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My passport has been confiscated by ICE and placed for removal proceeding.

Port Orange, FL |

I have not been given a court date but given a date to report back to their office. I want to request a voluntarily departure and get back my passport. how should i Proceed.

The other thing is that they have given me a date to appear in ICE office on December 3, 2013. That is six months from now. What do i do for six months? and this not a court date.

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Attorney answers 11

Posted

First, have a consultation with an immigration attorney in your area. The attorney will review the documents and advise you on the best course of action. There is a difference between leaving voluntarily and being granted voluntary departure by an immigration judge. If you leave voluntarily while in proceedings, you are self deporting.

Posted

If that's what you really want to do (I would consult with a local immigration lawyer to see if you have any relief available which would maintain you in the country..), then ask to speak with the ICE officer in charge of your case. Just give the last 3 digits of your "A" number and you will be directed to the officer in charge of your removal case. You'll find out there will be nothing that officer will be able to do for you or give you your passport back (they never do that, unless you win some sort of relief in court.)
Just wait to appear at your first master calendar in immigration court and tell of your intention to seek VD to the judge. You might or might not be granted VD, but that will not get your passport back. The lawyers representing ICE in court will hold it in your file until the day your case is finally resolved with you leaving the country, whether voluntarily or not. You will not get it back until then.

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.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Don't forget to designate a "Best Answer" to your question.

Posted

You should wait to see the Court and ask for VD. The jurisdiction in this matter is now with the Court. You can also consult with an immigration attorney and see if you have any options besides taking VD and getting your passport back this way. BTW, you will get your passport only after the Court's decision and not before, if VD is granted. Overstaying VD would render you ineligible for all immigration benefits for 10 years.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

Get a lawyer ... this is quite serious.

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.

Posted

You should talk to a lawyer. The lawyer will explore all available reliefs with you and even look into speeding up the VD process if that's what you want.

Posted

Dear Sir or Madam, I need to evaluate your situation. Before you decide to give up and leave voluntarily, let's evaluate whether you have a defense to any deportation. I litigate such cases regularly. Best regards.

Posted

I agree that you should consult with an immigration lawyer and you need to do it before you leave the country

Posted

Passports are the property of a respondent’s respective foreign government, and not the physical property of the individual. ICE will not return a passport that has been confiscated by ICE or CBP unless and until the respondent’s case has a final administrative order granting relief (i.e. no appeal).

Posted

You should really consult with a lawyer before making any decisions.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Posted

This is definitely not a situation you are going to want to go through without an attorney. There are other avenues of relief aside from voluntary departure and they each have their pros and cons.

Posted

On the date that you are scheduled to appear at the ICE office tell them you would like to request VD. They will not return your passport to you until you are scheduled to leave.
Before you take this drastic measure it would be worth your time and expense to consult with an experienced immigration attorney regarding your situation and whether you have any alternatives.

Kyndra L Mulder, Esquire
386 283 5579 Palm Coast, FL
904 296 7702 Jacksonville, FL

Kyndra L. Mulder

Kyndra L. Mulder

Posted

Because you are required to report to ICE it is more likely then not that your case has not yet been filed with the Immigration Court. In this case ICE has authority to grant you Voluntary Departure.