Immigrants arrested or detained by Immigration have certain rights. However, these rights change if they are arrested or detained at the border or at an airport. In these cases, immigrants may have fewer rights.
You probably have more rights if arrested by Immigration at work on the street, after committing a traffic violation, or at home. If you are arrested and detained, it is important to remain calm and remember the following suggestions:
– You have the right to remain silent. Ask to speak to an attorney.
– Do not sign anything. It may be that by signing, you will dispose of its right to a lawyer or appear before a judge.
– Write down the name and telephone number deportation attorney who is assigned as appropriate.
– Do not accept “voluntary departure” (that is, you should not access out of the United States voluntarily) without first talking to a lawyer. Sign a voluntary departure agreement means you will not have a hearing, you must leave the United States, and may never allow you to enter the United States or achieve the legalization of their immigration status.
– No firm orders deportation order without first talking to a lawyer. Sign a stipulated order means that you surrender your rights to have a hearing before an immigration judge and served a deportation order eats granted by a judge.
– Do not assume that agents of Immigration or the judge will explain your options, or that give the correct information. Wait to talk to a lawyer before saying or doing anything.
– You have the right to call a lawyer or your family if you are detained.
– You have the right to receive visits from a lawyer if you have been arrested (in the prison of Immigration).
– You have the right to counsel, but the government will not pay or provide that lawyer. You will need to hire or find someone to represent you. (Immigration should give you a list of groups that you can call to provide legal advice or representation for free or low cost). If you are brought before a judge before it can obtain legal advice, you should ask the judge for more time to find a lawyer.
– You have the right to call their consulate. The records of the consulate are available in the prison and the prosecutor can ask your deportation. Your Consul can also help you hire a lawyer.
– When you get a lawyer, you should tell everything you consider important about your immigration case, even if you have been arrested for committing a crime. It is important that any person who gives legal advice to know everything about your case so that they can provide you the best advice. Not worth lying or save information from your lawyer, as this could hurt.
– If you think your boss reported to Immigration because you complained about conditions at work, make sure you tell the lawyer. If your boss reported for this reason, you can probably make a formal complaint against retaliation.
– In most cases, Immigration must decide within 48 hours whether to continue or not with immigration proceedings (before a judge), and it may be (or not) kept in custody or released on bond. After 72 hours, Immigration must give a notice of hearing. This notice gives information on the date of his hearing before an immigration judge.
– In most cases, you have the right to ask to be released by paying a bond, or to request a hearing before a judge to set bail. (The deposit you pay ensures that you will appear to all hearings before the immigration judge.) However, if the judge finds that you are not going to present to your audience or is a danger to others, issue an order to continue in prison custody.
– If you must leave the United States try to speak with an immigration attorney before leaving. If you quit, you may not be allowed to return home for a certain number of years. It is important to know this before you leave, because if allowed to return earlier than can be arrested for committing a serious crime to re-enter the country without permission.
– If you fear returning to your home country, tell your attorney deportation and immigration court immediately. You may submit an application for asylum or other relief.
– If you have a criminal record, it is extremely important that you contact a lawyer experienced in matters of immigration consequences of criminal records. If you have any criminal record, obtain a copy of your record sealed envelope criminal court.
– If you have not given a hearing before the immigration judge, find out why and tell your attorney immediately.