How Does Someone Get Deported or Detained?





How Does Someone Get Deported or Detained?

Usually, an alien will get detained either when they are attempting to illegally enter the country at a border crossing that is not a designated border crossing. But that’s one way of running into the border patrol and then, hence, being detained – you know, typically fingerprinted, photographed, and then being process for expeditious removal from the United States. That’s one way. The other way is if one is inside the country but within the border checkpoint. A hundred miles away from the border, it’s lawful for immigration authorities to have fixed checkpoints. Also, if somebody is already inside the country and they’re either here lawfully or illegally and they fail to maintain their status, Immigration may, at one point in time, encounter them and then detain them once they verify that their status is no longer valid. That’s usually how there’s an encounter between immigration law enforcement and an alien.

If I have a Green Card, are my wife and children also covered?

 

If you have a green card, it does not automatically carry over to one’s spouse and/or family or children. More often than not it does, but it’s not an automatic. So if the head of the household – for instance, the principal alien – obtains a green card, then usually part and parcel of that application process and procedure is that their spouse and their minor children will also get it. Furthermore, if the minor children have now become adults, they may actually lose the ability to derive their green card through the parent that’s getting it unless there are exceptions. So it’s really a case-by-case basis and it depends on what the status of their parent is, when the application was submitted, and whether or not the type of application allows for the aged out child to also continue to be considered a child for that particular application and still obtain their green card.

What if I Miss My Court Hearing?

 

What if I Miss My Court Hearing? It’s extremely important that you do not miss your immigration court hearing because, more often than not, the judges have a zero tolerance policy and will actually deport the alien what is called in absentia, not being there. So missing your immigration court hearing is probably one of the biggest mistakes that aliens make. More likely than not, once you miss your court appointment, you will be deported on paper, and it’s a very cumbersome and lengthy process to petition the court to change their mind and reopen your case. So it’s imperative that, if you are in proceedings, that you are proactive, that you keep checking with the clerk of when your next hearing is. Any time they move, they have to update their address. So this is extremely important that you prevent that from happening.

If I have a Green Card, am I Automatically a Citizen?

Having a green card does not automatically make one a citizen. Becoming a US citizen is probably the highest privilege that anyone, any alien, can aspire to. Nothing out of that system is automatic. It’s a process that they have to go through. Unfortunately, there’s nothing automatic of becoming a US citizen. Once you are a green card holder, you are a legal permanent resident.

One does have to become a citizen after having a green card, but it’s usually the natural transition of wanting to become a naturalized US citizen; but yet it’s not anything that is required in the law. Of course, not being a citizen, there are certain things that you cannot do. You cannot apply for a job with the federal government or certain state jobs. You can not run for public office. You cannot vote. So becoming a naturalized US citizen obviously has a lot of benefits to it.

What Makes an Immigrant Illegal?

It really depends. Obviously, the easy answer is if one is here without any type of legal status, having entered the country surreptitiously, maybe by sneaking in; then, obviously, one is an undocumented immigrant. Another way, for instance, is even though you have a facially valid document but if the underlying petition is no longer available, then, again, one can also be considered to be an illegal alien or an undocumented immigrant. So there are so many ways that someone can become – you know, run afoul of the immigration laws and either become undocumented or become illegal by having violated their status.