FAQs - Immigration Related Questions

What should I do if a friend or family member is taken by immigration?

The first 24 hours after someone is taken into immigration custody is a pivotal time to take action. During this time the individual is processed by ICE (Immigration and Customs Enforcement) officers and, assuming they are kept in custody, will be transferred to a detention facility. What is most troubling about this process is that individuals are often transferred to facilities far from their homes and families. Quite often they will not even have the opportunity to notify anyone about their situation until days, and sometimes weeks, after they have been moved. There are, however, steps that can be taken to help keep a detained individual close to home.

The first thing you should do if ICE detains a friend or loved one is to contact the Deportation Officer who is handling that person’s case. Opening up a dialogue with the Deportation Officer can be a vital step in keeping your friend or loved one close to home, where they can most effectively fight their case.

Cohen & Forman can help you with the entire process – from putting in motion steps that can keep your loved one close to home, to fighting the charge. Contact us for a consultation today.

What should I do if I am not a U.S. citizen and I’m arrested on a criminal charge?

Being named as a defendant in a criminal prosecution is a serious matter no matter who it is. But the potential consequences for a non-citizen, even a green card holder, are especially devastating. A conviction for an even minor non- criminal offense can have severe consequences for a non-citizen, including deportation from the United States.

The first thing you should do if arrested on a criminal charge is consult with an attorney who is familiar with the immigration laws of the United States and how those laws can impact the consequences of a person’s criminal arrest.

If you are in this situation, contact us. Our expertise in both criminal and immigration law gives us an advantage when fighting for you. We can fight your criminal case while also protecting your immigration status.

What should I do if myself, a friend, or family member who has been arrested on a criminal charge has an immigration detainer?

When a non-citizen is arrested on a criminal case it is possible that immigration authorities will issue an immigration detainer. An immigration detainer orders that the local jail that is holding the individual in criminal custody keeps them detained for 48 hours after their release, so that immigration can transfer that person into immigration custody. Immigration cannot take someone who is held in criminal custody until either bail is posted in the criminal case, or, if the person is serving a sentence, the sentence is complete.

If a friend or loved one is held in on bail in criminal custody and has an immigration detainer DO NOT post bail until you have a lawyer who has experience with the immigration system look into the reasons behind the detainer. Once bail is posted on the criminal case, immigration authorities will take that person into their own custody and if the person is not eligible to be released they could be transferred to an immigration detention facility anywhere in the country.

How can I get a green card?

There are a number of ways to get a green card, the two most common being through a family member or job. A common misconception, however, is that any family member or employer can sponsor you for a green card. You must prove to immigration authorities that you have a qualifying relationship with either a family member or job that is eligible to sponsor your for a green card.

While applying through a family member or job is the most common way to apply for a green card, it is not the only way. There are many other programs available, each having their own set of eligibility requirements.

Determining whether you meet the eligibility requirements for a specific green card program is only half the battle. Other factors that can affect your ability to obtain one include whether you have a criminal history, how you entered the U.S., (assuming you are applying for one while living in the U.S.) and your financial means.

For more information, visit our green card page and contact us for a consultation.

How can I get a work visa?

The Immigration and Nationality Act provides a number of work-related visas. Each visa is designed for a specific purpose and each visa program has its own specific eligibility requirements. Furthermore, some visas are exclusive to only those from certain areas of the world.

Whether you are eligible for a particular work visa depends, among other things, on your prior work history, education and particular skill set. Because the procedures and documentation required to secure a visa can be complicated and burdensome, the assistance of an experienced immigration attorney can help simplify the process and provide a better chance of visa approval.

For more information, visit our work visa page and contact us for a consultation.