Tips to Help You if Detained
With everything that has gone on under the new orders of the President of the United States, there is cause for concern when it comes to immigration and the EB-5 investor program. With wanting to make a better life and to earn your way into the United States lawfully and with hard work, it is still more difficult than ever before.
At American Venture Solutions, we are here to help you with the complicated immigration and permanent residency process. Our program is sound and with hard work, investment, and patience you can get your permanent place within this great country. However, with a new immigration ban and order in place, it is important to be aware of what could happen if you get detained at the airport. While this is a scary event, if you know your rights, you will be able to get through it unscathed. Our best advice is if you are outside of the United States waiting for the EB-5 process to be complete. it is best to not schedule travel to the United States during this time.
What You Can Do You if You are Detained at the Airport
Many people are unaware that when they are detained they technically do not have to speak to anyone. You are allowed to stay quiet until you contact your immigration lawyer or have a lawyer present with you to represent you in this time of need. This also includes signing any documents. Immigration and Customs Enforcement (ICE) may ask you to sign forms, but you could be signing something you do not understand. It is best to wait for a lawyer to be present so you don’t accidentally do or say something that could hinder your process of being released from detainment.
A lot of emotions are going to present while you are detained. You may be frightened, angry, most of all confused. Staying focused as much as possible is key. Make sure you are writing down all information being thrown in your direction, so you can relay it back to your lawyer. One thing you need to take note of is the name of your deportation officer that is assigned to your specific immigration case. Be sure to get the name and telephone number of the officer, because this will be very important later and will be valuable information for your lawyer.
Don’t Voluntarily Leave
One proposition that ICE may offer is to let you leave the United States voluntarily. While this may seem like the best option in the present moment, don’t. If you agree to voluntarily leave without speaking with a lawyer you could be losing all rights to come back to the United States. Additionally, you would not get an immigration hearing, and you would have to leave the U.S. immediately. This can severely damage the process of the EB-5 and all your investment may go to waste.
Another contract they may offer is a “stipulated orders of removal”, this is stating you waive all your rights to have a proper hearing. Also, this document is served to you as a final order of deportation and would be signed by a judicial official.
Get a Lawyer
We have said this a few times already but it is extremely important to use your rights to contact a lawyer to help you with your situation. By law, you are allowed to call a lawyer and they are allowed to visit you if you get sent to an immigration detention center. The drawback is that the lawyer will be out of your own cost and not the governments. ICE is required to give you a list of affordable or free lawyers to use, or you are allowed to call someone you know. A lawyer will be able to better understand the situation and explain to a judge concisely and intelligently about your EB-5 and how you are just an investor trying to obtain residency within the United States, and that you in no way are a threat or illegal.
Once you have obtained a lawyer, you need to tell them everything you feel is important about your case. Be honest and specific with your information. Let them know the exact reasons you were trying to come into the country and if you have any type of background they need to be aware of. The lawyer is available to give you the best advice and to represent you at your hearing.
Most of the time ICE will decide within 48 hours if you get to participate in an immigration hearing in front of a judge. This hearing will be the deciding factor if you will stay in custody or if you could potentially be released on bond. If they release you on bond you may need to get a bondsman to cover the amount, or you can pay it yourself, each amount will be different. If the judge feels you are a flight risk, no bond will be offered and you will stay in detention. This is why it is very important to cooperate and be calm during the entire process.
If You Leave
Speak with your lawyer and make sure you understand the magnitude of being asked to leave. In most cases, you won’t be able to return back to the United States for a few years, which can affect your EB-5. If this happens to you, get in touch with American Venture Solutions to go over all your options going forward.
Being detained can be a frightening experience, but with these tips, it can help the process go more smoothly and ensure that you may be able to keep your EB-5 investor program underway. Becoming a permanent resident of this amazing country can be a simple and rewarding process with the EB-5. Our team of experts can help you take the correct and lawful steps in becoming a resident and then help your family as well. Even if you know you have committed no crimes and know your are coming to the U.S. in good faith, it is important to be aware that you could possibly be detained, especially with the new immigration order created by the Trump administration.
Remember, our investor program not only helps you gain access into the United States, it also helps our business partners grow and be more financially sound. Our team can explain to you the detailed process of the EB-5 and help you attain your residency in the allotted time frame. Learn about the EB-5 process and contact one our amazing staff members today! Check back for more blogs about immigration, what is going on the United States, and the process for many different countries throughout the world.
Aug 04, 2023
Feb 28, 2023