Removal proceedings can be a very scary process when you have a loved one that is facing deportation. An immigration attorney can help tremendously with the fear and uncertainty involved when a family member or friend is detained and facing deportation. Generally, the process is as follows.
Detained by ICE
Initially, a person will be picked up by ICE (Immigration and Customs Enforcement). They will be detained in prison and then it is up to the Department of Homeland Security to set a bond for the person's release. The bond amount is usually $5000. Immigration bond companies can help with the release of the person being detained or you can pay the whole bond amount to the Department of Homeland Security. You will get the bond money back once the case is over.
File a Motion for Bond Hearing
If there is no bond set, you will need an attorney to file a motion for a bond hearing so that the Immigration Judge will set a bond.
Notice to Appear in Court
The detainee will be given a notice to appear in court. They might be seeking asylum, withholding of removal, convention against torture relief, or cancellation of removal. They also might seek to adjust their status to permanent resident (green card) via marriage to a U.S. citizen.
If There is No Defense Voluntary Departure may be Best
If there is no form of relief the person might ask for voluntary departure so that they can leave the United States on their own accord. The immigration judge can allow up to 4 months for voluntary departure.
For Those with Prior Convictions
In addition, individuals may have prior convictions. Convictions can fall under crimes of moral turpitude as well as aggravated felonies. It is important to consult with an attorney to determine the correct interpretation of prior convictions according to immigration law.
Please feel free to consult Sanjay Biswas, Esq. at 504-606-4858 for a free consulation.
Sanjay Biswas, Esq. 3350 Ridgelake Dr., Ste. 200, Metairie, LA 70002 handling immigration cases all over the United States.
