Having a conviction on your criminal record opens the door for an arrest by U.S. immigration authorities and usually follows detention. One of the investigations an Immigration and Customs Enforcement (ICE) officer does is to examine whether an immigrant should be granted a bond or not.
A bond takes place through removal proceedings in the presence of an immigration judge and it is a legal agreement that involves a friend, bond company or relative who is willing to pay the U.S government for the person’s release from custody to return to his home and family in the United States.
All foreigners need to be aware that if they miss any scheduled court hearing, their bond money will not be reimbursed by ICE. However, in many instances noncitizens are not eligible for release, even if someone is willing to pay for a bond.
Thousands of foreigners asked, “How long do I need to wait to re-enter the United States of America after I have been deported?” The length of time is dependent on the primary reason why an immigrant was forcibly removed from the U.S.
For an order of removal or deportation the waiting period may be five, ten, twenty years or in certain cases an immigrant may not be allowed to reenter which means they have received a permanent ban from the country.
Time Frame to Re-enter the U.S. After Deportation
In other instances, few deportees are allowed to enter the U.S. on a visa right before their stipulated waiting time frame ends. While this may be puzzling it is on your best interest to consult with an immigration attorney for legal advice on how this might be possible.
After being served an NTA, attending your court hearing for removal proceeding is a top priority. The notice to appear is very specific about date, time and place of your removal hearing in an immigration court. If by any reason you are not able to attend court hearing do not panic.
Many foreigners have felt stuck because for one reason or another they are unable to attend their removal proceeding court hearing due to an emergency such as; a critical family matter or medical reason. Regardless of the situation there is something that can be done to help you overcome your circumstance.
You can petition to have your court hearing rescheduled. Rescheduling may entail filing legal paperwork which is known as a Motion for Continuance. The immigration judge has all authority to accept or deny such motion, just be mindful that you might be taking an extra risks when rescheduling your court hearing.
The work of an immigration attorney is not as easy as one might expect. His role in assisting you entails writing supporting documents on your behalf, speaking to witnesses if necessary, examining your possibilities in obtaining a U.S. government benefit and speaking on your behalf at the court hearings.
Retaining a professional lawyer to defend you during an immigration court case is a serious decision because he or she can be very pricey. A well seasoned attorney can make a huge impact in enriching your experience and having a great influence on your immigration court case.
When you have an immigration lawyer working on your case you must anticipate certain things. Below you will find some pointers to assist you.
What Happens at a Master Calendar Hearing
When you attend your MCH there will be others present for the same type of court hearing at the same allotted time as you. Do not be afraid, when it is your turn the Immigration judge will call you up according to your name and Alien Registration Number (A-Number).
The judge will request your identification information such as your name, home address, your native tongue and other languages you are fluent in.
Download Application for Immigrant Visa and Alien Registration Form
If you are represented by an attorney, the judge will allow the chance to introduce him and you must submit the formal document of his Notice of Appearance as your attorney.
A Master Calendar Hearing (MCH) is the initial hearing in an immigration case that is programmed to remove an undocumented foreigner from the United States of America. Therefore the immigrant is bound for removal proceedings and then deported based on the case and an immigration judge’s decision.
During the MCH the foreign national will appear before an immigration judge and a government attorney to decide how the case will be handled.
The judge has all authority to arrange dates for the proposal of written documents, and individual hearings in which each of the elements within the applications or claims and defenses will be explained.
Read more, if you have legal representation, your immigration attorney will speak in your defense.
Entering a plea or no contest can result in a very unpleasant circumstance especially if you are considered removable or deportable from the United States.
Any foreigner who has been detained by U.S. authorities must bear in mind the consequences of pleading guilty or no contest. This may be applicable even if you are the recipient of a U.S. green card.
Also Read Differentiating Between U.S. Citizenship and a U.S. Green Card
Consider getting proper advice before deciding to plead no contest or accept plea bargain. While criminal defense attorneys may advise to go by this game plan simply to prevent you from going to trial or serving prison time; such a decision, may not be in your best interest.