a legal guide for non citizens answering some frequently asked questions

8/9/2019 A Legal Guide for Non Citizens Answering Some Frequently Asked Questions

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A Legal Guide for Non-Citizens:

Answering Some Frequently Asked Questions

Jerome N. Frank Legal Services Organizationat Yale Law School


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A Legal Guide for Non-Citizens: Answering Some

Frequently Asked Questions

-- Nick Lewin, YLS Class of 2004

This guide was written to answer common questions about immigration law and otherissues of concern to our non-citizen clients. The questions are grouped into five

categories:

Lawful Permanent Residency and Visas 2o Undocumented Status and Out-Of-Status 2o Applying for Your Green Card (Lawful Permanent Resident or LPR) 6

Naturalization (Applying for U.S. Citizenship) 10o Becoming a U.S. Citizen 10o Good Moral Character 11o Receiving Government Benefits 12

Talking to Police and Immigration Agents: Your Rights and Responsibilities 14 Domestic Violence 16 Lawyers, Legal Representation and Assistance 18

The information in this guide is current as of August 2006, but may have changed.

Please understand that this guide is for general informational and educational purposes

only. It is not legal advice , because legal advice depends upon the specific

circumstances of each situation. The information in this guide cannot replace the

advice of an experienced lawyer. For more information about finding a lawyer, please

contact Yale Law Schools Jerome N. Frank Legal Services Organization through Junta

for Progressive Action at (203) 787-0191 or Connecticut Statewide Legal Services at

(800) 453-3320.


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Lawful Permanent Residency and Visas

1. Undocumented Status and Out-of-Status

I ENTERED THE UNITED STATES ILLEGALLY, BUT NOW I WOULD LIKE TO GET MY GREEN CARD AND BECOME A

LAWFUL PERMANENT RESIDENT (LPR). WHAT CAN I DO?

Unfortunately, changes in the law made in 1996 make it almost impossible to become

a permanent resident or citizen if you entered the United States illegally, unless you firstreturn to your country of citizenship and begin the application process there. Enteringthe country illegally means that you entered without inspection at a port of entry.

However, if you have been unlawfully present in this country for 180 days, and youleave the country to pursue legal status, you will not be allowed to return for three

years, and if you have been unlawfully present in this country for one year and leave,you will not be allowed to return for ten years. Because of these 3 year/10 year bars,if you are currently out-of-status, you should not leave the country to pursue legal status

without first consulting with an experienced immigration attorney.

First, it is important to understand that there is a difference between entering thecountryillegally and entering the country legally (with a valid U.S. visa) but being out-of-status

because your visa has expired. If you entered the country legally, but are currently out-of-status, you should speak with a lawyer. Depending on how long you have been out-

of-status, you may have some options. The information in this section only applies topeople who entered the country illegally, and are interested in applying for a green

card without first returning to their home country.

If you entered the United States illegally there are a few things you should know:

1. Marrying a U.S. citizen or permanent resident does not guarantee thatyou will get agreen card.

2. Having an employer who is willing to sponsor you does not guarantee that you get agreen card.

3. The sponsorship of a family member even a brother, sister, or parent who is apermanent resident or citizen, does not guarantee that you get a green card.

4. Under the current law, it generally does not matter how long you have been in thecountry, if you entered illegally. There is a very limited exception, calledCancellation (b) for immigrants who have been in the United States for more thanten years and for whom deportation would create exceptional and extremelyunusual hardship to a citizen or LPR spouse. Cancellation (b) is discussed in more

detail below.

5. Unless you fit under one of the exceptions which are discussed below, you need toreturn to your country of citizenship and try to re-enter the United States legally.However, even if you do return to your home country to apply for a green card,

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there are still rules that might prevent you from becoming a lawful permanent

resident:

If the U.S. government knows that you were in the United States illegally formorethan 180 days, and you leave and then want to re-enter, you may be barredfrom re-entering for3 years.

If the U.S. government knows that you were in the United States illegally for365days or more, and you leave and then want to re-enter, you may be barred forre-entering for10 years.

It is your burden to show that you were not illegally in the United States. In otherwords, if the U.S. government suspects that you were in the United States illegally,

you will have to convince them that they are wrong. This can be very difficult todo.

