BBM,
My understanding is that local LE
can 'check' immigration status but I think it could only be acted upon on a federal level, e.g. ICE. Hopefully someone will correct me if I'm wrong but that's my take. Allowing LE to check immigration status is a relatively new process though according to this link:
http://www.nationaldefensemagazine....kDetainees’ImmigrationStatusCausesConcer.aspx
Just wanted to add though if he did apply for a green card the charges against him could easily have warranted a denial and probably would have done. As Nancy pointed out the paperwork and cost involved is enormous. Now, I moved from the States to the UK so there is some difference but just to give everyone an idea what should be involved when removing children from their native country:
- I had to undergo a 6 month long GAL investigation and half a dozen court proceedings requesting permission to remove my children from the country despite me having sole legal and physical custody.
- Passports for three - roughly $450 - had to submit affidavit and court docs to receive kids passports (and apply in person) due to fathers refusal to sign.
- Roughly $1000 to secure 6 month visas, $2000 airfare, $2500 for spousal (2 year limited residency) visas, and about $4000 to have our belongings shipped from the States.
- Had to travel to the UK prior to relocation to 'study' schools, crime rates, etc, document, and submit to the court. Had to go through a background check and submit six months of bank statements and my husband who sponsored us had to do the same and prove he owned our home. I can't stress enough (especially with Nancy helping out!) what a grueling, invasive process it all is.
Sorry if O/T but IMO because I was removing two minor children from the States I was duty bound to do whatever the US courts and UKBA requested of me...and it infuriates me that all the safeguards that should protect children from this type of scenario seemingly fell through. Simply put, Zahra should not have been allowed to leave Oz...and I believe had she not none of us would be discussing her now.