Any non-citizen, including those in the United States on a visa or with permanent residency status, can face deportation if they are convicted of a crime, or fraud is detected. Individuals with no legal status can face deportation if they are simply arrested. It is important to consult with an immigration law attorney, in addition, to rely on the criminal law attorney that you may have. A criminal defense attorney can represent you in the criminal law system by helping you reduce the charges against you or getting a case dismissed. However, only an immigration attorney can adequately provide legal advice and assistance to avoid the harsh immigration consequences or deportation action arising from criminal prosecutions during your trial or even after.
Oftentimes, non-citizens are placed in the “custody” of Immigration Customs Enforcement (ICE) but held at the county jail while awaiting trial. Once they are transferred to an immigration detention center, an immigration judge determines the eligibility for bond based on a multitude of factors:
- How much of a flight risk the noncitizen may present
- The danger the noncitizen poses to society if released on bond
- Whether the non-citizen is eligible for immigration benefits
- Family ties
- Community service
- Military service
- Immigration history
- Availability of waivers or petitions to gain or maintain immigration status
- Past persecution and/or fear of future persecution given membership in a protected class if the non-citizen is returned to a particular country
- No single factor is decisive, a balancing of these and similar factors is made to determine whether bond will be granted in any case.
Our law firm helps individuals present strong cases for bond. We work diligently for our clients and their families to fight ICE holds and allow the foreign national to stay at home to prepare for their case.