Does someone who overstays on the VPW have a right to see a judge or bond while being held by ICE if they have a lawyer??

Asked over 1 year ago - New Brunswick, NJ

husband entered as a juvenile ..15 years old on vpw with parent in 2006... overstayed without really knowing and was deported in 2011...we hired a lawyer while he was in in ice detention and we paid and he said he was going to contact the judge and immigration officer and request a bond hearing but we never heard back from lawyer.. he never visited my husband in jail, we paid him the day of our first consultation with him.. we called and we were told the lawyer went on vacation the same week he received our $!!!!!!!!!!!! are there any honest, trusting lawyers out there nowadays????????? guess not....that lawyer should be punished ..its not right to give false hope and con people out of $... it wasnt easy getting the money..being on unemployement

Attorney answers (5)

  1. Yolanda Navarrete

    Contributor Level 20

    7

    Lawyers agree

    Answered . That's despicable. Hire a malpractice attorney and report him to the ethics committee. There are reputable attorneys. I am so sorry this happened to him. He seems to have qualified for DACA.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely... more
  2. Steven Sahag Vosbikian

    Pro

    Contributor Level 15

    5

    Lawyers agree

    1

    Answered . You waive your right to this type of due process by entering on a VW. Was this person a lawyer or notario?? This is immigration 101, as all of my colleagues have previously stated...

    VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Unfortunately many federal courts of appeal have ruled that someone previously admitted on a visa waiver (without a visa) does not have the right to contest his removability in immigration court. Am sorry to hear about your predicament. You must keep on looking for a lawyer, however, and fast. There are many pro bono organizations such as the Legal Aid Society, Catholic Charities, Hewish Family Services that MIT be able to assist you. Y
    U will fi d however that their resources and manpower are limited and they are often swamped. Sorry but that the reality of it all. It is very sad, but you cannot remain without taking action.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. F. J. Capriotti III

    Contributor Level 20

    7

    Lawyers agree

    Answered . My colleagues are correct:

    1. This is despicable behavior by an attorney
    2. If he entered on visa waiver, he probably wasn't eligible for a bond.

    Go here to file a complaint about that attorney: http://www.judiciary.state.nj.us/oae/

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  5. Jeffrey Adam Devore

    Contributor Level 20

    2

    Lawyers agree

    Answered . Generally speaking, an alien who enters the U.S. using the visa waiver program waives his right to a hearing before an immigration judge and as a result the right to request bond. ICE can remove the alien without further notice (there are very limited exceptions to this rule). A competent immigration attorney should know this and based upon what you have stated it appears that your lawyer acted in an unethical manner. There are, of course, two parts to every story and if you feel you were taken advantage of and the lawyer is being unresponsive to your inquiries then you may want to pursue this with the attorney licensing authority for your state.

    There are plenty of honest and ethical lawyers "out there." A number of us frequent this website providing general answers to questions.such as yours. If your husband was deported in 2011 the question is why was he deported and what actions have you taken (or should you take ) to facilitate his return?

    I suggest you consult with an experienced immigration attorney who can review his case and advise you the best way to proceed, especially because your husband will require, at a minimum, one waiver of inadmissibility before a visa can be issued to him. For help in what to look for in finding an experienced and qualified immigration attorney, click on the link below.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more

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