juror Subpoena failure to respond: pls advice

[gigant 0]

Hi,

My girlfriend has a visa expired for about 7 years; she come here with working visa as caregiver and overstayed.

She ignored twice a letter from jury to appear in jury. She listened to the worng advice and ignored two letters.

:

Now she received a letter from Queens Ny Court "juror subpoena failure to respond"; the letter has instructions to

appear in Court and has questions on it such has:

- are you a US citizen?

- do you have a visa/green card?

now she is concerened what happens if she goes to court: will she be asked her immigration status?

I really appreciate your help and advice.

[Autumnal 25]

Your girlfriend has two separate issues here: her status is in limbo/illegal, and she has been asked to sit on a jury.

One: From the description you've given, your girlfriend has no legal status in the US. She is not a green card holder, is she? If that's the case, your first stop needs to be a competent immigration lawyer who can start disentangling her status. This is actually the wrong forum; I assume she needs to establish her permanent residency first.

Two: Only US citizens can sit on a jury. If she is not a USC, then she cannot participate in the process and attempting to do so is a very good way to raise red flags with USCIS. Under no circumstances should she be a juror, though she will probably have to explain her current status. I assume they will.

[gigant 0]

Your girlfriend has two separate issues here: her status is in limbo/illegal, and she has been asked to sit on a jury.

One: From the description you've given, your girlfriend has no legal status in the US. She is not a green card holder, is she? If that's the case, your first stop needs to be a competent immigration lawyer who can start disentangling her status. This is actually the wrong forum; I assume she needs to establish her permanent residency first.

Two: Only US citizens can sit on a jury. If she is not a USC, then she cannot participate in the process and attempting to do so is a very good way to raise red flags with USCIS. Under no circumstances should she be a juror, though she will probably have to explain her current status. I assume they will.

hi autumnal,

she dont have a green card yet. why would they send a letter to a non us?? if she explains her status, what is likely to happen?

this is a jury matter not an immigration matter correct?

[menina 50]

The sometimes send letters to non-US citizens because they get their information from the DMV database and assume that everyone with a DL is US citizen. She should have sent back both jury summons with the box marked "I am not a US Citizen." I agree that she will have a problem when she appears in court and is asked to show her immigration documentation. She is already 7 years in overstay (according to your post). She definitely needs a lawyer. Good luck!

Edited May 13, 2013 by menina

[Autumnal 25]

Gigant, your girlfriend has both court and immigration matters. She does not have a green card, therefore she cannot serve on a jury and could be deported. It may not be in her best interests to ignore the jury summons because I think that might be grounds for another notice, and the court can figure out quite quickly she is not a citizen/visa-holder.

Talking to a lawyer is the best route for her. She needs to have representation and advice from a qualified legal expert. They can offer direction on how to proceed.

[English Muffin 59]

Anyone can be called for jury duty, not just US citizens. If you do get called and you're not a US citizen you need to inform the court that do not qualify for jury duty. What you can't do is ignore the summons, which your girlfriend appears to have done.

Having said that I have no idea what will happen to her regarding her immgration status at her court hearing. Does she have a lawyer?

[NickD 203]

From what you say, she has been caught. typical thing to do is to assume a new alias, get forged papers and move far away. If she became pregnant and had a baby here that is a US citizen by birth, would let her stay. In Wisconsin, could get a job working for a corporation farm, as long as they have 3 or less non-documented persons working, they don't bother them. But they do work their cans off at very low pay.

But if single and say caught in a traffic violation, they do get deported. If she came here on a work visa, how come she didn't renew it? Now, this is all water under the bridge. Not sure what an attorney can do, she already broke the law. Can work around that if she was super rich, but doubt that is the case. Around here, they sit in a county jail ofr two three months, then two big guys come and excort them out of the country, and all of their personal posessions are taken away, except for the shirt on you back.

[Triniiphone 3]

Sorry to say, but your girlfriend may be deported.

[JohnR! 5,495]

Hi,

My girlfriend has a visa expired for about 7 years; she come here with working visa as caregiver and overstayed.

She ignored twice a letter from jury to appear in jury. She listened to the worng advice and ignored two letters.

:

Now she received a letter from Queens Ny Court "juror subpoena failure to respond"; the letter has instructions to

appear in Court and has questions on it such has:

- are you a US citizen?

- do you have a visa/green card?

now she is concerened what happens if she goes to court: will she be asked her immigration status?

I really appreciate your help and advice.

She will be asked her immigration status, and she can tell them that she does not qualify for jury duty for she is not a US citizen. She may be questioned about her status as well, although civil courts have no jurisdictin over immigration. Hopefully she lives in a state that understands how the US Constitution works, and not in Arizona...

Edited May 13, 2013 by Gegel

[gigant 0]

She will be asked her immigration status, and she can tell them that she does not qualify for jury duty for she is not a US citizen. She may be questioned about her status as well, although civil courts have no jurisdictin over immigration. Hopefully she lives in a state that understands how the US Constitution works, and not in Arizona...

this is inhuman!!! she has been working here and paid taxes for a decade. does she deserves to be deported because of a jury duty mistake?

dont make me scream!

what can i do to help her?

[menina 50]

She isn't being deported for a jury duty mistake. She will be deported for being in the countey illegally by overstaying her visa.

[Asia 2,498]

this is inhuman!!! she has been working here and paid taxes for a decade. does she deserves to be deported because of a jury duty mistake?

Inhuman?

Excuse me, but she came to the US on a visa and didn't leave when she was supposed to do.

She stayed illegaly. She broke the law.

I guess that's enough to be deported.

[gigant 0]

Inhuman?

Excuse me, but she came to the US on a visa and didn't leave when she was supposed to do.

She stayed illegaly. She broke the law.

I guess that's enough to be deported.

no that is not enough.

there are millions of illegal immigrants that did not even have a visa when they entered and never paid a dime in

taxes.

She had a visa when she entered. deportation must be enforced by an immigration judge, not a civil court.

but whatever...thank you for your feedback! i just wanted to get a feeling on how nad was the situation.

a Counseler today said, the jury court could not care less of her immigration status and will not bother.

i hope she will be fine

[kzielu 1,149]

this is inhuman!!! she has been working here and paid taxes for a decade.

Did she ever say she was a US citizen anywhere for these past 10 years ?

[Boiler 45,545]

She is certainly deportable, but them so are many many others.