Visa extension filed? Immigration attorney says ICE can still arrest you; Oakland's Chantal Morales Rojas also did her paperwork before deadline
Filing a visa extension before expiry does not guarantee protection from ICE arrest, according to immigration attorney Poonam Gupta.
Oakland resident Chantal Morales Rojas, who entered the US on a J-1 visa as an au pair, was arrested at Denver airport on July 20 for alleged visa overstay despite timely filing an extension application.
She was held at GEO Detention Facility in Aurora, Colorado, and released on a $3,000 bond after a court order.
An internal DHS memo obtained by ABC News reported at least 27 arrests at 15 airports across 9 states in recent weeks, including travelers with pending green card, asylum, and extension applications.
Gupta advises visa holders to consult immigration attorneys before booking domestic flights, as ICE is arresting people despite pending applications or lack of criminal records.