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NewsTelemundo 51 Miami – MainAugust 26, 2026Miami-Dade

Immigration attorney outlines risks for visa holders and asylum seekers regarding ICE detention and status

Immigration attorney Avelino González warns that individuals who overstay their authorized visa periods face potential 10-year immigration penalties, even if they have pending asylum applications. The discussion highlights increased ICE detention risks, the upcoming termination of TPS for Salvadorans, and the potential revocation of B1/B2 visas for those who applied for asylum after entering as visitors.

Read the full story at Telemundo 51 Miami – Main

Why It Matters

Residents with pending asylum cases or expired visas face potential detention and long-term legal penalties, regardless of their current application status.

Key Facts

  • Pending asylum applications do not necessarily stop the accumulation of 'illegal presence' time once a visa expires.
  • Immigration penalties for overstaying a visa can reach up to 10 years.
  • Having a pending immigration process does not guarantee immunity from ICE detention.
  • The U.S. government is moving toward the termination of Temporary Protected Status (TPS) for Salvadoran nationals.
  • B1/B2 visa holders who apply for asylum may face visa revocation if authorities determine their initial intent for entry was not consistent with a visitor visa.
  • Attorney Avelino González reports an increase in ICE detentions of individuals with pending legal cases.

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