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Individuals
There is a continuous flow of immigration-related news in the USA causing a concern among members of the immigrant community as well as their friends and family.
As a full-service immigration law firm that has served immigrants for decades, Green and Spiegel U.S. aims to protect you and your loved ones from any adverse immigration action. Our dedicated and responsive attorneys will do everything possible to protect you and uphold your rights during this time of uncertainty.
Learn More About:
Know Your Rights If You Are Stopped or Detained by Law Enforcement or Immigration Officers
Create a Safety Plan
Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (EOIR-42(b))
Temporary Protected Status: What You Need to Know
Preparing for Expansion of Expedited Removal: Proving Two Years’ Presence in the United States
Know Your Rights If You Are Stopped or Detained by Law Enforcement or Immigration Officers
No matter your immigration status, the U.S. Constitution guarantees you certain rights if you are stopped or detained by law enforcement or immigration officers. How can you safely and effectively exercise these rights in common situations that may arise:
1. You are stopped by law enforcement or immigration officers outside or at work:
- You have the right to remain silent when questioned or arrested by law enforcement, immigration officers, or other officials. In some states, you must provide your name to local law enforcement if asked; however, you do not have to answer other questions. You do not need to provide information about your immigration status or nationality and should decline to do so.
- Ask if you are free to go. If you are told “yes,” you should walk away. If you are told “no” or are otherwise not permitted to leave, you can tell the officer that you want to remain silent and that you want to consult a lawyer. Anything you say to an officer can be used against you in immigration court.
- It is important to stay calm. Do not argue with the officer, try to run away, or try to resist arrest, even if you feel you are being treated unfairly. Keep your hands out of your pockets and make sure they are always visible to the officer. If you need to reach into your bag or pocket for identification or immigration papers, ask the officer if you may do so.
- If an officer asks if they can search you, you have the right to say no. Law enforcement and immigration officials do not have the right to search you or your belongings without your consent or probable cause.
- Never provide false information or documents, such as a false social security card, identification, or employment authorization document, to police or immigration officers.
2. You are stopped during a traffic stop:
- Pull over immediately and turn on your hazard lights.
- Keep your hands visible to the officer as the officer approaches your car. If you are driving, keep your hands on the wheel. Do not reach into a glove compartment or bag for your identification until you are asked to do so.
- Show your license, registration, and proof of insurance. If you do not have them, do not show any false documents.
- Ask whether the officer is from a police department or an immigration agency. Immigration officers sometimes refer to themselves as “police,” but they are not police officers. Border Patrol Officers, who operate 100 miles from U.S. borders, can pull you over if they have reasonable suspicion of an immigration violation or a crime and may ask you questions about your immigration status.
- If the officer is an immigration official and you have lawful immigration status, present your passport, green card, work permit, and/or other documentation of your lawful status.
- If you are undocumented, you have the right to remain silent and do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Do not answer any questions about your immigration status or your country of origin. Anything you tell an officer can later be used against you in immigration court.
- If the officer asks to search your car, you have the right to say no. You can say: “I do not consent to any search.” An officer cannot search your car without your consent unless they have reasonable suspicion of a crime.
3. You are stopped while entering or leaving the United States:
- Customs and Border Protection (“CBP”) officers can ask you about your immigration status when you are entering or leaving the country.
- If you are a lawful permanent resident (LPR) who has maintained your status, you are only required to answer questions that confirm your identity and permanent residency, as well as customs-related questions. While refusing to answer additional questions may delay your entrance, officials cannot deny you entry into the U.S.—your status as a lawful permanent resident must generally be revoked by an immigration judge.
- If you are detained by CBP, you may not have the right to speak to an attorney right away. However, you may refuse to sign any documents presented to you and should not sign any documents that you do not understand or agree with.
- If you are a visa-holder, your rights are different than those of lawful permanent residents, and refusing to answer officers’ questions could result in being denied entry into the United States.
Immigration and Customs Enforcement (ICE) or Police Officers come to your home:
- You have the right to remain silent and to request an attorney. Remain calm and silent. Do not yell, fight, or try to run. Ask for an interpreter if you do not understand English.
- You have the right to deny entry into your home. Do not open the door or give your consent to have officers enter your home.
- Both immigration officers and police require a warrant signed by a judge to enter your home without your consent. A warrant is a document listing your address and probable cause for gaining entry to your home. Ask the officer to provide you with a copy of the warrant by sliding it under the door, through a mail slot, or by cracking the door. Check to ensure that the warrant was signed by a judge, and not an ICE officer. If officers are legally able to enter your home, they will do so without your consent.
- Do not sign anything that is given to you without having an attorney review it first.
Create a Safety Plan
Take the following steps to ensure that you are prepared if you are arrested:
- If you are over 18, make sure you always have your immigration paperwork with you.
- Identify emergency contacts, such as parents, friends, or other family, and memorize their phone numbers.
- If you have an immigration attorney, provide your emergency contact with your attorney’s contact information.
- Provide your child’s school or day care with an emergency contact to pick up your child in the event that you are arrested by police or ICE.
- Provide authorization in writing for your emergency contact to make medical and legal decisions for your child.
- Tell your loved ones that if you are detained by ICE, they can try to use ICE’s online detainee locator to find you: https://locator.ice.gov/odls/#/search.
- Make copies of your identification, health conditions (or health conditions of your immediate family), and other important documents, and give them to a trusted friend or relative for safekeeping.
Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (EOIR-42(b))
Certain undocumented persons who are placed into removal proceedings may be eligible for Cancellation of Removal and Adjustment of Status. This application (also known as “EOIR 42B”) is filed defensively with the immigration court as a means of preventing deportation. Unlike other types of immigration benefits, it cannot be filed affirmatively with United States Citizenship and Immigration Services (“USCIS”). A person who is granted Cancellation of Removal receives a green card. While their application for Cancellation of Removal is pending with the Immigration Court, they may be eligible to receive an employment authorization document (“EAD”).
You may qualify for non-LPR cancellation of removal if you can demonstrate that you meet the following criteria:
- You have been physically present in the United States continuously for at least ten years at of the time you are issued a Notice to Appear in immigration court;
- You have had good moral character for ten years;
- You have not been convicted of certain criminal offenses; and,
- Your deportation would cause exceptional and extremely unusual hardship to your lawful permanent resident or U.S. citizen spouse, child, or parent.
Cancellation of Removal is not available if you have already received cancellation of removal, suspension of deportation, or certain other kinds of relief, or if you have persecuted others.
If you are detained following an arrest, it may be very difficult for you to locate the documents you need for your immigration proceedings and application for Cancellation of Removal. It is important to provide as much evidence as possible in support of your application. Obtaining the following documents in advance and giving them to a loved one for safekeeping will ensure that you are prepared to argue for Cancellation of Removal as relief from deportation proceedings:
- Copies of your identification, including passport and birth certificate;
- Proof of ten years’ presence in the United States, including tax documents, pay stubs, lease agreements, recurring bills, and utilities (such as gas, water, and electric) in your name;
- Proof of employment, such as pay stubs;
- Record of any previous arrests and convictions, and proof of completion of probation or any alternative sentencing programs;
- Records demonstrating community leadership, volunteering, and other charitable work;
- Record of membership in a religious organization;
- Copies of your children’s birth certificates;
- Copy of your marriage certificate;
- Contact information for individuals who would be willing to provide a positive letter of recommendation on your behalf; and,
- Evidence of exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child resulting from your absence. The documentation required to establish this hardship will depend upon your personal circumstances. For example, if a qualifying relative suffers from a serious medical condition, you will need to provide medical documentation proving that condition.
Cancellation of Removal can be difficult to establish, and the burden of proof is on the applicant to convince an Immigration Judge that they are eligible. During your hearing, the United States government will have its own attorney present to argue that you are not eligible for this relief and should be deported. A qualified immigration attorney can help you to present the facts and legal argument required to support your case.
Temporary Protected Status: What You Need to Know
Temporary protected status (“TPS”) is a program that allows individuals whose home countries are considered unsafe the right to live and work in the United States for a temporary period of time. These unsafe conditions range from natural disasters, such as earthquakes and hurricanes, to famine, civil unrest, war, and war.
Generally, a designation of TPS is granted for a period of up to 18 months. This period can be, and often is, extended to reflect continuing unsafe conditions in a given country, and can be renewed indefinitely. The authority to grant and renew TPS designation is held by the Secretary of Homeland Security, who is in turn appointed by the current President.
TPS holders are protected from deportation and are eligible for employment and travel authorization. Though they are not considered lawful permanent residents and TPS is not itself a pathway to lawful permanent residency or citizenship, many TPS recipients live in the United States for years under this status as long as they continue to file the appropriate renewal paperwork. Some become eligible for other relief during their time in the country and may ultimately qualify for adjustment of status and U.S. citizenship independent of TPS.
Once a country is designated for TPS, any citizen or habitual resident of that country who is physically present in the U.S. at the time of the announcement is eligible to apply for the program, with the exception of those who have been convicted of certain crimes or who have participated in terrorist activities.
For the list of countries that are designated for TPS, go to https://www.uscis.gov/humanitarian/temporary-protected-status
A qualified immigration attorney can assist you with determining your eligibility for TPS and with completing the application process. If you have any questions about your eligibility for TPS or TPS renewal, please contact Stephen Antwine at [email protected] or 215-395-8959.
Preparing for Expansion of Expedited Removal: Proving Two Years’ Presence in the United States
“Expedited removal” is the term for a government process allowing for the immediate deportation of certain individuals without a hearing. Currently, expedited removal applies to noncitizens who arrive at a port of entry without entry documents or who try to enter by fraud or misrepresentation, with certain exceptions, as well as noncitizens who entered by sea without inspection and who have been in the United States for less than two years, and to those who cross a land border without inspection and are arrested within two weeks of their arrival and within 100 miles of the border.
Between June 2020 and March 2022, immigration officers were authorized to apply expedited removal to any noncitizen who had not been “admitted or paroled” into the United States (those who had “entered without inspection”) and who could not establish that they had been physically present in the United States for the previous two years.
Under the incoming Trump Administration, it is likely that expedited removal will once again apply to individuals who cannot affirmatively establish to an immigration officer that they have two years of continuous physical presence in the United States. Accordingly, if you are undocumented, it will be important to ensure that you have proof of physical presence readily available to provide to immigration authorities in the event of arrest.
Documents from the following non-exhaustive list should be printed as well as saved in a digital format:
- Tax documents, pay stubs, lease agreements, recurring bills, and utilities (such as gas, water, and electric) in your name;
- Proof of employment, such as pay stubs, and income tax returns;
- Record of membership in or attendance at a religious organization;
- Copies of your children’s birth certificates;
- Copy of your marriage certificate;
- Medical records;
- Bank records;
- School records;
- Receipts containing identifying information;
- Car registration; and,
- Affidavits from credible witnesses having personal knowledge of your presence, such as neighbors or colleagues.
You may not be able to access these documents immediately if you are arrested and detained. Ensure that a trusted friend or family member has ready access to these documents by providing them with a copy or access to the digital file or leaving instructions as to where copies of these documents can be found.