Undocumented foreigners live in fear that Immigration will detain them, causing wounding separtion from their family. Unfortunately, this fear becomes reality for many persons every day. If you or loved ones are detained, this article helps explain how they can be released from custody.

Foreigners must demonstrate two important factors to be eligible for bond (release from custody): (1) they are not a flight risk and (2) they do not pose a security risk to the community. In short, foreigners must provide extensive evidence in the following three categories: family, employment, and criminal.

Family: The foreigners should provide any and all evidence of family members who live in the United States. Please provide your representative with the following:

  • marriage certificates
  • birth certificates of children
  • letters from family members who live in the United States
  • proof of family members’ legal status

Employment: Even if they have been working illegally, a letter from an employer indicating that they have been working a steady job is extremely valuable. This demonstrates both no security risk to the community as well as small risk of flight due to outstanding financial obligations. If the employer is unwilling to personally write a letter, pay stubs over a significant period of time can be used.

Criminal: If the foreigner has ever been arrested or convicted for any offense, it is extremely important that he obtain the records. Criminal records are often the biggest challenge to release. Often times, the records are so old that the foreigner does not have a copy. Immigration, however, will have these records and will not hesitate to use them to keep the foreigner detained. At a minimum, foreigners should provide the dates of arrest, the charges, and the outcome of the case.

The key is to demonstrate that the foreigner has longstanding ties to the community and is not a safety risk. The more evidence foreigners and their family members provide, the greater the likelihood of release.

Although the author is a Board-certified immigration expert, this guide is intended as general information and not specific legal advice. This communication does not create an attorney-client relationship. Schedule a consultation with an attorney to address individual concerns.