Legal Question in Immigration Law in California

Re: Fear of going to the police?

The police can ask questions about immigration status, depending on where you are. This is a matter of local or state law, not national immigration law. Sometimes when a person reports suspicious behavior, they can become the target of investigation and if there is probable cause to link that person to a crime, prosecution and conviction could follow. One question they might ask is why was there a wait of one year before a missing person was reported? Normally, such are reported much sooner to the time the person goes missing.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

Re: Fear of going to the police?

Yes, you will still be facing deportation since you did not seek permission from USCIS to extend your stay, even if the reason for your overstay is legitimate and sympathetic And, no, the local police does not deal with immigration matter. It's U.S. Citizenship & Immigration Services in the Department of Homeland Security (used to be INS). If they do get around to you, you'll receive a Notice to Appear in Immigration Court at your address to go to deportation proceedings (now called removal). On the other hand, you may not receive anything and be living "in the shadows" in the U.S. like millions of other illegals.

If you leave the U.S. now, that's fine, but you will have a problem next time when applying for another visa to come to the U.S. explaining why you overstayed and if you can't, the consulate will deny the visa.

Larry L. Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.