However, applicants who have been in the United States illegally can apply for awaiver of these bars. The waiver is only available if you can show that, eventhough you were here illegally, barring you from reentering the country will cause

extreme hardship to your U.S. citizen spouse or parent, or to your lawfulpermanent resident (green card holder) spouse or parent.

*** If you have lived in the United States illegally for more than 365 days, leave the

United States, and then return illegally, YOU CAN BE PERMANENTLY BARRED FROM

IMMIGRATING. If you leave the United States following an order of deportation and

return illegally you can be PERMANTLY BARRED FROM IMMIGRATING. If you reenter the

United States illegally after previously being deported the U.S Immigration and Customs

Enforcement (ICE, formerly INS) CAN CRIMINALLY PROSECUTE YOU AND/OR DEPORT YOU

FROM THE UNITED STATES WITHOUT GIVING YOU THE OPPORTUNITY TO HAVE A HEARING

BEFORE A JUDGE. ***

ARE THERE ANY EXCEPTIONS TO THE RULE THAT A PERSON WHO ENTERS THE UNITED STATES ILLEGALLY

CANNOT RECEIVE A GREEN CARD OR BECOME A CITIZEN? WHAT ARE THEY?

There are few ways in which people who entered the country illegally can become a

resident without returning to their country of citizenship and applying from there. Youshould know that these exceptions are very limited, and most people who enter the

United States illegally do not qualify. However, if you believe you are one of the fewpeople who do qualify for one of these exceptions, you should talk to an experienced

immigration lawyer because these kinds of applications are very complicated.

The four primary ways in which someone who entered the United States illegally can

become a resident are:

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Applying for Asylum: In order to be eligible for asylum, you must prove that you have a well-

founded fear of persecution by the government in your home country, or by

a group that the government in your home country is not able to control,

such as a rebel or terrorist organization. But just being scared is not enough.Your fear must be considered reasonable by immigration authorities. If you

think you might be eligible for asylum in the United States, you should speakwith a lawyer who has experience with asylum petitions.

Generally, you can only apply for asylum within one (1) year of entering theUnited States illegally or legally. There are very limited exceptions to the oneyear rule, such as where certain conditions change in your former-home

country or if extraordinary personal circumstances, such as serious illness,prevented you from applying. It is your burden to show that you have beenin the United States less than a year or to show that there were special

circumstances that kept you from applying before the year was up. If

youve been in the United States for more than one year, but think you mightbe eligible, you should speak to an experienced immigration attorney.

Victims of Domestic Violence or a Serious Crime: If you are the victim of domesticviolence, you might be eligible for either a self-petition or for a U-Visa. Both of

these could allow you to get a green card. Please see below for more details ondomestic violence, self-petitions, and U-Visas.

If your husband or wife who is abusing you is a U.S. citizen or a lawfulpermanent resident you can self-petition for a green card. Please see below

for more details on how to self-petition. If your husband or wife is not a U.S. citizen or lawful permanent resident (but is

here illegally or on a temporary visa), or if you are not legally married to the

person who is abusing you, you might be eligible for a U-Visa. If you are thevictim of another serious crime you might also be eligible for a U-Visa. Please

see below for more details on the U-Visa.

Someone filed a family petition (I-130) or an employment petition (I-140) beforeMay 1, 2001 under which you could immigrate: The law is actually very complex,

therefore you should consult a lawyer if you think you may be eligible.

Immigrant has been in the U.S. continuously for more than 10 years and removalwould cause exceptional and extremely unusual hardship for a U.S. citizen/LPRspouse or children. This is called Cancellation (b) and is a very limited

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exception to the rule that if you entered illegally your cannot become

documented. There are three requirements for Cancellation (b):

o You must have been continuously present in the United States for theten (10) years immediately preceding the date of your application.

o You must have good moral character, a term which is explainedelsewhere in this guide, and must not have been convicted of certaincrimes.

o You must be able to establish that removal would result in exceptionaland extremely unusual hardship to your U.S. citizen/LPR husband/wife,

parent or child.

There are other very narrow programs for certain people (such as unaccompaniedminors and victims of trafficking) but an extraordinarily small number of people qualify

for these programs. If you think you may qualify, you should speak with an experiencedimmigration lawyer.

