Immigation Office of Peter G. Smith
Detention and Criminal Issues
A green card holder or a visitor can be be detained by Immigration and Customs Enforcement (ICE) for past criminal convictions. Visitors who are out of status for six months or more or who entered the USA illegally may also be detained. Detention can then lead to deportation and a ban from returning.
Release from detention may be granted by ICE or an Immigration Judge for unlawful presence if you entered the USA legally and can post bond.
Release from detention may be granted by ICE or an Immigration Judge for past criminal convictions if the crime is not very serious and the sentence imposed was less than one year in prison.
No release from detention is possible for anyone who has committed an aggravated felony or who is inadmissible for a crime of moral turpitude.
How Do I Keep My Family Together?
• Post Bond
• Obtain a Hardship Waiver
• Dispute the Criminal Conviction
• Seek Adjustment of Status
• File for a Reentry Waiver Abroad
• Seek Cancellation of Removal
If your family is about to be torn apart, you need to contact an immigration lawyer immediately.