Immigration INFO: Immigration News For Our Community

May 04, 2014 News

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Attorney Gail S. Seeram,
[email protected]

Through this “Question & Answer” column, our goal is to answer your immigration questions.  We appreciate your comments and questions.  If you have a question that you would like answered in this column, please email: [email protected].
Question #1:    I applied last July for a vacation visa but was denied. A friend of mine referred me to a Cruise Ship Company where I want to apply for a crewmember visa since I am enthusiastic when it comes to quality customer service. Having been denied a vacation visa would this affect my application in being granted a Crewmember Visa to travel? Kindly advise me on this situation before submitting my application.
Answer #1: A visitor visa and a crewmember visa are both non-immigrant visas so you will have to prove no intent to leave Guyana and emigrate abroad.  You will have to show strong financial, property and family ties in Guyana.

Question #2: I am 16 years of age.  My aunt has came to Guyana for my sister’s funeral and she wants me to go visit her for only 2 weeks in the USA.  I want you to please help me what can I do?   Am I too young for that?
Answer #2: There is no minimum age to apply for a visitor visa.  You can apply at age 16.
Question #3: My in-laws filed a sponsorship petition for my family and me in October 2006 and my parents did the same in January 2007.  Both parties are permanent residents. The questions are; what will be the outcome of that?  How long will it take for my sponsorship to be processed?
Answer #3: For unmarried children (over age 21) of a permanent resident, visas currently being issued are for petitions filed on or before February 2007.  I assume you and your “wife” are not legally married and will process separately through each of your parents’ petitions since a permanent resident cannot petition for a married child.
Question #4:  If someone turned their green card in at Guyana Embassy can that person get back a green card?
Answer #4: Yes, they would have to be sponsored again by an eligible family member.
Question #5:  My case is under F3 with priority date of 23 Aug 2003. It has been approved and pending at NVC to be current for a visa. However, my daddy passed away in June 2012 so I am not sure if my case is eligible for humanitarian reinstatement?
Answer #5: Yes, you can apply for humanitarian reinstatement.  This is done in the U.S.  It is not an automatic process and you have a high burden to prove why the authorities should reinstate the petition and substitute a sponsor.
Immigration Bond & Detention Issues
Detention has become more prevalent for undocumented individuals in the United States.  If an undocumented individual is detained by Immigration and Custom Enforcement (ICE), then applying for a bond is an option.  Getting a person released from an immigration detention facility is a complicated matter.
At the very least, it is more difficult and time-consuming than getting a person released from a state jail after arrest on criminal charges.  Nevertheless, if your loved one is in ICE detention, do not assume he or she will be deported, and do not lose hope. Of course, because every detainee’s case is different, it is advised that you consult with an experienced immigration attorney.

WHO IS NOT QUALIFIED FOR AN IMMIGRATION BOND AND IS THEREBY SUBJECT TO MANDATORY DETENTION?
The Immigration and Nationality Act lists specific categories of criminals who are subject to “mandatory detention.”
The categories include: persons not lawfully admitted who have committed an offense covered in Section 212(a)(2) of the Act, which includes crimes involving moral turpitude, controlled substance violations, drug trafficking, prostitution, trafficking in persons, and money laundering.
Also, persons lawfully admitted who have been convicted of multiple crimes involving moral turpitude, an aggravated felony, a drug crime (except for simple possession of small amounts of marijuana), and certain firearms offenses.

WHO GRANTS THE IMMIGRATION BOND AND WHO DETERMINES THE DOLLAR AMOUNT?
Immigration bonds are granted by either Immigration and Customs Enforcement (ICE) or an immigration judge.  Either party sets the bond to ensure the immigrant’s appearance at future court proceedings.
So, for example, if ICE sets a bond of $5000, and the detainee’s family posts that amount at an ICE field office, then the person will be released.  ICE will return the $5000 if the ex-detainee shows up for all his court hearings.  If he misses a court hearing, then the $5000 will be forfeited.
In any case, the immigrant or his attorney can also request a bond from an immigration judge.  Depending on the region of the country where the person is detained, requesting a bond hearing may be the fastest way to get a person released from immigration detention.  Once a formal request for a bond is made, the immigration court will calendar a bond hearing.
At the bond hearing, the judge will set a bond amount after making a determination of whether the detainee is a flight risk or danger to persons or property.  The immigration judge considers many factors, on which evidence may be presented by either party.  These include: the immigrant’s family and community ties to the United States, length and seriousness of criminal history, financial stability, history of immigration violations, length of residence in the United States, and history of appearances before courts.
Even at bond hearings, you or your attorney may be able to negotiate a bond amount with Immigration and Customs Enforcement.  When an agreement as to the bond amount is reached, the immigration judge will often accept this number.

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