*** If you entered the country illegally, be very careful of any lawyer or other person

who says that they can help fix your immigration status if you pay them. Unless you fit

into one of the narrow exceptions above, no lawyer can help you get a green card or

become a citizen if you entered the country illegally. These people may be trying to

take your money even though there is nothing they can do to help you!!! ***

MY VISA HAS EXPIRED OR IS OUT OF STATUS.WHAT SHOULD I DO?

If the arrival/departure card (also called an I-94 card) you received when you last

entered the United States, or the I-94 you received when you last received an extension

or change of status, has expired, it is very important that you take appropriate steps.

If the I-94 card has been expired for less than 120 days you can sometimesget an extension without a penalty.

If the I-94 card has been expired for between 120 and 180 days, you mayhave to leave the United States and then re-enter with the appropriate visa

and should have no difficulty. However, you cannot get an extension fromwithin the United States and you will have to go to the U.S. embassy or

consulate in your home country.

If the I-94 card has been expired for more than 180 days and you leave theUnited States and then seek to re-enter, you may be barred from re-entering

for 3 years.

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In addition, if you are out-of-status for 365 days or more, and you leave andthen seek to re-enter, you may be barred from re-entering for 10 years.

These very strict laws have few exceptions. Therefore, it is extremely important that you

monitor the expiration date on your current I-94 card.

2. Applying for Your Green Card (Lawful Permanent Resident or LPR)

I AM APPLYING FOR MY GREEN CARD AND IVE HEARD THAT I NEED A SPONSOR. WHAT DOES THAT MEAN?

A sponsor is a person who helps an immigrant become a lawful permanent resident(green card holder) by signing an affidavit of support (Form I-864). An affidavit of

support shows that the immigrant applying for a green card is not likely to becomedependent on government benefits, like welfare, because the sponsor is financially

able to support the applicant. There are income requirements for sponsors who signthe affidavits.

Sponsors who sign affidavits must show that they earn enough to support ahousehold that includes the immigrant, family members joining the immigrant,and the sponsors family. In order to prove that the sponsor can afford to

support the person theyre sponsoring, they must show that their householdincome is at least 125% of the federal poverty level (currently $27,537 for ahousehold of five people).

Sponsors who cant meet these requirements may find a joint sponsor who alsomust sign an affidavit of support promising to support the immigrant. The total of

the two sponsors must be at least 125% of the federal poverty level.

If the sponsors own income doesnt meet the required level, he or she can alsocount the income and assets of members of their household who are related bybirth, marriage, or adoption. If the immigrant to be sponsored is already living in

the United States, his or her own income can also count towards the total.

Sponsors who cannot meet these requirements can also use their assets to helpmeet the income requirements. Assets are things like property, a house, cars,

money in savings accounts, and stocks. The total of the sponsors assets must beat least five (5) times the difference between your household income and the

required income level based on the federal poverty guidelines. Here is an

example:o If you wish to be a sponsor and the guidelines say that your household

income has to be at least $25,537 to sponsor a family member, andyou only earn $24,537, you would be $1,000 short.

o But the guidelines allow you to make up the difference between yourincome (in this example, $24,537) and how much you have to earn to

be a sponsor (in this example, $25,537), with your assets. Your assets

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HOW LONG WILL MY FAMILY HAVE TO WAIT AFTER I PETITION FOR THEM TO BECOME PERMANENT RESIDENTS?

Unfortunately, no one can say exactly how long each applicant will wait, but it can bea very long time. Even for an immediate family member, such as the spouse of a U.S.

citizen, the whole process is likely to take a minimum of one year. For other groups, it

can take many, many years. To give you an idea, the average wait from mostcountries is as follows:

2 Years: for family members such as spouses of U.S. citizens 5 Years: for spouses and unmarried children of permanent residents under 21 5 Years: for married children of U.S. citizens 11 Years: for brothers and sisters of U.S. citizens

Remember that these are just estimates, and the actual time could be longer or shorter.

Also, the wait will probably be longer if the immigrant is from a country from which there

are many applications, such as Mexico or the Philippines.

