A: There are several different defenses to removal from the U.S., including: cancellation of removal for both permanent residents and non-permanent residents; political asylum; adjustment of status; and voluntary departure. After careful review of the facts of each case, an experienced immigration lawyer can explain the defense(s) available in your specific case.
A: Most foreign nationals will be issued a Notice to Appear ("NTA" or Form I-862) that charges him/her with grounds of removal from the U.S. The NTA also has the effect of placing the foreign national into removal proceedings before an immigration judge. Almost all individuals that are encountered and charged with immigration violations in upstate New York are ordered to appear before an Immigration Judge in Buffalo, New York.
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.
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."
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