Q: I am married to a U.S. citizen. Does that provide me with relief from removal?

A: In most cases, the answer is yes. As the spouse of a U.S. citizen, you are considered to be an "immediate relative" under immigration law. As such, you can apply for adjustment of status (permanent residence/green card) upon approval of an immediate relaltive petition (Form I-130). In order to be eligible for adjustment of status (which means you can apply for permanent residence without leaving the U.S.), however, you must have made a legal entry into the U.S.

Q: What are the consequences of an illegal entry into the U.S?

A: As a foreign national who entered the U.S. without inspection ("EWI"), you are subject to removal under the immigration law. You are also accumulating unlawful presence in the U.S. Individuals who have accumulated periods of unlawful presence and then depart the U.S. face bars to re-entry, the length of which depends on how long the individual was unlawfully present. If you were unlawfully present in the U.S. for a period of less than 180 days (6 months), then you do not face a bar to returning. If you were unlawfully present in the U.S. for a period greater than 180 days but less than one year before departing the U.S., you face a three (3) year bar. if you have been unlawfully present in the U.S. for a period of one (1) year or more and depart the country, you will face a ten (10) year bar.

Q: How Will I Know if I am Eligible for Bond or Parole?

A: You will be assigned an ICE immigration officer upon being picked up and detained in the custody of DHS. This is true even if you are not detained at a DHS detention facility. Your ICE officer will know whether you are bond eligible. The officer may also be in a position to set and/or reduce your immigration bond. 

Q: What Should I do if I am Picked up by Border Patrol or ICE?

A: Most foreign nationals that are picked up by U.S. Border Patrol or U.S. Immigration and Customs Enforcement ("ICE") - both agencies within the Department of Homeland Security ("DHS") - will be eligible for release on bond. Those who are not eligible for release on bond may be eligible for release on "parole."