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: What types of defenses are available to deportation?

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.

What Happens Once I am Released on Bond or Parole?

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.

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.