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Vans (Engineer)     06 May 2014

Chances of deportation using arrest warrant

Hell everyone,

I would to thank everyone for their timely advises in the past. My wife filed a false 498A case on me in 2012 and charge sheet was filed in the Mahila court. I haven't appeared for the first two sessions, now the Megistrate ordered an arrest warrant and provided the same to American consulate in India. I am not sure how my wife got hold of a copy but she forwarded the same copy to Indian Embassy asking to deport me. Now the local Embassy forwarded a request to  Washington Embassy to help her (in a sense, deport me). She forwarded the same email to my employer asking me to be expelled.

The questions I have is:

- Will the American consulate expel me?

- My lawyer is currently working on my AB, can I use the same documentation if I have to face the deporting officials? (I filed AB previously and she cried & begged in front of the judge to get it rejected. It got rejected)

- Will Indian embassy be able to deport me or help the American government or process of deportation?

 

Please advise, she is making my life a big mess.

 

Thank you in anticipation.

Van



Learning

 5 Replies

Solomon Raju (Advocate High Court of A.P.)     06 May 2014

In general deportation will not be done from US....The offence is in India and though they have forwarded a letter to US, you contest that you are innocent of that offence...Hardly your employer might seek an explanation for this, not more than....To my knowledge, this cannot be done for such small issue....

dv (ghvhb)     06 May 2014

Dude ....deportation does not happen in 498a For.deportation the offence has to be recognized by both countries and they have to prove you as accused. In indian yiu are labelled as accused before trial and overseas INNOCENT UNTIL PROVEN GUILTY

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 May 2014

You may fight deportation in the country from where you are at risk to be deported. However, yu should seek Bail and get fighting the case on merits. No one can run away from the cases forever. Regards, Shonee Kapoor www.shoneekapoor.com Handphone: +91-8010850498 Facebook: www.facebook.com/shoneekapoor twitter.com/shoneekapoor Yahoogroups: https://groups.yahoo.com/group/sahodar If you don't fight for what you want, don't cry for what you LOST.
1 Like

srk (Service)     06 May 2014

Vans,

Brother dont worry,  Deportation is not possible, the same thing happened to me i have received received letter from Indian embassy in NY,  since this happened i have applied for extension twice and it was approved without any issue, and also applied for PERM labor, just try to reply to the Embassy explaining the situation, you can email me at no498a@gmail.com so that we can exchange phone number and talk, dont be tensed, i will let you know what i have done in my case, hope that will help.

Regards

Raj

Sudhir Kumar, Advocate (Advocate)     03 October 2014

I am not able to agree or disagree with views that "Hardly your employer might seek an explanation for this, not more than..." terms of employment are relevant.


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