The trouble with Bond and poorly drafted NTAs

The NTAs (Notices to Appear) they draft in Tampa here are usually not so good, and the failure of the office to draft good NTAs can cause real world problems. Take my recent client, who was convicted of assault and battery and sentenced to probation (no jail time). ICE arrested him and the NTA charged him as an aggravated felon because they said his crime of violence was punished by a sentence of more than one year in jail.

The wrong charge on the NTA affected my client greatly as he was held in KROME with dangerous criminal aliens -- murderers, rapists, drug dealers -- rather than with the aliens he should have been held with.

The wrong charge did not hurt my client for too long, and I got him qualified for bond Friday morning, with the assistance of the wise ACC Michael Mansfield. The aggravated felony charge (which normally forbids bond) was ignored by Mr. Mansfield and a reasonable bond was set. I had the bond paperwork in my hand at 8:15 a.m. My client should get out that day from KROME easily right? Right?

Not so easy. Although the IJ ordered bond at 8:15 a.m., the Deportation Officer in Miami in charge of my client's case did not have the paperwork for the bond until close to 2 p.m. My client's father, who was at Tampa CIS waiting to provide the bond, had to just sit and wait from 10 a.m. to 2 p.m. until they finally let him post bond. I have to acknowledge the great work by Tampa ICE making sure that my client got released the same day from KROME, as generally bond provided that late does not ensure a same day release.

My client was free at 8:45 p.m. His father was there waiting to pick him up. Now we will go to Orlando to return my client to his lawful permanent resident status.

General Information about local immigration

The main Citizenship and Immigration Services ("CIS") office is located at 5524 West Cypress Street, Tampa, FL 33607. There is no phone number for the public. You may make an appointment to speak with an immigration information officer by going to www.uscis.gov and utlizing the Infopass system. This CIS office handles the following counties: Citrus, Charlotte, Desoto, Hardee, Hernando, Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, and Sarasota.

Typically appointments are made at this office for people having interviews for purposes of attaining lawful permanent residence or citizenship. There is an office of Customs and Border Protection located at the same office, and I encourage people who are illegally present or who have been ordered deported in the past to NOT got to the office for any reason.

Few applications are filed at the local office anymore, but applicants may make appointments there to check on the status of their filed and pending cases.

Remember that the Immigration Officers you see are human, and that they are unlikely to respond well if you treat them poorly. It is in your best interest to dress well, smell good, and to treat the Immigration Officer well at any appointment you have.

The main benefit a competent immigration lawyer will bring to your interview is that you will be prepared in advance for questions you will get, and that the lawyer will be there to keep a record of the entire interview. A competent lawyer will also never let you file an application that will result in your arrest and possible deportation.

Neil F. Lewis -- Tampa Immigration Attorney since 1997

I have been an immigration attorney since 1997, and have only focused on immigration law since I started my own practice. I am a graduate of the University of South Carolina, where I got my B.A. on Journalism, and then I went on to the College of William and Mary for law school, graduating in 1996. I moved to Tampa and had a job with a local attorney for a short time before opening my own practice in 1997.

I love practicing immigration law, because it is one of the few fields in the law where I can help people without hurting other people. When most lawyers win, someone else loses. When my clients win, they win and the US wins as well.

I am active in the American Immigration Lawyers Association, and held a variety of leadership posts back in 2000 - 2003. I have three lawyers at my law firm, and we primarly handle removal/deportation, family immigration and adjustment of status, complicated waiver issues and applying for people to return after deportation, and we handle all business immigration issues.

I offer a free initial consultation, and I like to only be hired when I can do something for my clients. Regrettably I cannot win every case I take, but I pride myself on giving my clients a realistic expectation of their chance for success when they hire me for a case.