IS THERE ANYTHING I CAN DO TO MAKE THE PROCESS OF PETITIONING FOR MY FAMILY GO MORE QUICKLY?

Yes. There are some steps you can take to speed up your family members progresstoward a green card, or to make sure that the process goes smoothly.

Apply for U.S. Citizenship: If you are a lawful permanent resident, but not yet acitizen, you can help your family member by applying for citizenship as soon as youare eligible. As soon as you become a citizen, you can move your family members

to a speedier immigration category.

Explain to Your Unmarried Children the Effects of Marriage: Married children haveit tough when it comes to immigrating. If you have children who have not yetmarried, and they want to immigrate through you, make sure they know that getting

married to a non-U.S. citizen or permanent resident will probably add years to theirwait time. Of course, the decision to marry is a highly personal one, but if theirpriority is to immigrate to the United States, they might consider waiting to marry until

after they have received their green card. It wont matter that they were unmarriedwhen you started the immigration process for them; they have to be unmarried

when they pick up their immigrant visa or green card, or they wont qualify for it.

Have Different U.S. Citizen Family Members Sponsor the Same Immigrant: Youveheard the phrase dont put all your eggs in one basket. There is no harm in having

more than one family member file visa petitions for the waiting immigrant. Forinstance, both parents could file for a child, to insure against the death of one of

them. Or a person whose parent is a U.S. citizen and is married to a permanentresident could have both their spouse and their parent file a visa petition for them.

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That way they would be on two waiting lists and can benefit from whichever moves

most quickly.

WHAT HAPPENS IF I MISS MY IMMIGRATION HEARING?

It is very important that you dont miss your immigration hearing, because it is very, very

difficult to fix. If you do miss the hearing, the judge will probably order you deported,even though you werent there. You will need to speak with a lawyer about making amotion to open up your case. In order to open up the case you will need to prove a

very good reason for missing the hearing.

Weather delays, traffic problems, and minor health problems are examples ofreasons that will probably not be enough to get the judge to open your case.

A very severe health problem is an example of a reason that might make thejudge open up the case.

A person who is ordered deported at a hearing is barred from re-entering theUnited States for at least ten years.

I HAVE HEARD THAT IT IS POSSIBLE TO HAVE MY GREEN CARD TAKEN AWAY AFTER I GET IT. IS THAT TRUE?

WHAT CAN I DO TO MAKE SURE THAT DOESNT HAPPEN TO ME?

Once you receive a green card, there are only two conditions required to keep it forlife. First, you must not become removable or inadmissible. The most common wayof doing this is to be convicted of a crime. Second, you cant abandon the United

States as your permanent residence. As long as you are not planning to make yourhome somewhere else, then legally you are still a permanent resident of the United

States.

As a general rule, if you have a green card and leave the United States for morethan one year, you may have a difficult time reentering the country. That is becausethe U.S. government believes that an absence of longer than one year indicatesthat you may have intended to abandon your U.S. residence. To avoid any trouble,

if you go abroad, you should return to the United States within six months.

Many people think that to keep your green card all you need to do is enter theUnited States at least once-a-year. Actually, the truth is that if you ever leave with

the intention of making another country your permanent home, you give up yourU.S. residency when you leave.

On the other hand, remaining outside the United States for more than one yeardoes not mean you have automatically given up your green card. If your absencewas intended from the start to be only temporary, you may still keep yourpermanent resident status. However, you may no longer use your green card as a

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U.S. entry document. You must either apply at a U.S. consulate for a special

immigrant visa as a returning resident or you must get what is known as a reentrypermit. If you expect to be out of the United States for a long time, you shouldresearch your options which include: (1) reentry permits, (2) returning resident visas,

and (3) the commuter exception.

Naturalization (Applying for U.S. Citizenship)

1. Becoming a U.S. CitizenHOW DOES SOMEBODY BECOME A NATURALIZED U.S.CITIZEN?

There are four ways a person can become a U.S. citizen:

1. Anyone bornin the United States is a U.S. citizen (except the children ofdiplomats).

2. Babies born in another country to parents at least one of whom is a U.S.citizen often acquire their U.S. citizenship at birth. The rules can becomplicated if the parents of the baby are not married, and focus on

whether it is the mother or father who is a U.S. citizen. If you have anyquestions, you should speak with an experienced immigration lawyer.

