In the USCIS' opinion: What do you think is the difference between immigrant who...?
(And both are out of status, I mean both are illegals now.)
They both have the same 'treatment' in the Bureau of Immigration?
Answer:
The first person entered the US with inspection. If there is a hearing to determine if the person should be removed, the person can put up bond and remain free while waiting for the hearing date.
The second person entered the US without inspection. He must wait for his hearing date in a "detention facility." Unbondable.
I think this is the main distinction, but things change quickly in the Immigration Law arena...
There is no difference,but at least the one with the expired visa was welcomed here at one time and a little more of their backgroung is known.
They should have the same treatment
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