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If a detainee has a diplomatic Visa and no expiration date on their I-94 can ICE still keep a hold on them?

Norcross, GA |

also would ICE have record of this person status based on their name and other identification

Attorney Answers 3


Depends on whether they have diplomatic immunity or not.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Mr. Ferrari is correct. Not all people with diplomatic visas have diplomatic immunity.

Plus, a 'hold' isn't the same thing as being under arrest.

Yes, ICE will have a record of the hold ... but don't need to talk to anyone about it ... except for an 'official' representative of the Consulate/Embassy of the person's nationality.

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.

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Yes, of course it can, until it investigates whether he is covered by diplomatic immunity or not. His embassy / consulate better be notified and asked to immediately intervene.

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.

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