3. People can become U.S. citizens through a process called Naturalization.4. Children who are lawful permanent residents of the United States and whose

parent or parents become U.S. citizens through naturalization sometimesbecome U.S. citizens through something called derivation of citizenship.

WHAT ARE THE REQUIREMENTS FOR NATURALIZATION AS A U.S. CITIZEN?

To become a naturalized citizen, an applicant must meet nine (9) basic requirements.

The applicant must:

1. Be a lawful permanent resident;2. Be at least 18 years old;3. Have good moral character (see the next section for more discussion);4. Be able to have a fairly simple conversation in English;5. Be able to pass a test on U.S. history and government;6. Have made a home in the United States for at least five years, or three years if

married to a U.S. citizen (there are some other exceptions);

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7. Not have abandoned his or her residence in the United States sincereceiving lawful permanent status;

8. Have been physically present in the United States for at least half of the fiveyear period (there are some exceptions); and

9. Swear loyalty to the United States by taking a loyalty oathIf you believe you may be eligible for naturalization, you will need to complete theApplication for Naturalization Form (N-400). To get this and other forms, you can call

the U.S. Citizenship and Immigration Bureaus Forms Line toll free at (800) 870-3676 oryou can download any of these forms from the internet at www.uscis.gov. However, ifyou have a criminal record or have helped anyone enter the United States illegally, youshould speak with an experienced immigration attorney before you apply for

naturalization.

2. Good Moral Character

WHAT DOES IT MEAN THAT AN APPLICANT FOR NATURALIZATION MUST HAVE GOOD MORAL CHARACTER?

Usually this means you haven't done the things that the application for naturalizationasks you about, including committing certain crimes, especially drug crimes,immigration crimes, such as helping another person enter the United States illegally, or

crimes that involve dishonesty, like fraud or stealing. It also includes things like failing topay child support, failing to file tax returns if you were supposed to, or committing fraudto receive, or continue to receive, welfare or other public benefits. Though the

government usually focuses on your conduct within the five years prior to submitting

your application, it can also consider your conduct at any time prior to that period.

If you have committed any type of crime or helped anyone enter the United Statesillegally, you need to talk to an experienced immigration lawyer before you file your

application. In some circumstances, it might not be a problem at all; you might beable to explain it or get a pardon to erase your criminal record. On the other hand, itcould cause big problems. In addition, lying on your application by not admitting that

you have been arrested or committed a crime can cause major problems. You aresupposed to list any crimes or arrests, no matter how long ago they occurred, and

whether or not they have been expunged from your record. If you dont accurately listall crimes, and the government finds out, they may consider your application to

contain false information, which may result in a finding that you do not possess goodmoral character, leading to a denial of your application for naturalization and the start

of removal proceedings against you.

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I HAVE BEEN CHARGED WITH A CRIME, AND MY CRIMINAL LAWYER HAS SUGGESTED THAT I PLEAD GUILTY OR

NOLO CONTENDERE (ALSO CALLED NOLO OR NO CONTEST) INSTEAD OF GOING TO TRIAL. WILL PLEADING

GUILTY OR NOLO AFFECT MY IMMIGRATION STATUS?

Yes. If you are arrested and charged with a crime and you plead guilty ornolo

contendere to that crime, that could prevent you from becoming a naturalized U.S.citizen and could even result in you being deported.

Pleading guilty to a crime is the same as being found guilty of a crime by a judgeor jury after a trial. Both could prevent you from becoming a U.S. citizen.

Pleading nolo contendere, which normally means that a defendant does notadmit guilt, can also prevent you from being allowed to become a U.S. citizen.

Be sure to tell your criminal defense lawyer about your immigration status before you

plead guilty or nolocontendere to any crime. If your lawyer isnt able to answer your

question, you should ask the Judge about the consequences of a guilty or nolo

contendere plea on your immigration status.

DOES THE FACT THAT I WAS ARRESTED BUT WAS NEVER CONVICTED OF A CRIME, HAVE AN EFFECT ON THE

GOOD MORAL CHARACTER REQUIREMENT?

