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Is it common practice for ICE to arrest and detain people at their I-485 interview?

Lehigh Acres, FL |

The applicant has no criminal background. U.S. citizen wife and children. Biometrics completed.

Attorney Answers 3

Posted

It doesn't sound like you have any reason to be concerned, unless you know of something in the past that you ARE concerned about and wonder whether ICE knows or not. You can hire an attorney to simply prepare you for and appear at your interview and nothing else. If the worst case scenario happens and ICE tries to detain him, there's a chance that the attorney could diffuse the situation.

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Posted

I don't think you guys have something to worry about.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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Posted

it is not common, but it has certainly happened for example if there is an old deportation order. I once had a case with mistaken identity as well - released next day and supervisor called and apologized and approved the case right away.
But typically if it is a straight forward case, it should not happen. Wonder why you are asking?

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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11 comments

Asker

Posted

I am asking because applicant had EWI status at time of filing I-485. We requested to withdraw I-485, but got an interview notice instead.

Irene Vaisman

Irene Vaisman

Posted

he is not eligible for adjustment. I do not think he will be arrested but case will be denied as he is statutorily not eligible. If you are not represented by an attorney, at least speak to one now

Irene Vaisman

Irene Vaisman

Posted

unless his EWI entry was procedurally regular meaning he availed himself to be inspected, then you may have something there - I would need to know more

Asker

Posted

Yes, we know he is not eligible. That is why we requested to withdraw the application. That is why we are also wondering why we got an interview, instead of an outright denial notice. He was caught, detained, signed a paper that "he was willing to return to his own country", and allowed to go back. CBP let him go after a couple of hours.

Irene Vaisman

Irene Vaisman

Posted

in this case, yes, he may/probably will be detained since he never left when he had to. Retain an attorney asap

Asker

Posted

well he did leave, after CBP released him. (you don't have a choice, after all). but he reentered and was not caught again.

Irene Vaisman

Irene Vaisman

Posted

that's even worse - illegal entry after deportation, not only is it a severe immigration violation, it is also criminal and is considered an aggravated felony. If you found my answers helpful, kindly mark it so.

Asker

Posted

according to many other attorneys, being caught and released does not count as "deportation". he was never given any "deportation" paperwork. just fingerprinted and let go. he was never in a court, or before a judge. you are the only attorney so far that has called his incident at the border "deportation"

Irene Vaisman

Irene Vaisman

Posted

that used to happen a lot, he was cought, finger printed, he gave them an address, he was released on his own recognizance and later they issued a Notice to Appear or Order to Show Cause - depending on when this happened. There he was told to come and see the judge, but since he did not know about it, he missed the court date and there is probably an in absentia order. Look I am guessing based on experience. All I know is that if a client of mine came to me with such a story, I would be worried and try and obtain the entire record before I submit anything to CIS. I have seen this happen way too many times.

Asker

Posted

we have the entire FOIA. There are NTAs or OSC or any other immigration court document. He was not asked for an address. He was released back INTO mexico, not anywhere in the US. We have an approved I-130 from 2009. Now an approved I-765 and EAD on the way. Waiting for I-485 interview notice. I ask because I want to know if his EWI status listed on the I-130 and I-485 will be any cause for detaining him at the I-485. And we did request that the I-485 be withdrawn, after we received several attorney consults and found out we shouldn't have filed it in the first place. But now we have an interview notice, so I'm wondering why and want to know if we can at least have the i-485 denied/closed/terminated so we can pursue consular processing another way.

Asker

Posted

that should say "NO NTAs..."

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