When you get on ICE's radar, it can be hard to know where to start. You want to resolve the matter as quickly as possible. You also want to make sure that your family is safe and protected under the law.
You don't have to answer questions, but don't lie
You're under no obligation to talk to officials. In fact, if you do, they can use what you say against you. Don't ever lie or provide false documents. Don't sign anything. Just tell them you have a lawyer and politely refuse to answer questions.
Defend against criminal charges
If you're on the radar because of a criminal charge, it's helpful to defend against the criminal charge as aggressively as possible. If you're convicted of a serious charge, immigration is more likely to see you as a top priority. If you're not convicted or your offense is only minor, it's less likely that officials are going to focus their attention on your case.
Know how to contact loved ones
You might face a detainer. In case that happens, you should know the names and contact information of relatives. Your relatives should know where you are at any given time. It's important to contact an attorney as soon as possible if you suspect you might have any kind of problem or issue.
What if they're at your house?
When ICE shows up at your house, you only have to let them in if they have a valid warrant. When they ask to enter your home, ask them if they have a warrant. If they say no, don't let them in your home. If they have a warrant, ask to see it. If the warrant doesn't properly list your name, address or other important details, it may be invalid.
If they have a valid warrant, you should let them execute it. However, you don't have to answer their questions. Try to remain calm. If they try to engage you in conversation, tell them you're going to exercise your right to remain silent and talk to your attorney.
You have options
Even when the circumstances look bleak, you may have options. If your American loved one would suffer an extreme hardship by your departure, you can apply for what's called a 601 waiver. There must be more than just the ordinary hardships such as job losses and loss of companionship.
Your immigration lawyer can help you document one of the hardships that might qualify for a 601 waiver. For example, if your loved one has serious medical conditions and it's not safe for them to travel abroad, you may receive a waiver if you're the only person available to care for them. Similarly, if your loved one wouldn't be able to live abroad because of a medical or economic reason, you may receive a waiver.
There are other waivers that you can explore with your immigration attorney. For example, you may receive a waiver if you cooperate in the prosecution of domestic violence against you. Laws can change quickly, so various waivers may or may not be available depending on the laws at the time you apply.
Contact us
If you're on ICE's radar, contact our team as soon as possible. We may be able to secure your release from detention or prevent it. We can help you brainstorm ways that you may be able to defend yourself against an immigration proceeding or even convince ICE officials that their time and attention is best spent elsewhere.
We offer competent, comprehensive and compassionate services. Our immigration attorney team knows how important this is to you and to your family. If you're facing an immigration problem, please contact us today.