Usually, arrests that do not result in a conviction will not prevent you from applying fornaturalization or for your green card. However, there are some crimes where an arrestalone can prevent you from adjusting your status, even if you are not convicted of that

crime. Those include immigration offenses, such as alien smuggling and criminal actsrelating to national security, violation of a domestic protective order, and drug abuse or

addiction.

On your form, you are required to report all arrests, even juvenile arrests (when you werea child) and convictions that have been expunged from your record. If you do not,

and the government learns of those arrests, your application will probably be rejected.The reason they may reject your application is because the government considers

leaving that information out to be the same as lying on your application, and so itbecomes relevant to whether you have good moral character.

3. Receiving Government Benefits

WILL USING GOVERNMENT BENEFITS HURT MY CHANCES OF BECOMING A U.S. CITIZEN OR PERMANENT

RESIDENT?

The answer to that question depends on your immigration status and on what type of

government benefits you are using:

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It will not hurt your chances of getting a green card if you, your children, or otherfamily members use:

Health Care, such as: Medicaid, Husky, WIC, prenatal care, other free orlow-cost medical care;

Food Programs, such as: Food Stamps, WIC, school meals, and other foodassistance;

Other programs that do not give cash, such as: public housing, disasterrelief, child care services, job training, or transportation vouchers.

You might have a problem getting your green card later, if: You use cash welfare,such as: Temporary Assistance for Needy Families(TANF), Supplemental Security Income (SSI), General Assistance (GA).

Your familys only source of support is cash welfare received by yourchildren orother family members.

You are in a nursing home orother long-term care paid for by Medicaid orother government funds.

If you are a refugee orasylee, you can useany benefits, including cash welfare,health care, food programs, and non-cash programs, without hurting yourchanges of getting a green card.

If you already have a green card (are a permanent resident):You cannot lose your green card if you, your children, or other family

members use: (a) health care, food programs, and other non-cash

programs; (b) cash welfare; (c) long term care.

But you might have a problem: (a) if you leave the United States formorethan 6 months continuously and you have used cash welfare or long-termcare, or (2) in extremely rare cases, if you use cash welfare or long-termcare during your first 5 years in the United States, for reasons (such as an

illness or disability) that existed before you entered the country.

If you are applying for U.S. citizenship, you cannot be denied U.S. citizenship forlawfully receiving benefits, including cash welfare, health care, food programs,

and non-cash programs.

If you are a lawful permanent resident or U.S. citizen petitioning for a relative,using benefits including cash welfare, health care, food programs, and non-cashprograms, should not prevent you from sponsoring your relative. However, youwill need to show that you earn enough income to support your relative.

Otherwise you may have to get a co-sponsor.

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CAN I STILL GET PUBLIC BENEFITS EVEN THOUGH I HAVE A SPONSOR WHO SIGNED THE AFFIDAVIT (I-864)?

Even though you must have a sponsor for your green card application, you are still

eligible to receive some government benefits after you get your green card.

Immigrants who have been in the country for less than five (5) yearsgenerallyare not eligible for five public benefits: (1) food stamps; (2)Temporary Assistance for Needy Families (TANF); (3) Medicaid (non-emergency); (4) HUSKY Childrens Health Insurance Program; and (5)Supplemental Security Income (SSI).

Immigrants who have been in the country for less than five (5) years areeligible for emergency Medicaid and most other federal benefits. You can

also usually get state-funded medical, food, or cash assistance.

Sometimes, sponsors who sign the Affidavit of Support may be required torepay the government for what the government calls means-testedbenefits used by the immigrant, which includes Supplemental SecurityIncome (SSI), food stamps, TANF, Medicaid (non-emergency), and SCHIP.

IVE HEARD THAT I CAN BECOME A CITIZEN THROUGH SERVICE IN THE U.S.MILITARY (ARMY,NAVY,AIR

FORCE,MARINE CORPS,COAST GUARD, OR NATIONAL GUARD). IS THAT TRUE?

Yes. Of course, the decision of whether or not to serve in the U.S. military is a highlypersonal one, and should be made with care. For those who chose to serve, however,service can expedite the naturalization process, eliminate fees, and allow for

applications to be processed overseas. In addition, some of the requirements fornaturalization, such as the requirement that an applicant be physically present in theUnited States, are waived. For more information, you should speak with an experienced

immigration attorney or a local armed services recruiting office.

