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Modern Law Group, PC www.LawOfficeImmigration.com (888) 902-9295 / +1 (619) 755-9822 (SMS/Text/Telegram/WhatsApp...) One of the most common type of cases that we have here at Modern Law Group is that of asylum or Removal Defense. Usually that starts out with a client come into the Southern border and asking for asylum from a border patrol officer, many times that is done at a port of entry, that's the right way to do it. Oftentimes it is done by somebody crossing over into the United States, getting caught, either intentionally or unintentionally, and then asking for Asylum. The first of those options, which is coming to a port of entry and asking for asylum, means that you're an “arriving alien”. When you get caught, either in the United States or crossing in, but actually present to the United States you are an “Alien Present in the United States” These are two unique classifications that allow different options to get you out of detention. As an arriving alien only ICE, which is Immigration and Customs Enforcement, has the authority to let you out. A judge does not initially. So many times we're asked to go in front of a judge and ask for bond - that doesn't work if you've come to the port of entry and asked for asylum only ICE. So what we do is we submit a packet of information, typically with a sponsor, to ICE stating the reasons that you should be let out of detention to pursue your case in the non-detained unit. That means you're still going to go to court, you're still going to fight your case, but you're not going to be in jail while doing it. That's usually the number one goal of people when they first enter the United States. In other cases where you've crossed into the United States, or maybe you've been here for some time and you're caught, then you are an alien present without admission. That gives you two options to be released - through ICE and through the courts. Sometimes ICE is a little less likely to let you out because you've already violated the rules and maybe they don't trust that you're going to show up because you've already shown a disregard for the rules. But oftentimes we are able to get you out through them. In other cases, we have to go to the court. So when we go to the court, we ask them for a bond. And to the judge, we present evidence that would suggest that you're not a flight risk, that you're not a danger to the community, that you're not a national security risk, that you're going to show up for your future hearings. Now, many times that means there's a sponsor or somebody vouching for you. Often it helps that you've hired an attorney to help you throughout the entire process. The judge then makes a determination of two things. Number one, are you eligible and will you be granted a bond? Secondly, the amount of the bond. The statutory minimum of a bond is $1,500. And it's pretty rare, quite frankly, that those are issued for such a low amount. They're usually for more. And sometimes we can make an agreement with the Homeland security attorney, to set that amount in a reasonable amount that's affordable for our clients. So this is an overview of that process that starts at the beginning, and hopefully ends with you being in the non-detained unit to pursue your asylum case. If you'd like some more information about it, feel free to give us a call (888) 902-9285