Every day thousands of illegal aliens are detained by Immigration and Citizenship Enforcement ("ICE") and detained pending their extradition to their country of origin. Many West Virginians don't realize that there are hundreds of individuals in their own backyards who experience this every week! These individuals fall into two broad categories: (1) They arrived on a lawful visa initially and are now out of status; or (2) They arrived illegally from the beginning. Either way, these individuals are facing a serious legal situation that requires the help of an experienced immigration lawyer.
WHAT CAN I EXPECT NOW THAT I'VE BEEN DETAINED?
If you've been detained in West Virginia, more than likely you are being detained in the regional jail system pending your bond hearing in federal court. In some cases, you will be transported to other jurisdictions. In this case, your lawyer should be able to appear via telephone to handle your bond hearing. Once detained, the system moves quit quickly so it's important to secure counsel immediately!
WILL I BE ABLE TO STAY IN THE UNITED STATES?
The answer depends on the skill of your attorney and your unique situation. There are many times in which we are able to secure a visa for those who have been detained. Sadly, in other cases, our clients are facing up to a 10 year ban from re-entry. If you wish to have a chance of staying in America, and you are currently out of status or classified as an illegal alien, then you must secure competent immigration counsel to help you through the process and determine your odds. There are no shortcuts.
Of course the best way to avoid all of this is to enter the U.S. legally from the beginning by securing a valid visa and by not letting your visa become "out of status."
Seth S. Gaskins, Esq. is a Divorce and Immigration Attorney in West Virginia.