Talking to Police and Immigration Agents: Your Rights

and Responsibilities

WHAT SHOULD I DO IF THE POLICE OR ICE AGENTS COME TO QUESTION ME AND I AM NOT A CITIZEN OR I

AM NOT HERE LEGALLY?

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Other than giving your name and address to a police officer or other law enforcement

official, you do not have to talk to the police, FBI, U.S. Immigration and Customs

Enforcement (ICE, formerly INS), or any other law enforcement agent or investigator.

You do not have to reveal your immigration status or answer any questions.However, remember that lawful permanent residents are required to carry theirgreen card with them at all times, and you may be required to produce it

upon demand by a police or immigration officer.

If the police come to your home, you do not have to let them in, unless theyhave a signed warrant. If they do have a warrant:

Always ask to see the warrant. If it has the correct address, you must stepaside and let them into your home. If it is an arrest warrant, look at the

name on the warrant to make certain they have the right person.

If the police do not have a warrant, you are not required to let them inunless they insist. Perhaps you can settle the matter at the door.

If the police do insist on entering your home over your objections, do notphysically resist them. You should (1) ask to see a police badge, (2) askthe purpose for entering your home, (3) make sure they understand that

you do not consent to any search of your home, and (4) write downofficers badge numbers and the time of day, and (5) try to remember the

officers faces.

Foreign nationals who are arrested in the United States have the right to call theirconsulate or to have the police contact their consulate about their arrest.

Generally, you should not speak directly to employees of the ICE, even over thetelephone, before speaking to an experienced immigration lawyer.

Every non-citizen, regardless of his or her immigrant status, has the followingrights:

The right to speak to a lawyer before answering or signing anything(however, non-citizens do not have a right to a government-paid lawyer,

so they may have to pay for their own lawyer, and they probably do nothave a right to have a lawyer present when questioned);

The right to a hearing before an immigration judge; The right to have a lawyer at the hearing and at any interview with the

ICE (again, however, non-citizens may have to pay for their own lawyer);

The right to ask for release from detention by paying a bond.

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If a police or immigration agent approaches you on the street and asks you where areyou from you do not have to answer. Even if the officer says you have to answerbecause you dont speak English or because you look foreign, these are not good

reasons, and you still dont have to answer. You could answer by telling the officerwhat city or town in the United States you are from. This is important because once you

tell an ICE Officer that you are from a foreign country, then it becomes yourresponsibility to prove that you are in the United States legally.

WHAT DO I DO IF I AM PULLED OVER BY THE POLICE?

If you are driving a vehicle, the police can pull you over at any time. You must pull over

and follow the directions of the officer. You will probably be asked to give the officeryour driver's license and registration of the vehicle. You are required to hand these

documents over if the officer asks for them.

If you are stopped at night, turn on your dome light (the light on the inside roof ofyour car) so you can show the officer that nothing is wrong. You should alsokeep your hands on the steering wheel unless the officer asks you to getsomething for him or her (like your license or registration). This will usually put the

officer's mind at ease.

If the officer explains that he or she is going to write you a ticket for a trafficviolation, you may politely try to explain your side of the story. However, becareful how you protest. If you complicate a simple traffic violation by loudprotests, it may end up costing you a fortune in fines for other violations or may

give the officer a reason to search you or your car. If you think that the ticket isincorrect, you can challenge it later, in traffic court.

Domestic Violence

I AM MARRIED TO A U.S. CITIZEN OR PERMANENT RESIDENT AND HE BEATS ME. I CANT LEAVE HIM BECAUSE

HE TELLS ME THAT HE WILL GET ME DEPORTED. WHAT CAN I DO?

When a person beats his or her spouse or children, or subjects them to severe mentalcruelty, that abuse is known as domestic violence. Immigrants married to U.S. citizens or

residents who subject them to domestic violence may petition for their green card ontheir own, without the involvement of the abusive U.S. citizen or resident spouse. Thesepetitions are known as VAWA petitions, named after the Violence Against Women Act,

a law passed by the U.S. Congress, which created these applications. Despite the

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name of the Act, abused husbands, as well as abused wives, are allowed to self-

petition. In addition, petitions cover the children of the abused spouse.

