tag:blogger.com,1999:blog-81537503742084437472024-02-08T04:32:02.954-08:00Hawaii Deportation LawyerJames C. Tai, Esq.http://www.blogger.com/profile/13484890470577972953noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-8153750374208443747.post-50088356648441582482010-04-09T22:48:00.001-07:002010-04-09T22:49:48.947-07:00Detention/Immigration Bonds<span class="Apple-style-span" style="font-family: Verdana, Arial, sans-serif; font-size: 12px; line-height: 16px; "><p> <b><span style="color:#273168;">Two main Types of immigration </span></b><span style="font-family:Arial;font-size:85%;color:#273168;"><b>Bonds</b></span><b><span style="color:#273168;"> are:</span></b></p><ul style="color: rgb(39, 49, 104); font: normal normal normal 12px/16px Verdana, Arial, sans-serif; "><li class="body"><span style="font-family:Arial;font-size:85%;"><b>Delivery Bond</b><br />An alien that is arrested by the Bureau of Immigration and Customs Enforcement (ICE) and issued a Warrant of Arrest (Form I-205) and a Notice of Custody Conditions (Form I-286) may be eligible for a delivery bond. The amount of a delivery bond should be sufficient to ensure that the alien will appear for any future immigration proceedings.</span></li><li class="body"><span style="font-family:Arial;font-size:85%;"><b>Voluntary Departure Bond</b><br />An alien who is allowed to depart the country voluntarily after being placed in removal proceedings status (or in lieu of such proceedings) has been granted Voluntary Departure. The Immigration Judge may, and in nearly all cases will require that the detainee post a bond in an amount that will ensure that the alien departs the United States within the time specified.</span></li></ul><div><span class="Apple-style-span" style="font-family:Arial;color:#273168;"><span class="Apple-style-span" style="font-size: small;">Generally, you will need the following information and/or documentation:</span></span></div><div><span class="Apple-style-span" style="font-family:Arial;color:#273168;"><span class="Apple-style-span" style="font-size: small;"><span class="Apple-style-span" style="color: rgb(0, 0, 0); font-family: Verdana, Arial, sans-serif; font-size: 12px; "><ul style="color: rgb(39, 49, 104); font: normal normal normal 12px/16px Verdana, Arial, sans-serif; "><li class="body"><span style="font-family:Arial;font-size:85%;">Alien's Full Name</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Alien Registration Number</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Name of the facility where the alien is being held</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Alien's home address</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Alien's date of birth</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Alien's country of birth</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Bond Amount</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Name of the person posting the bond</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Valid address for the person posting the bond</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Valid Social Security Number for the person co-signing & requesting the bond posting.</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Valid phone number for the person/s posting the bond</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Acceptable forms of identification for co-signer/s.</span><ul style="color: rgb(39, 49, 104); font: normal normal normal 12px/16px Verdana, Arial, sans-serif; "><li class="body"><span style="font-family:Arial;font-size:85%;">Permanent Resident Card - Green Card.</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Passport with appropriate stamps</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">Valid State driver's license.</span></li><li class="body"><span style="font-family:Arial;font-size:85%;">State identification with proof of immigration status. </span></li></ul></li></ul></span></span></span></div></span>James C. Tai, Esq.http://www.blogger.com/profile/13484890470577972953noreply@blogger.com2tag:blogger.com,1999:blog-8153750374208443747.post-15718301667878630352010-02-03T12:06:00.000-08:002010-02-03T12:08:31.373-08:00Immigration Court Practice Manual<a href="http://www.justice.gov/eoir/vll/OCIJPracManual/ocij_page1.htm">Link</a>James C. Tai, Esq.http://www.blogger.com/profile/13484890470577972953noreply@blogger.com3tag:blogger.com,1999:blog-8153750374208443747.post-66237823196195717452010-01-20T13:13:00.000-08:002010-01-20T13:17:06.784-08:00Hawaii