FREQUENTLY ASKED QUESTIONS

The first 24 hours following a person’s being taken into immigration custody are pivotal for taking action. During this time, the individual is processed by ICE (Immigration and Customs Enforcement) and transferred to a detention facility, assuming they are kept in custody. What is most troubling about this process is that individuals are often transferred far from their homes and families. They may not have even been able to notify anyone about their situation until days — sometimes weeks — after being moved. There are, however, steps that can be taken to keep a detained individual close to home.

Following an ICE detention, contact the Deportation Officer who is handling that person’s case. Opening up a dialogue with the Deportation Officer can be a vital step in keeping your friend or loved one close to home where they can most effectively fight their case.

Being named as a defendant in a criminal prosecution is a serious matter no matter who you are, but the potential consequences for a non-citizen — even green card holders — are especially devastating. A conviction for an even minor non- criminal offense can have severe consequences for a non-citizen, including deportation from the United States.

The first thing you should do following an arrest for a criminal charge is consult with an attorney who is familiar with the immigration laws of the United States and how those laws can impact the consequences of a person’s criminal arrest.

When a non-citizen is arrested on a criminal case, it is possible that immigration authorities will issue an immigration detainer. An immigration detainer orders that the local jail keeps the individual detained for 48 hours after their release so that immigration can transfer them into immigration custody. Immigration cannot take anyone in criminal custody until either bail is posted, or, if the person is serving a sentence, the sentence is complete.

If your friend or loved one is held on bail and has an immigration detainer, it is important that you do not post bail until you have an experienced lawyer look into the reasons behind the detainer. Once bail is posted on the criminal case, immigration authorities will take that person into custody. If the person is not eligible to be released, they could be transferred to an immigration detention facility anywhere in the country.

There are a number of ways to get a green card, the two most common being through a family member or job. A common misconception, however, is that any family member or employer can sponsor you for a green card. You must prove to immigration authorities that you have a relationship with a qualifying family member or a job that can sponsor you for a green card.

While applying through a family member or job is the most common way to apply for a green card, it is not the only way. There are many other programs available, each having their own set of eligibility requirements.

Determining whether you meet the eligibility requirements for a specific green card program is only half the battle. Other factors that can affect your ability to obtain one include whether you have a criminal history, how you entered the U.S., (assuming you are applying for one while living in the U.S.) and your financial means.

The Immigration and Nationality Act provides a number of work-related visas, each designed for a specific purpose and with its own specific eligibility requirements. Furthermore, some visas are exclusive to only those from certain areas of the world.

Whether you are eligible for a particular work visa depends on your prior work history, education, and particular skill set, among other things. Because the procedures and documentation required to secure a visa can be complicated and burdensome, the assistance of an experienced immigration attorney can help simplify the process and provide a better chance of visa approval.