Legal Question in Immigration Law in California

Proceedings for Removal

To Whom It May Concern,

I entered the country as a tourist. My VISA has since expired. I applied for Labor Certification with my employer. Now I don't have any identification with me except the letter from DOL about my application. If the Border Patrol check me can they pick me up and start Removal Proceedings on me? Will I be bailed after being arrested?

Thank you very much.


Asked on 6/26/04, 5:05 am

1 Answer from Attorneys
Sergei Shevchenko Barshev, P.C., a Law Corporation

Re: Proceedings for Removal

Pending Labor Certification does not provide any protection as it does not make you legal. Border Patrol as well as other entities of the Department of Homeland Security are obligated to put you in removal proceedings. Depending on a local Immigration Court policy, the Judge may continue w/proceedings to allow you await the results of labor certifications. It all depends on the fact of your case. If you want to explore the strenght of your defence, give me a call at (310) 285-1552.

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Answered on 6/26/04, 1:41 pm


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