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I am writing you from Germany. My sister is imprisoned since…

Customer Question
Hello. I am writing...

Hello. I am writing you from Germany. My sister is imprisoned since last week. She has to be in jail at least 40 days, then here charges are being dropped. The problem is: she is not allowed to stay in the USA. Here greencard expired a long time ago. I want to know what will be the next steps after prison.

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

No not yet. Can you tell me about that organization?

Lawyer's Assistant: Have you talked to a lawyer yet?

Also not. I just received the information that she is imprisoned yesterday.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. Nothing else

Submitted: 7 months ago.Category: Immigration Law
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Answered in 2 minutes by:
10/3/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,452
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

Hello-- please answer this first. Where is your sister being imprisoned?

When did her green card expire?

How do you know she is not allowed to stay in the US?

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Customer reply replied 7 months ago
My sister is imprisoned in the Madison County TX Jail. I don’t know the exact date, but I know that her greencard expired over 2 years ago. She is an illegal immegrant now. Once she was married. But she got divorced. And she has no job. And now she came into conflict with the law.
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

Ok, thank you. Do you know if she had 10 year green card or 2 year? When did she get it?

Do you know what she is in jail for now?

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Customer reply replied 7 months ago
She had a 2 year greencard, as far as I know. We didn’t have so much contact in the last years. I am in contact with a friend of her since yesterday. My sister got charged for 1) false information to a police officer
2) assault on a police officer
3) resisting arrest
4) public intoxication
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

Well, just so you are aware, just because her green card expired does not make her an illegal immigrant. She can still try to apply for a 10 year green card based on divorce once she is out of jail. Depending on what she is convicted of, she may not be able to get her green card. The assault on a police officer can be an issue.

She will likely be put into immigration court proceedings once she is removed from criminal jail. There is no way to know for sure until she is released. At that point if she is, then she will need an immigration attorney to defend her and try to prevent her from getting deported if she wants to stay in the US. She can try to fight. If she doesn't want to, she may be able to ask for a voluntary departure from the US or she can accept a deportation order. She will get deported to her country of citizenship.

Good luck to you and I hope this answer has helped you!

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