As some may recall, the Director of U.S. Immigration and Customs Enforcement issued a memorandum on June 17 2011, requiring that ICE agents and government attorneys exercise prosecutorial discretion when deciding who should be removed (deported) from the U.S. What is “prosecutorial discretion”? This is where the government could remove a foreigner from the U.S. for […]
Be Cautious When Speaking to an Immigration Officer! No Miranda Warning
When speaking to an immigration officer, immigrants must beware that what they say can and will be used against them in immigration proceedings. “Miranda” warnings are not given to foreign immigrants and visitors. Problems can come up at the border upon entry to the U.S., at an immigration interview, or when held in custody for […]
Illegal Entry After Deportation
When there is a deportation, I wish foreign spouses and fiances would wait and call an attorney first before returning to the U.S. illegally. Here is a simple example of how bars to reentry work after deportation. Question We’re married for 10 yrs. He came as baby, deported once, then came back.We are raising a […]
Denied Entry at the Border on a B Visitor Visa
Even if a foreigner has a B-Visa for Visitors and has visited the U.S. in the past, this is no guaranty of future entry on the same visa. Each time a foreigner crosses the border in and out of the U.S., circumstances change. Question My fiancée had a B1-B2 visa and was coming to visit […]