| Question: I have been out of status for a number of | | | | Redetermination Hearing to get bonded out or become |
| years. Currently, I have a couple different petitions | | | | free while the immigration case is going forward. Then, |
| going forward. Once is a sibling based family petition, | | | | over the next six months to two years, you will |
| and the other is an employment based Labor | | | | present your case in front of the Immigration Judge |
| Certification. I was told that it would take about another | | | | with the hope of winning. |
| three to four years to be able to adjust my status to | | | | Question: Am I entitled to an attorney? |
| that of a Lawful Permanent Resident. There have | | | | Answer: Yes. You have every right to have an |
| been many news stories of people begin picked up by | | | | attorney represent you through these proceedings. |
| INS and deported, I am afraid for myself, my wife and | | | | However, unlike criminal cases, you must pay for the |
| my children. Can I just be deported? | | | | attorney to help you. The State will not provide one |
| Answer: Under most circumstances, the answer is no. | | | | free of charge. |
| Because you are here in the United States, you are | | | | Question: How can the U.S. Constitution protect |
| allowed the opportunity to go in front of an Immigration | | | | someone in my position? |
| Judge. Only if you had a previous deportation order | | | | Answer: Because the U.S. Constitution gives people |
| can INS just take you and deport you without giving | | | | their rights as free persons in this country. If the U.S. |
| you a hearing. It is your constitutional right. Unlike many | | | | Government were to just pick someone up and |
| other countries around the world, even if you are not a | | | | deport them, there would not be any safeguards |
| citizen or a lawful permanent resident of the United | | | | against possible mistakes they may make. Also, the |
| States, you are entitled to due process. This means | | | | law allows people who are out of status to obtain their |
| that you have an opportunity to present your case, to | | | | Green Cards based upon certain criteria. The |
| question witnesses, to cross examine witnesses who | | | | government allows you to present that evidence. Just |
| testify against you, to apply for relief or ways of | | | | remember that this is the best country in the world to |
| staying permanently in the United States and to appeal | | | | live in (no offense to those people elsewhere) and one |
| decisions of the Immigration Judge that you are not | | | | reason it is such a great place to live is because |
| satisfied with. | | | | individual rights are valued and treasured by our |
| Question: What exactly might happen? | | | | Constitution. However, the United States Government |
| Answer: Each case is different. However, if you are | | | | seems to be taking various rights away from certain |
| targeted by INS, you should be served with what is | | | | immigrants. Therefore, you will have to make certain |
| known as a Notice to Appear. This is the beginning of | | | | that you contact an immigration attorney right away in |
| the process. You might be taken into custody upon | | | | order to protect your rights and not be wrongfully |
| which you would be able to try to get a Bond | | | | deported. |