Immigration Court (Visitor Information)<a href="http://www.justice.gov/eoir/sibpages/hon/visitorinfo.htm">http://www.justice.gov/eoir/sibpages/hon/visitorinfo.htm</a>James C. Tai, Esq.http://www.blogger.com/profile/13484890470577972953noreply@blogger.com0tag:blogger.com,1999:blog-8153750374208443747.post-51381541758389934782010-01-06T10:45:00.000-08:002010-01-06T10:48:05.546-08:00Top 10 Immigrant Rights Victories of 2009 (change.org)I have tried to make the most inclusive list, in terms of immigrant rights in the United States. If you feel that there is a victory I missed, kindly comment and I'll review it for honorable mention. In no particular order:<div><br />1. Death to the widow penalty<br />2. Lou Dobbs Deported from CNN<br />3. Repeal of HIV Travel Ban<br />4. Wisconsin Wins Instate-Tuition for Undocumented Students<br />5. Health care: Congress Passes SCHIP; Removes 5 Year Wait for Legal Immigrants<br />6. Education Not Deportation: Immigrant Youth Fight to Halt Deportations<br />7. HPV Vaccines No Longer Required<br />8. Restrictionism Loses Steam and Elections<br />9. Asylum for Battered Women<br />10. Record number of Hispanic Appointees<br /><br /></div><div><a href="http://immigration.change.org/blog/view/top_10_immigrant_rights_victories_of_2009">Full article </a></div>James C. Tai, Esq.http://www.blogger.com/profile/13484890470577972953noreply@blogger.com0tag:blogger.com,1999:blog-8153750374208443747.post-7023324261615318962010-01-06T10:26:00.000-08:002010-01-06T10:28:51.146-08:00Voluntary Departure – what to do BEFORE you leave (from immigrationnewsradio.com)<span class="Apple-style-span" style="font-family: 'Lucida Grande', 'Segoe UI', Verdana, Arial, sans-serif; font-size: 12px; color: rgb(51, 51, 51); line-height: 19px; ">If you are in removal proceedings in immigration court, but married to a US citizen, one form of relief is to request voluntary departure. That is, unless you have accumulated unlawful presence in the US. Be sure to speak to an immigration attorney before deciding to either simply leave the US without going to court, or taking voluntary departure in court. <a href="http://www.immigrationnewsradio.com/asylum/voluntary-departure-what-to-do-before-you-leave#more-292">Full Article from Immigrationnewsradio.com</a></span>James C. Tai, Esq.http://www.blogger.com/profile/13484890470577972953noreply@blogger.com0tag:blogger.com,1999:blog-8153750374208443747.post-64876086873783243612009-12-26T13:19:00.000-08:002009-12-26T14:47:20.971-08:00Q/A: Can USCIS search my foriegn criminal records?It is unlikely that USCIS will search foreign criminal records. However, this depends on the specific action/petition being filed. For example, if a petitioner is applying for naturalization/citizenship, a FBI background check will be performed. It is unlikely that any foreign records will be searched (unless specifically asked for in the petition). However, if you are applying for a visa abroad, such as a visitor, fiance, or student, your foreign criminal records will be searched by the overseas consulate to determine your eligibility for a visa. This is not controlled by USCIS or Homeland Security, but rather by the U.S. Department of State. Further, investigations are done by the U.S. consulate in any given country. <br /><br />www.pimpros.comJames C. Tai, Esq.http://www.blogger.com/profile/13484890470577972953noreply@blogger.com0tag:blogger.com,1999:blog-8153750374208443747.post-26982700206802188932009-08-19T14:50:00.001-07:002009-08-19T14:51:36.741-07:00KHON2's Provides Immigration and Naturalization ResourcesSee <a href="http://www.khon2.com/guides/legal/immigration/default.aspx">Link</a>James C. Tai, Esq.http://www.blogger.com/profile/13484890470577972953noreply@blogger.com0tag:blogger.com,1999:blog-8153750374208443747.post-2419772707206773002009-08-19T14:45:00.001-07:002009-08-19T14:45:51.231-07:00Important Things to Know if You are Detained1. If you are arrested by the police, do not volunteer information about your immigration status to them. (However, if you are represented by a criminal defense attorney, make sure that you disclose your status to the attorney, so they can advise you of the immigration consequences of any plea deals that you take).<br /><br />2. If you are arrested by Immigration and Customs Enforcement (ICE), you have the right not to sign any statements or documents. DO NOT volunteer any information about your status, as anything you say can be used against you at a later time. DO NOT lie to the immigration officer, as lying about your status can result in serious punishments. SAY YOU WANT TO SPEAK TO A LAWYER.