There are cases of people working here in the US with a tourist visa/status.
Does ICE deport you right away if they get a tip of this situation?
The visa would likely be revoked. There may also be a charge of immigration fraud that would require waiver in any future visa application. Finally, anyone without legal status is subject to deportation.
First, ICE will arrest them.
Second, the immigration judge and/or ICE attorney will offer them voluntary departure.
Third, if the person doesn't take the VD offer, they'll have a trial and most likely be 'removed' (aka: deported).
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
They will likely be arrested by ICE, taken to an ICE detention center and await to see the judge who will be happy to order their deportation, which will occur within another 2-3 months of detention center hospitality.
They will not qualify for any "Voluntary Departure" unless have been in the USA for at least a year AND can fulfill the "good moral character" requirement, among two other requirements - which of course they will not be able to.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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