Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Can he be bonded out?

Posted on February 10, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have a friend that was taken into deportation and would like to know if he can be bonded out. Can you give me some guidance?

ANSWER: A wide range of INS officials have the power to arrest and detain people. The INS can arrest a person without a warrant if it has “reason to believe that the alien … is in the United States in violation of any [immigration] law or regulation and is likely to escape before a warrant can be obtained for his arrest.”

QUESTION: What happens after a person is arrested on a suspected immigration law violation?

ANSWER: S/he should be examined “without unnecessary delay” by an INS officer on his or her right to enter or remain in the United States. The officer examining the individual after arrest should not be the arresting officer unless another qualifying officer is not available and taking the person before another officer will cause unnecessary delay. If the examining officer finds prima facie evidence that the person arrested has violated the immigration laws, then the officer will place him or her in removal proceedings or institute expedited removal, if applicable.

If the INS places the person in removal proceedings, it should notify him or her of the reasons for his or her arrest. The examining officer should also inform the individual of his or her right to counsel at no expense to the government and provide him or her with a list of free legal service providers. The officer should also warn the person that any statement that s/he makes “may be used against him or her in a subsequent proceeding.”

The INS may hold a person arrested without a warrant for 48 hours or longer “in the event of emergency or other extraordinary circumstances.”¹² On or before the conclusion of this period, the INS must determine whether the individual will continue to be detained or released on bond or recognizance. It must also decide whether to issue a Notice to Appear (NTA) and an arrest warrant.¹³

QUESTION: How does INS determine who should be released and under what conditions?

ANSWER: The local INS District Office (usually the Detention and Deportation Unit) makes the initial custody and bond determinations.¹⁴ As long as the s/he is not subject to mandatory detention due to criminal or terrorist grounds, the INS may release the individual on bond or on recognizance.¹⁵

In order to be released, a person “must demonstrate to the satisfaction of the officer that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceeding.” The factors commonly considered in making the determination to release and/or set bond include: 1) Local family ties;
2) Prior arrests, convictions, appearances at hearings; 3) Membership in community organization; 4) Manner of entry length of time in the United States; 5) Immoral acts or participation in subversive activities; and 6) Financial ability to post bond.

After September 11, the government’s concern about security and intelligence gathering may also play a crucial role in deciding whether a person will be detained or released.

QUESTION: Can a person work once s/he has been released from INS custody?

ANSWER: The person can work as long as s/he is a lawful permanent resident (LPR) or is otherwise authorized to work, such as where s/he has received authorization to work based on a pending adjustment or asylum application.

QUESTION: Can a person challenge the INS’s custody/bond determination?

The regulations prohibit the following groups of people from requesting an Immigration Judge to review the INS’s custody and/or bond determination: 1) those considered to be “arriving aliens”; 2) those charged with being deportable on security, terrorism and related grounds; or 3) those subject to mandatory detention.

Even though an Immigration Judge does not have jurisdiction to redetermine custody and/or bond for the above groups, s/he does have jurisdiction to review whether the INS correctly determined that an individual does in fact belong to one of these groups.

Everyone else may request an Immigration Judge to review the INS’s custody and/or bond decisions at any time until a removal order becomes final. A request for custody and/or bond redetermination may be made orally, in writing, or by telephone, if the Immigration Judge permits in his or her discretion. If the person is detained, the request for custody and/or bond redetermination should be made to the Immigration Court that has jurisdiction over the place of detention. Otherwise, the request should be made to the Immigration Court that has administrative control over the case.

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Can you immigrate to the United States?

Posted on February 9, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I would like to know if I am eligible to come to the United States and immigrate so I can get my Green Card. I am very confused and am unsure of the possible ways. Can you shed some light on this subject?

Answer: Through family-based immigration, a U.S. citizen or LPR can sponsor his or her close family members for permanent residence. A U.S. citizen can sponsor his or her spouse, parent (if the sponsor is over 21), children, and brothers and sisters. An LPR can sponsor his or her spouse, minor children, and adult unmarried children. As a result of recent changes in the law, all citizens or LPR’s wishing to petition for a family member must have an income at least 125% of the federal poverty level and sign a legally enforceable affidavit to support their family member.

Through employment-based immigration, a U.S. employer can sponsor a foreign-born employee for permanent residence. Typically, the employer must first demonstrate to the Department of Labor that there is no qualified U.S. worker available for the job for which an immigrant visa is being sought.

Through various special related visas for religious persons or multinational managers.

As a refugee or asylee, a person may gain permanent residence in the U.S. A person located outside the United States who seeks protection in the U.S. on the grounds that he or she faces persecution in his or her homeland can enter this country as a refugee. In order to be admitted to the U.S. as a refugee, the person must prove that he or she has a “well-founded fear of persecution” on the basis of at least one of the following internationally recognized grounds: race; religion; membership in a social group; political opinion; or national origin. A person who is already in the United States and fears persecution if sent back to his or her home country may apply for asylum in the U.S. Like a refugee, an asylum applicant must prove that he or she has a “well-founded” fear of persecution based on one of the five enumerated grounds listed above. Once granted asylum, the person is called an “asylee.” In most cases, an individual must apply for asylum within one year of arriving in the U.S. Refugees and asylees may apply for permanent residence after one year in the U.S.

Question: How many immigrants are admitted to the United States every year?

Answer: Family-based immigration is limited by statute to 480,000 persons per year. There is no numerical cap on the number of immediate relatives (spouses, minor unmarried children and parents of U.S. citizens) admitted annually to the U.S. as immigrants. However, the number of immediate relatives is subtracted from the 480,000 cap on family-based immigration to determine the number of other family-based immigrants to be admitted in the following year (with a floor of 226,000). Employment-based immigration is limited by statute to 140,000 persons per year. The United States accepts only a limited number of refugees from around the world each year. This number is determined every year by the President in consultation with Congress. The total number of annual “refugee slots” is divided among different regions of the world. For fiscal year 2003, the number of refugee admissions was set at 70,000.

The numbers may sound like a large amount. However, since so many people want to come into the U.S., there are many people who have to wait 10 to 20 years to have their turn to enter the U.S. as a Lawful Permanent Resident.

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