""

Another option:

- Contact his/her University's International Student's Office (they should help in emergencies)

Last edited: 03-Oct-10 01:44 AM

furke

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Posted on 10-03-10 1:47 AM [Snapshot: 72] Reply

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Tell your friend not to sign any papers. If the officials try to force, tell them you will talk to your lawyer first. Once you sign, they will deport you immediately. Hire a deportation defense lawyer asap. A minor fault will determine whether he will walk in ktm streets or US street tomorrow.
Your friend should have told the officer he worked under CPT or after dso approval for economic hardship and these officials at POE let go many times. I would say it was mere bad luck of your friend that day at POE. Many who sell beer to minor are coming with no hassles. Anyway, good luck to your fren.

furke

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Posted on 10-03-10 1:48 AM [Snapshot: 104] Reply

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Did they set any bond for your friends release? If so, get a money order and release him before the immigration police reach the jail.

furke

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Posted on 10-03-10 1:59 AM [Snapshot: 126] Reply

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What was his port of entry so that we can avoid that?

rockey07

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Posted on 10-03-10 2:29 AM [Snapshot: 171] Reply

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Thanks guys for the quick response.

@furke- Right now we are in complete dark. No one is saying any thing. May be we will know something by Monday. Any way the POE was Chicago Airport.

rockey07

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Posted on 10-03-10 2:34 AM [Snapshot: 177] Reply

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We tried to hire some nepali lawyer but his rate was pretty scary. He said that his charge is 7k. I know that no one works for free but isnt that too much to ask from a nepali student being himself a nepali?

furke

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Posted on 10-03-10 3:07 AM [Snapshot: 214] Reply

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There is no difference between that lawyer and the Indian doctor who cut a nepali man's stomach and took out the intestine just because he couldn't pay the medical bills. How can a student afford 7k? Keep looking for some other affordable lawyers. Pay on installments, first one not to exceed $500 and pay by check or credit card coz a lot of them are crooks. Keep us updated.

furke

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Posted on 10-03-10 3:19 AM [Snapshot: 223] Reply

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They cannot keep anybody in county jail for more than 48 hours without any offense. Either they have to release him or file charges. And again file charges for what? A consolidated offense? If they have filed charges they you should be release him on bail. This case is so vague. I he does not match the description of a suspect from another crime.
That's why I don't like the us laws and penal system. A normal law abiding citizen may be violating law and himself unknown about it. And it is only a nick of time that he is behind the bars forever. Where is santosh giri? Sir, we need you now. Please make us understand what's going on?

kailo

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Posted on 10-03-10 9:50 AM [Snapshot: 452] Reply

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hi rockey07,

as far as i know, not all of what is being said by folks above is true. but lot of it, is.

what is not true:
- in matters of asylum claims at POE, there is no such thing as 48 hours or 48 months. they can be detained indefinitely.

-- the only agency you can rely on at this time is http://www.humanrightsfirst.org/index.aspx. they normally do it for free but because your friend is in deep shit for breaking the law, i am not sure how they will take this particular case

-- although i hate to say this, any and all asylum claims at POE in the US are automatically sent to a detention center as it is treated as an "illegal entry."

best line of action:
-- have a lawyer (let this be from human rights first....they have pro bono lawyers (for free) as i told u above)
-- have the lawyer talk to the authorities that your friend will apologize, that it was a mistake, that he did work in CPT/OPT that he be given a chance to complete studies, and that he will not commit that kind of mistake again. remember only the lawyer should say this on your friend's behalf, not your friend as whatever he says will be used against him! have the lawyer work in collaboration with your friend's school authorities!

good luck!

Bhojpure01

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Posted on 10-03-10 10:04 AM [Snapshot: 612] Reply

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Sorry to hear, many of us think as long as we are in F1 status we are fine.
Please; look your work and situation, do not visit home unless real emergency.

source:

http://www.sajha.com/sajha/html/openthread.cfm?threadid=85141

Eternal Bliss

Sunday, October 3, 2010

Nepali Deported

"US immigration made easy"

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