Is it Safe to go to my ICE Appointment?
From A Trusted Immigration Attorney in Eatontown, NJ
We know how anxious you must feel if Immigration and Customs Enforcement (ICE) requests an appointment, especially if you have a pending case. Many thoughts must be racing through your mind. Is it safe to go to my ICE appointment? Will I get deported if I go? What if I don’t go? What should I do now?
This article is for you if you’re unsure what action to take. Here, we’ll discuss what will happen if you attend your ICE appointment. We’ll answer these questions in this article:
- What is Prosecutorial Discretion?
- What is a Supervised Visit?
- What to Do If I Have a Pending Case in Immigration Court?
- What to Do If I Have a Final Order of Removal?
- What to Do If I Could Be Subject to Expedited Removal?
- Where Do I Find An Immigration Attorney in New Jersey to Help Me?
If you have more questions about immigration, our experienced New Jersey attorney from Andres Mejer Law is here to help. Call our Eatontown law office today to schedule a consultation!
What is Prosecutorial Discretion?
The United States has limited resources; thus, it has to decide which of its goals to prioritize. This is where prosecutorial discretion (PD) comes into play. Sometimes, the ICE can decide against enforcing deportation to focus their resources on their more important goal. If ICE grants you PD, immigration authorities have stopped trying to remove you from the country.
What is a Supervised Visit?
Supervised visits (AKA routine check-ins) at an ICE office are a frequent reason to grant someone PD. These visits can happen as often as every month or as uncommon as once a year.
When you go to the appointment, an official will meet with you. They will review the details of your case and go over new issues, like recent requests for relief or arrests. After this appointment, ICE can decide whether to schedule another visit or to continue pursuing your removal from the US.
If ICE officials determine that they want to deport you, come to us. Our Eatontown immigration attorney has years of experience handling deportation cases. Call us today so you can find immigration help as soon as possible!
What Should I Do If I Have an Upcoming PD Check-In?
You should go. ICE will consider you a fugitive if you don’t attend your supervised PD appointment. You’ll always check over your shoulder if enforcement is going after you. That’s not an ideal way to live.
There are certain protected locations where ICE usually doesn’t arrest immigrants. These include
- Rallies, demonstrations, or parades.
- Disaster or emergency response venues
- Social service providers
- Places of worship or religious study
- Medical or mental healthcare facilities
- Educational institutions (like vocational or trade schools, colleges, and universities)
However, since the previous administration, ICE seems to ignore the policy involving protected locations frequently.
Consult with an Attorney
The first thing you should do is consult a knowledgeable immigration attorney. At Andres Mejer Law, we can inform you of the risks of not attending your PD visit. We can also help you plan what to do if ICE decides to pursue deportation. Even if you already had a previous PD check-in, this one might be different. It will still help if you ask someone with thorough knowledge of the process.
Once you decide to attend, you should provide proof that you’ve been nothing but law-abiding since your previous appointment. You should also bring evidence that continuing PD is in everyone’s best interest. It might help if you come to the supervised visit with a group of people who support you. There have been cases where immigrants have been allowed to stay in the United States because a rally was held for the immigrant.
It would be best if you were still prepared for the worst-case scenario, which can be deportation or detainment. Our New Jersey immigration attorney can help you prepare for the worst outcomes. Call us today to schedule a consultation!
What Should I Do if I Have a Pending Case in Immigration Court?
A PD likely means that your pending case may have been closed, dismissed, or postponed to a later date. If ICE tells you that it wants to reopen your case after the PD appointment, you need the services of a skilled immigration attorney. This is where we come in.
We can discuss your options and help you apply for certain types of deportation relief. Legal matters are difficult to navigate, and it would help if someone experienced in this area could steer you in the right direction. Call our Eatontown law firm today for legal advice on your current situation.
What Should I Do if Subjected to Expedited Removal?
Under Trump’s rule, the classes subject to expedited removal have been expanded. In other words, if you fit specific criteria, you can be deported without seeing an immigration judge. This includes
- People who unlawfully entered the border without being inspected and have been in the United States less than two years
- People who overstayed the Visa Waiver program
It is crucial that you get legal counsel before your supervised visit if you have been granted PD and fall into one of these categories. Deportation proceedings can be a challenging matter. Our attorney at Andres Mejer Law is here to help you! Call us today to learn more.
I Have a Final Order of Removal. What Should I Do Next?
There have been cases when a PD was granted after an immigration judge ordered the removal of an immigrant. If you did not file an appeal in your court case, this is regarded as a final order of removal, and if the government decides to stop granting PD, you may be deported at any time.
If you have a final order, ICE could deport you if you go to your check-in. There have been reports of people being told to go to an ICE facility, essentially turning themselves in for deportation. Immigration enforcement can immediately deport you once you step into your scheduled appointment.
If that happens, you should make arrangements for your children to live in the US. You may also want to have a bag packed or a list to give someone to tell them what you want packed. You can also arrange for an international calling card and accommodations in your home country.
Where Do I Find An Immigration Attorney in New Jersey to Help Me?
With the complexity of immigration law, you’ll need qualified legal representation to assist you in finding the resolution you need. Our experienced Eatontown immigration attorney at Andres Mejer Law is more than capable of handling your case. We are immigrants helping other immigrants! Andres Mejer is an immigration attorney in New Jersey with clients all over the US. He was an immigrant and wanted to help immigrants live comfortable lives.
Contact our office immediately if you have any concerns with removal or other immigration proceedings.