Have you or your loved one been picked up by ICE? Are you or your loved one detained by ICE? Are you or your loved one in removal proceedings? If you or a loved one are facing deportation, here are some of the things you need to know.
Where is my loved one?
If a loved one is detained, sometimes the first issue is, where is he or she? Ice detains people at various detention facilities, so sometimes it is difficult for the family to even know where he or she is.
In order to figure out where someone is detained by ICE, you can consult the following website:
https://locator.ice.gov/odls/#/index
You will need to know your loved one’s full name, country of birth and date of birth. Sometimes ICE is using a different form of your loved one’s name, so you will need to play around with the loved one’s name to see if you can figure out how ICE has his or her name. For example, the name might be spelled slightly wrong; ICE might be using the second last name or ICE might have added a hyphen between the person’s two last names.
You can also look for the loved one based on his or her A number. If your family member calls you, be sure to ask him for his A number. Write it down and don’t lose it! This is the best way to check the ICE locator. If your loved one is detained for any length of time, ICE might move him to another location and you can plug the person’s A number into the ICE locator to determine the person’s location.
Has ICE issued my loved one a bond?
If your loved one calls you, ASK him or her if ICE issued bond. If ICE issues bond, if at all possible, PAY IT! The chances of winning a removal case go up substantially if the person is OUTSIDE of detention (jail). When a person is detained, it is much more difficult to prepare a case and win it. If the person is outside, the removal proceedings will proceed much more slowly, sometimes taking many years. If the person is detained, the system wants to deport the person as quickly as possible because it costs the government money to detain people.
Has ICE deported my loved one previously?
If your loved one has been previously deported, ICE will most likely reinstate the removal order and deport him to his home country as soon as possible.
If your loved one has been previously deported and is afraid to return home, it is extremely important that your loved one tells an ICE officer that he is afraid to return home. If the loved one expresses fear of returning home, ICE is obligated by law to arrange for the person to be interviewed by an asylum officer. While this route is difficult to win and it is imperative that you find a reputable immigration attorney, this can slow the deportation process down, which can allow your attorney to work on filing another form of relief. For example, your loved one might qualify to apply for a U visa because he or she has been the victim of a crime. If your loved one has been the victim of a crime, be sure to tell the consulting attorney.
ICE issued bond, but I am not able to pay it because it is too high or ICE didn’t issue bond
Your attorney might determine that it is wise to request a bond hearing, where the judge might grant bond or lower the bond. The bond process has gotten much more difficult with the Trump Administration, so judges are looking for a very well documented bond request. Sometimes immigration attorneys will agree to represent someone in ONLY the bond process. This process moves quickly, so it might make sense to only hire the attorney for bond, so you have time to explore your options as to who you would like to be your attorney and what possible forms of relief you may have.
Do I or my loved one qualify for any forms of relief?
It may be that you qualify for one or more of the following forms of relief:
- Cancellation of Removal – This is a difficult application to win, but it can get you a work permit while it is pending and it can slow down your deportation proceedings significantly.
- You must have been physically present continuously in the United States for at least 10 years;
- You are a person of good moral character;
- You must not have been convicted of certain crimes;
- You must show that it would cause your US Citizen or Lawful Permanent Resident spouse or child exceptional and extremely unusual hardship if you were deported.
It is extremely important to consult with a reputable immigration attorney if you think you might qualify for Cancellation of Removal.
- Political asylum – You fear or you have experienced persecution in your home country based on your race, religion, nationality, membership in a particular social group or political opinion. Again, it is imperative that you consult with a reputable immigration attorney if you think you might have any asylum case.
- Adjustment of Status – Some people might have avenues to apply for relief based on their relationship with a family member. For example, you might be the spouse of US citizen or Lawful Permanent Resident or you might have a parent or a child who is a US Citizen or Lawful Permanent Resident.
- U visa – If you have ever been the victim of a crime even if it was 20 years ago, it is extremely important to consult with an immigration attorney who has experience filing U visas.
- There are also other forms of relief, which is why it is important to consult with a reputable immigration attorney.
Occasionally someone who already has a green card is facing deportation because he or she has been accused or convicted of committing a crime. There could also be other reasons that a person who already has status is placed into removal proceedings. Again, if this is your situation, it is imperative to consult with a reputable immigration attorney who can explore your options with you.
Contact an Experienced Immigration Lawyer Today
If you are or a loved one are facing deportation, please call us at Bienvenidos Law Firm, Inc. If you need bond, we can represent you in the bond process. We can access if you or your loved one qualify for any forms of relief. We will be honest with you about your probability of success. With more than 20 years of experience, we have the expertise and experience to represent you in your deportation proceedings with competence, professionalism, never losing sight of our kindness and compassion. Please call us today at (763) 951-2235 to request a consult.
