Will be deported right away by that judge for overstaying?

I have lived in the US for 18 years approximately. I’ve been asked to a jury summons and don’t know what to do? I came in with visa, and overstayed until now. I understand I have to show up to court but if so, when they ask for proof of citizenship I don’t have any! So my question is will be deported right away by that judge or is a 50-50 chance?
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Answered By: Law Offices of Kiran Nair
If you're not a U.S. citizen, you need to notify the court jury department that you're not US citizen. Please note that falsely claiming US citizenship especially with government agency is ground to lose visa status, and face removal/deportation from the U.S.

Answer Applies to: California
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Touchstone Law Firm, LLC
It is unlikely that the judge will care about your immigration status (at least in Maryland).

Answer Applies to: District of Columbia
Replied: 11/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Orbit Law, PLLC
If I understand your question correctly, you received a summons to serve on a jury trial correct? If this is the case, you should be able to check the box that says that you are NOT a citizen of the U.S. and return that to the court without having to physically appear in Court. Some states use Drivers License to ask people to appear for jury service so it is possible that you received the summons because the computer generated your Drivers License number. If you yourself are in criminal proceedings then the resolution may be different as certain crimes are deportable offenses, but even then, you will still have the right to appear before an Immigration Judge in Immigration Court (different from District, Municipal or Superior Court) and apply for some form of relief against deportation.

Answer Applies to: Washington
Replied: 11/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Joseph Law Firm
I would start by calling the clerk of the court and letting them know that you are not a citizen and that you are not authorized to serve on a jury. If the clerk asks you questions about your status, I would not divulge your status, other than to state that you are not a citizen. It is possible that your state law requires you to come to court to verify that you are not a citizen. You should consult with an attorney in your state to find out your legal obligations. If you are not required to be present, it is possible that the clerk will excuse you. If not, when you present yourself to the court, make sure you let the jury clerk know that you are not a citizen and that you cannot serve. Other than that, I would not divulge any information regarding your status. Any statements you make could be used against you.

Answer Applies to: Colorado
Replied: 11/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Feldman Feldman & Associates, PC
I would call the Jury Commissioner and advise that you are not a permanent resident or citizen and should not be on the Jury summons list.

Answer Applies to: California
Replied: 11/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of David L. Smith
On your Jury Summons, there is a spot to put "You are not a citizen" and return it to the court.

Answer Applies to: California
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Perez Immigration Law Firm
You will not be deported by a judge in a state court. They just will not let you serve as a juror.

Answer Applies to: Tennessee
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office Kevin L.Dixler
More information is needed. If this is not immigration court, then the judge cannot order you to leave. Even if you were in immigration court, you can ask for time to get an attorney or additional time to take care of personal matters.

Answer Applies to: Illinois
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Fisher
You should be able to contact the clerk of court and explain that you are not a US citizen by phone and they may require you to mail something in.

Answer Applies to: Colorado
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Grinberg and Segal
Typically, a jury duty summons does not result in a deportation. The worst that could happen is you are placed in removal proceeding where you can ask the Immigration Court to allow you to stay based upon your unique facts. Jury summons have to do with civil or criminal courts not affiliated with the Immigration Court. You may want to try and contact the clerk and explain the situation. Usually, you can avoid even having to show up in connection with the jury summons. It is very important you are honest about your status as claiming to be a U.S. citizen can cause adverse factors.

Answer Applies to: New York
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Kristy Qiu
You will be deported right away and incur a 10 bar from applying for any kind of process to come back, unless you can show special circumstances (extremely hard). You're better off leaving voluntarily then find a way to come back, at least that way you won't incur a 10 year bar.

Answer Applies to: Florida
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Christian Schmidt, Attorney at Law
You do not need to appear for jury duty. Mail back the summons notice indicating that you are not a U.S. citizen. In addition, only an immigration judge can order your deportation.

Answer Applies to: California
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Kenneth Wincorn P.C.
You are not qualified to be on a jury. Never claim citizenship if you are not one.

Answer Applies to: Texas
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Fong & Associates
If you received a jury summons, you should be able to note that you are not eligible to serve on the jury as a non-US national. Please check with an attorney in your state.

Answer Applies to: Texas
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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