Passport Seized Pending Possible Deportation - Will It Be Returned?
Provided by HG.org
When a foreign national is in the United States, the Immigration Customs and Enforcement agency (ICE) may detain the person if he or she is a suspect in a crime. It is crucial that the individual contact immigration services or a lawyer versed in immigration matters before seeking any action that may lead for further consequences.
The ICE agency and personnel engage in possible deportation when a foreign national has participated in potential illegal behavior. Suspicion of possible criminal intent or actions may lead to detainment with possible deportation. When facing such situations, it is important to hire an immigration lawyer to determine what rights are available to the person. Even if immigration offices explain that the foreign national may remain in the country, this could change based on the charges and possible conviction of illegal acts. A lawyer would need to disprove that the person has become party to these alleged crimes for deportation to cease.
The Passport in ICE Cases
When a foreign national is facing possible deportation, he or she will no longer possess the passport. This is taken when detained for possible criminal activity. One of the primary concerns with any foreign national in the United States with some form of a visa is that he or she may commit a crime. Most instances of proven criminal activity involve deportation or criminal charges and removal from the country. For further information about the passport and visa paperwork, it is important to contact the ICE officer in charge of the case for possible removal from the United States. However, retrieval of the passport itself may only occur when granted relief in court.
Detainment of Foreign Nationals
When the ICE department detains someone form another country suspected of involvement in a crime, he or she may remain in this type of custody for weeks or months. The investigation may occur behind the scenes without any interaction with the detained person. However, even suspicion of the individual having participated in a criminal act may lead to deportation. The foreign national needs to have a clean record to remain in the country. If a violation of rights for this person occurs, he or she may need to contact a lawyer for assistance. It is important to retain legal help so that he or she may remain in the United States when no actual crime took place.
ICE may process the foreign national and then start the process for deportation after he or she is a suspect in criminal activity. However, it is important that no documents receive a signature without full understanding of what the paperwork says. When English is not the first language of the person, he or she may need a translator for complete awareness of the information supplied in these situations. Additionally, the individual may face aggressive interrogation where he or she may make statements that incriminate him or her even when no actual criminal activity took place.
Legal Processes and the Passport
Before a foreign national may receive his or her passport back after seizure, he or she needs to process through the legal system. A court judgement is necessary for relief in these matters. This could lead to a conviction within the country or a resolution to the case. Even in instances where relief granted through a judge occurs, the passport may remain with ICE agents until a determined time later. This may prohibit travel outside the United States, but it may also lead to deportation based on the circumstances of the charges. It is essential to hire a lawyer in these situations for a consultation of the event and to know what to do next.
The immigration officers may not provide any details to the foreign national before a process starts. If English is not the primary language spoken by this person, he or she may face serious consequences when details supplied are not in his or her native tongue. Without legal assistance in these matters, the individual may sign or give a statement that incriminates him or her. Then, deportation may occur at the end of the proceedings. However, when a lawyer’s hire happens, the legal representative may protect the person from an automatic deportation. It is possible to defend against allegations through legal support and resolve the situation entirely. It is after everything concludes that the passport may return to the foreign national and deportation processes cease. The lawyer may have more details for this person.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.