We receive a lot of contacts from foreign nationals that have concerns after being arrested in Texas. The questions usually concern an immigration hold. When and how does an immigration hold occur? Under 8 C.F.R. § 287.6 it states:
(d) Temporary detention at Department request. Upon a determination by the Department to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department.
This situation occurs when an agency other than the INS places a foreign national in jail. Once the foreign national is able to be released from jail, the agency may on hold foreign national up to 48 hours for the INS to pick them up. Once the time has elapsed, the agency must release the person.
If a person receives an INS hold it does not automatically mean that they will be deported or even held by the INS. ICE will place a Bond amount for the INS detainer. If the amount is too much, your attorney may request a hearing to have the bond amount reduced.
There are times that the person has information that will allow for a release from the INS detainer and resolve the immigration problem. DO NOT agree to a voluntary departure without consulting with an attorney.
Morris law Firm at (214)357-1782, (817)496-3447
info@themorrisfirm.net.
As a U.S. citizen, you can sponsor a relative for permanent residency, if you can prove that you have resources to support your relative when they enter the United States. You may sponsor your husband, wife, children, parents, brothers or sisters.
To start the process, you need to fill out a form I-130, Petition for an Alien Relative. The form will establish your relationship between you and your relative. Once the form is filed, your relative will be placed in line with other applicants who have similar places of origin and type of relationship.
There is no wait list for spouses, unmarried children under the age of 21 and parents. Your other relatives must wait outside the United States for their I-130 form to be approved. Wait time will depend upon demand and the number of applicants allowed per year.
If you have any immigration questions, contact the Dallas office of the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net.
Our office has an immigration attorney who has a great deal of experience in helping clients apply for citizenship. This is something that many permanent residents do not apply for because of many different reasons. The immigration attorney strongly encourages permanent residents to apply for citizenship if they are eligible. If a permanent resident received permanent residence through marriage and has been married to the same person for three years, they are eligible to apply for citizenship after three years. People who received permanent residence through other methods are eligible to apply for citizenship after five years. You have to be at least eighteen years old in order to apply for citizenship. Normally people who apply for citizenship have to pass English and civics testing requirements. There are different testing requirements based on the age and length of permanent residence of the applicant at the time of application. If someone is over 50 years of age and has lived in the U.S. as a lawful permanent resident for at least 20 years, or if someone is 55 years of age and has lived in the U.S. as a lawful permanent resident for at lest 15 years, that person does not have to take the English test but may take the civics test in the language of their choice. Someone who is over 65 years of age and has lived in the U.S. as a lawful permanent resident for at least 20 years does not have to take the English test but has to take a simpler version of the civics test in the language of their choice. Someone who is a lawful permanent resident can always be removed should they commit some offense that makes them removable. Citizens of the U.S. are not subject to removal from the U.S. Call our office at 214-357-1782 and we can help you apply for citizenship. Our e-mail address is info@themorrisfirm.net.