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There are many reasons a non-citizen might be placed in a U.S. Immigration and Customs Enforcement (ICE) detention facility. Examples range from small infractions to larger issues, such as making minor mistakes in the immigration process to being convicted of a serious crime. Regardless of the reason for ICE detention, a Charlotte immigration detention lawyer will help you understand your situation and represent you throughout the legal process. Your immigration attorney will also ensure that your rights are respected while you’re detained and help you get the best possible outcome.
As a non-citizen, you could be detained by immigration authorities for violating the conditions of your visa. This may include staying in the U.S. for too long or applying for public benefits that are not available to visa holders. You could even face detention if you did not appear at a scheduled immigration hearing in the past or if ICE has other reasons to believe that you will not attend a hearing scheduled in the future. Immigrants may also be placed in detention centers while they wait to be deported.
Another common reason for detainment is if you commit a crime as an immigrant. Some criminal convictions require mandatory detention, which means that you cannot be released on bond. Crimes that lead to mandatory detention vary slightly based on factors like your immigration status and whether you are already in the U.S. or are trying to enter the country. Generally, they include:
CIMTs are not clearly defined, but they are usually considered to be crimes that are inherently wrong and involve intent to harm others, which is why having a Charlotte immigration detention attorney is key. Immigration violations like overstaying a visa will not automatically lead to mandatory detention.
If you or a loved one is being detained by ICE, talking to a lawyer about the reason for detention is always a good idea. A lawyer can represent you during hearings and other immigration proceedings or discuss options like leaving the US at your own expense if you cannot avoid being deported. Your Charlotte attorney can also help you with the grievance process if you are mistreated in immigration detention and help you secure an immigration bond if you qualify.
Being released on bond allows you to return home while you wait for your immigration hearing instead of staying in the detention center. If you qualify, a judge will set a bond amount, which you will need to pay to be released. As long as you attend the required hearings, the bond can be returned at the end of your immigration process. 8 U.S. Code § 1226 sets the minimum bond at $1500, and there is no maximum. The amount is based on a combination of factors, including your criminal and immigration history and your ties to the US. If your bond is unreasonably high, your lawyer may be able to file an appeal.
Immigration law is complex, and being detained by ICE can be a terrifying experience for both the immigrant and their loved ones. A Charlotte immigration detention lawyer could advocate for you to get the best possible outcome for your situation. Contact Sussman Law Firm to discuss your case now.
Charlotte Family & Divorce Lawyers and Immigration Attorneys
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