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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??

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. 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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. 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 on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  3. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  4. 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 Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com


  5. 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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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