NewsTelemundo 51 Miami – Noticias LocalesAugust 26, 2026Miami-Dade
Immigration attorney outlines risks for visa holders and asylum seekers regarding detention and status
Immigration attorney Avelino González warns that individuals who remain in the U.S. after their authorized visa period expires may face long-term penalties, even if they have pending asylum applications. The discussion highlights increased ICE detention activity, 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 – Noticias LocalesWhy It Matters
Immigrants with expired visas or pending asylum claims face potential detention and legal penalties of up to 10 years, regardless of their current application status.
Key Facts
- Pending asylum applications do not necessarily stop the accumulation of 'illegal presence' if a visa period has expired.
- Individuals who overstay their authorized visa period may face immigration penalties of up to 10 years.
- ICE is currently detaining individuals even if they have pending immigration processes.
- Salvadoran recipients of Temporary Protected Status (TPS) face limited legal options once the program terminates.
- B1/B2 visa holders who apply for asylum may face visa revocation if authorities determine their original intent for entry was not consistent with a visitor visa.
- Attorney Avelino González alleges that ICE agents are acting with increased arbitrariness in their detention practices.