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Bond, Entry Without Inspection & The Possibility of Cancellation of Removal

It is well known and established that several people enter the United States illegally in hopes of finding a chance to survive and escape unbearable conditions in their home country.  Often this leads to multiple illegal exits and reentries. Eventually, someone in this Entry with Inspection Status (“EWI”) may marry a U.S. citizen or have children in the United States and go undetected by the authorities for years and even decades.   However, an individual in EWI status may finally be detected by ICE authorities and detained.  It is a horrifying reality that haunts a person with EWI status.

The key issue then becomes, can someone in EWI status be eligible for a Bond once caught and held by ICE authorities? Does being married to a U.S. Citizen spouse or having U.S. citizen children make a difference? Can one obtain a Bond if they have left and then reentered the U.S. prior to being caught? This short article provides possible legal defense and relief options to discuss with an experienced U.S. Immigration attorney.

If you or someone you know is in a situation similar to what is described above, 8 C.F.R. § 244.1 provides relief for someone in EWI status who has left the U.S. for a “brief, casual and innocent absence” and reentered to still be eligible to fight removal from the United States.  The primary relief is called “Cancellation of Removal”.  Once it can be demonstrated to an Immigration Judge that an individual in EWI status has relief options, and a viable defense in court, the chances of obtaining Bond increases significantly.

Cancellation of Removal has strict statutory requirements such as having resided in the United States for 10 years except for brief exits from the country, as described above.  Likewise, recent new case law has emerged that provides additional defense for someone who entered in EWI status but was eventually granted advanced parole.

It is essential to contact an experienced Immigration lawyer to navigate one’s way through the complexity of the Immigration court system if detained and in EWI status.  We invite you to contact our lawyers at info@scottcclaw.com or call us today at our telephone numbers listed conveniently at www.scottcclaw.com.


ScottMond Law Firm


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