<br /><br />3. Once you have been processed, make sure you write down the name and phone number of the immigration officer assigned to you. You should also be given a "Notice to Appear" (NTA), which will contain the charges against you. Make sure you have your alien registration number (A11 111 1111). If you do not know your number, try to contact a family member.<br /><br />4. You have the right to make a phone call. Call either your family or an attorney.<br /><br />5. Always keep your legal documents with you at all times. Make sure that your documents are not processed as "personal property". Make sure that your family also has a copy of your legal documents.<br /><br />6. If your family does not know where you are detained, they can call ICE headquarters at 202-305-2734, or go online at http://www.ice.gov/about/dro/contact.htm. They will need your full name and your alien registration number.<br /><br />7. Your family may be able to visit you while you are detained. DO NOT HAVE UNDOCUMENTED FAMILY MEMBERS VISIT YOU.<br /><br />8. You should always request a Bond Hearing. Payment of the bond will allow you get out of detention pending your case. A bond is moneys paid to the government to guarantee that you return for the hearings. Some people maybe released without a bond, such as women who are pregnant. Some people are not eligible for a bond, example, if you have a previous deportation order, if you have certain criminal convictions, if you were arrested at the border or airport, or if the government suspects you of having terrorist ties. You can request that the immigration judge lower your bond, if you can not afford the amount set. The judge has the power to lower the bond to $1500.<br /><br />9. At the bond hearing, you want to the convince the judge that you are not a risk to flee if bond is granted. Make sure you bring to the bond hearing any documents that show you have a permenant address, stable employment, relatives with legal status in the US, or any documents showing evidence of strong ties to the communitiy. Testimony from family members and friends is also helpful at bond hearings. Written letters of support can also be used.<br /><br />10. If you have criminal record, you need to get a copy of your criminal history. This can be obtained in the Clerk's office of the County where you were convicted or arrested. If you previously had a criminal defense attorney, they will also have criminal records.<br /><br />11. You do not have the right to a free attorney in immigration proceedings. Once you have been detained, the case can move forward very quickly. Therefore, you need to contact an attorney AS SOON AS POSSIBLE.<br /><br />12. The deportation officer should give you a list of free legal service providers. If he/she does not provide you with one, ASK.<br /><br />13. When hiring attorney, make sure they have experience with deportations. Make sure that the attorney has seen your NTA before he/she makes any promises of what he/she can do for you. Always request a written contract (engagment letter or retainer agreeement) with your attorney. Always keep the engagement letter or retainer agreeement with you. Always keep all correspondences between you and your attorney.<br /><br />14. There are generally 2 types of hearings after you are detained, "Master Calender", and "Individual Hearing". A master calender is short hearing where you can tell the judge whether you wish to contest the deportation. You can also ask for additional time to find an attorney, if you wish to contest. If you proceed without an attorney, DENY the charges, and make the government prove thier case. If you are applying for a way to stay in the US legally, you will have an individual hearing.<br /><br />15. If you are contesting the deportation, you can ask the judge at the master calender hearing for voluntary removal. This may avoid later penalties, barring you from re-entering the US.<br /><br />Detailed information about the above can be found at National Immigration Project. <a href="http://www.nationalimmigrationproject.org/ImmRightsRes/crkit_files/KYRDetention.pdf">Link</a><br /><br />James C. Tai<br />jtai@hortai.com<br />www.hortai.comJames C. Tai, Esq.http://www.blogger.com/profile/13484890470577972953noreply@blogger.com0