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A Chinese student who has been living in the United States for nearly 10 years was detained by ICE while entering Los Angeles. Although they have been allowed to leave the country voluntarily, they still have to wait for arrangements and can buy another air ticket to return home.
holding a personinternational students A Chinese man with a visa to come to the United States recently arrived by flight from San Franciscolos angeles was intercepted at that time and has beensnow Kept in custody for several days. The client had lived in the United States for approximately ten years and had no criminal record. He had already decided to leave the United States and had booked a flight back to China in the near future. Unexpectedly, he was accidentally arrested before he could leave.
Tiffany Jiang, head of the National Immigration Office, presented the case. The man surnamed Chen arrived at Los Angeles International Airport in mid-October. He was stopped and searched while leaving Customs, and later transferred to ICE custody. It is reported that Chen Nan has booked a flight ticket to return to China in December. He originally planned to leave the United States and never return. This time he went to Los Angeles to deal with personal matters and also wanted to say goodbye to his friends for the last time.
It is reported that Chen Nan came to the United States as an international student 10 years ago. At that time he was only 20 years old. He applied for political asylum while his student status was valid, in hopes of gaining work eligibility. However, for several years the application for interview has not been arranged, nor has the green card been obtained. He has been waiting in the United States for nearly 10 years, and has never returned to China. He has lived in San Francisco and Los Angeles for a long time.
In recent years, as immigration policies have become stricter, Chen Nan believed that her chances of successfully applying for political asylum were lower. Due to the high cost of living and high economic pressure in the United States, he decided to return and settle in China. “The customer’s parents are both in China, and the family’s financial situation is also good. He can live a more comfortable life after returning to China,” Yifan said.
While in custody, Chen Nan tried to apply for voluntary departure, but failed to do so successfully. He then decided to assign a lawyer to handle the case. The lawyer has now assisted them in appearing in immigration court and applying before the judge for voluntary departure, which has been approved. However, approval of voluntary departure does not mean that the person concerned can be immediately released.
Yifan said that if the person wants to leave the detention center first, he or she must pay a bail amount of at least 10,000 yuan. Otherwise, you will have to remain in the detention center and wait for ICE to confirm a specific departure date, which could take two or three weeks if everything goes well. The man surnamed Chen decided not to apply for bail for the time being. He had previously booked a ticket to return to China in December, but because he could not meet the ICE departure time, he needed to buy a new ticket.
Talking about the situation of Chinese people who choose to leave the country voluntarily after being detained by ICE, Yifan said that many people do not choose to leave the country voluntarily. Most people still hope to remain in the United States, strive for the opportunity to remain legally, and evaluate whether to apply for bail based on the circumstances of the case. If the bail application is not approved, you can also consider seeking release through legal means such as habeas corpus, and continue the immigration court process, and the case will be heard by an immigration judge. If the judge’s decision is adverse, in some cases an appeal may be made in accordance with the law, depending on the circumstances of the case.
Is there a chance to come to the United States again after voluntary departure? Yifan said that theoretically it is still possible, but whether he can obtain a visa and pass the entry review in the future depends on his personal situation and the immigration policy at the time. There is no guarantee that he will be able to re-enter.
Summary FAQ
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After arriving at Los Angeles International Airport from San Francisco, he was stopped and searched while exiting customs, and later transferred to ICE custody. The client originally went to Los Angeles only to handle personal matters and say goodbye to friends, but he was unexpectedly arrested before leaving the country.
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He has been in the United States for approximately 10 years and has no criminal record. He has already purchased a ticket to return to China in December and plans not to return to the United States. However, he was still transported by ICE because he was inspected upon entry. Later, the lawyer helped request a voluntary departure and the judge approved it.
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Because approval of voluntary departure does not mean immediate release. If you don’t pay a bail of at least 10,000 yuan first, you will have to stay in the detention center and wait for ICE to confirm the departure date, which usually takes 2 to 3 weeks, and also have to rebook the original air ticket.
