Detained by Immigration? How this affects your record and future in the U.S.

Being detained by an ICE or CBP immigration agent is one of the most frightening experiences a person can have in the United States. Beyond the fear of that moment, it is important to understand that a detention creates a permanent mark on your record that can completely change your chances of obtaining legal status in the future.

This article will explain in a simple and clear way what really happens after an immigration detention and how this impacts any application for papers you may want to make.

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What happens immediately after an arrest?

From the moment you are detained, the government begins to create an official record about you that is not erased over time. Here's what happens:

1. You are assigned an "A-Number": If you did not have one, you will be given an Alien Registration Number (known as an "A-Number"). This 8 or 9 digit number is like your identity card for the entire immigration system. It will be used to track everything about you.

   
   

2. They take your fingerprints and photos: Your biometric data (fingerprints and photos) are entered into federal databases that are shared with agencies such as the FBI and the Department of Homeland Security (DHS).

   
   

3. Start a deportation case: In most cases, you will be served with a document called a Notice to Appear (NTA). This paper is the formal start of deportation proceedings against you before an immigration judge. The NTA explains why the government believes you should be removed from the country (for example, for entering without permission).

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Having a detention record impacts any future paperwork you do, whether it is for asylum, a visa, a pardon, or residency.

The government now has its own version of your story.

Before the arrest, perhaps there was no official record of how or when you entered the country. Now there is. The government has documented where, when and how you were found. If in the future your story does not match what they have on record, you can be charged with fraud.

It complicates obtaining residency ("Adjustment of Status").

To obtain permanent residency within the U.S., most people need to prove that they had a "legal entry". A detention at the border is official proof that you entered without permission, which can disqualify you from arranging papers inside the country unless you meet a very specific exception.

It affects the officer's "good will"

Many benefits, such as pardons, depend on an officer or judge using "favorable discretion" and deciding to give you a chance. A history with an arrest can be viewed negatively and work against you.

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If this is not your first encounter with immigration, the consequences are much more serious.

• If you already had a deportation order: If you were deported before and re-entered without permission, the authorities can use that old order to remove you again, this time without taking you before a judge. This is called "reinstatement of removal.

  
  

• If you left and re-entered without permission: If you lived in the U.S. without status for more than a year, left and then re-entered illegally, you may have a permanent bar that prevents you from obtaining residency or a visa in the future.

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What are your legal options? An arrest is NOT the end of the road

Although the situation is very serious, being detained does not mean that you will automatically be deported. You have rights and options.

• Right to an attorney: You have the right to hire an immigration attorney. Although the government does not pay for it, having a lawyer greatly increases your chances of winning your case.

  
  

• Fight your case in court: A good lawyer can review your case and fight your deportation. Sometimes, the government makes mistakes on the "Notice to Appear" (NTA) or you may be eligible for immigration relief.

  
  

• Ask for bail: In many cases, you can ask a judge to set bail for you. If you pay it, you can leave the detention center and fight your case at liberty.

  
  

• Apply for immigration relief: Even if you are in deportation proceedings, you may be able to apply for benefits such as asylum (if you are afraid to return to your country) or cancellation of removal (if you meet very strict time-in-country and family requirements).

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Frequently Asked Questions (FAQ)

If I am detained by immigration, will I be deported immediately?

Not necessarily. A detention is the beginning of deportation proceedings. You have the right to present your case before an immigration judge, unless a rule such as "reinstatement of a prior removal order" applies.

What is the first thing I should do if a family member is detained?

The most important thing is to try to get their Alien Number ("A-Number") and contact an immigration attorney as soon as possible. Do not sign any document without fully understanding it.

Can I fix papers if I have an immigration detention record?

It is more complicated, but not always impossible. It depends on the details of your case, your entire record, and whether you are eligible for any type of immigration pardon or relief. A lawyer is the only person who can give you a clear answer.

Is an immigration detainer the same as a criminal arrest?

No. An immigration detention is a violation of federal civil law, not a crime in most cases (unless there are other charges). However, both go on your record and can affect you.

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Do you need a lawyer to help you get your papers in the United States?

At Inmigración Ok Abogados, we provide you with the help you need. We are a law firm with extensive experience in helping people like you to settle legally in the country.

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Let us be part of your journey to a better and safer life in the United States. Our team is ready to answer all your questions and guide you through every step of the process, and best of all, your initial case review is free of charge!

Don't wait any longer and take the first step towards your future in the U.S. Write to us now to our WhatsApp al +1 (908) 585-4523! Our team looks forward to hearing your case and providing you with the advice you deserve. We will review your case free of charge.

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