Legal Question in Immigration Law in Maryland

Grace period for submitting documents to the court

Situation:

John Doe is a Russian citizen married (second marriage) to Jane Doe, American Citizen. John walks over to his local INS office to get information on his application for a green card, where he is aprehended. Turns out INS made two files for John - old file that tells them he should've been out of the country 3 years ago, and the NEW file which only has information on his current application.

Four months go by - John is still in jail. Appointed judge is yet to receive the documents he requested from INS. INS cannot or is not willing to supply the documents requested.

Question: Does John have to stay in jail awaiting trial until INS submits all documents (however long it takes), or is there a grace period after which he may be released. If yes, what is that period.


Asked on 3/21/02, 2:34 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Grace period for submitting documents to the court

This question is very unclear: has it been 3 years since he was ordered removed from the U.S. (by another immigration judge) or 3 years since he became out-of-status? You need to specify. If the latter, then there's no reason why he should be detained by INS unless he has a criminal record here. Does he?

Liem Doan, Esq.

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Answered on 3/22/02, 1:10 am


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