Instead of submitting an I-130 relative petition with the abuser, the abusedimmigrant spouse submits another form, called an I-360 self-petition, along with

supporting evidence. If the I-360 is approved, the abused spouse will becomeeligible to file an application for adjustment of status to get his or her green card.

Self-petitioners married to lawful permanent residents will have to wait until thereis a visa number for them (just like in family preference cases). Self-petitioners

married to U.S. citizens will be immediately eligible to file an application foradjustment of status to permanent resident. However, in the meantime they aregiven permission to remain in the United States and given a work authorization.

Domestic violence is a serious crime. In fact, a permanent resident or anapplicant for permanent residency who beats his or her spouse or children canbe deported. Also, a person who beats his or her spouse or children is notconsidered to have good moral character, that is a requirement for

naturalization.

A lawyer can help you understand your immigration options, and can put you in

contact with other organizations that can help you protect yourself.

If you need help, you can contact the National Domestic Violence Hotline at 1-800-799-7233. They can provide you with information about shelters, mental health care,legal advice and other types of assistance, including information about self-petitioning

for immigration status.

What are the requirements for a wife or husband who is the victim of domestic violence

to self-petition for a green card?

The husband or wife must be legally married to the U.S. citizen or permanent residentabuser. A self-petition may also be filed if the marriage ended in a divorce withinthe 2 years prior to filing, if the divorce was related to the abuse.

The petitioner must have been abused by the spouse inside the United States, unlessthe abusive spouse is an employee of the U.S. government or a member of the U.S.

military.

The petitioner must have been abused during the marriage, or must be the parentof a child who was abused by the U.S. citizen or permanent resident spouse duringthe marriage.

The petitioner must be a person of good moral character (see the discussionabove for details about good moral character).

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The petitioner must have entered into the marriage in good faith, and not solely forthe purpose of obtaining immigration benefits.

What if I am being abused by someone who is not a citizen or resident or by someonewho is not my spouse? Is there anything I can do?

Yes. The U-Visa is a type of visa for people who do not qualify for the self-petitioningdescribed above. Usually this is because his or her abuser is not a citizen or resident orbecause the person being abused is not legally married to his or her abuser. However,

this visa is not limited to domestic violence. Many crime victims who suffer seriousphysical or mental harm are eligible for a U-Visa. In order to be eligible for the visa, you

must have suffered serious physical or mental abuse or harm from the crime.

Also, you must get a certificatefrom a police officer, other law enforcement officer,

prosecutor, judge, immigration official, or any other person who is investigating orprosecuting the crime. The certificate must state that you have been helpful, are being

helpful, or are likely to be helpful in the investigation or prosecution of the crime.

What you must try to do to get a U-Visa:

Get certificates from all police, prosecutors, or anyone else investigating orprosecuting the crime.

Keep police reports, doctor and hospital reports, counselor letters, and otherrecords of the abuse and criminal activity.

Keep business cards and contact information for investigating officers,prosecutors, counselors, doctors, etc.

Keep all of your immigration documents. Do not submit an immigration application on your own without first speaking with a

lawyer or someone at a community agency who is an expert in immigration law.

Lawyers, Legal Representation and Assistance

I SPOKE WITH A LAWYER WHO TOOK MY MONEY, BUT HE HASNT DONE ANYTHING FOR MY CASE. I KEEP

CALLING HIM, BUT HE NEVER CALLS BACK OR HE TELLS ME THAT I JUST NEED TO WAIT. WHAT SHOULD I DO?

Resolving immigration cases can take a lot of time, so sometimes you may have to

keep waiting. Unfortunately, however, there are lawyers and other people out there

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who offer to help you with your immigration case, but are dishonest, and will take your

money but wont do anything for you or your case.

You should be especially careful if you illegally entered the United States without proper

documents. It is very difficult to get a green card if you entered illegally, and a lawyer

who tells you otherwise is lying to you. See the first section of this guide for moreinformation.

Don't be fooled by false promises. Some things you should watch out for are lawyers or

other people who say that if you pay them, they:

Can get you a work permit right away; Offer no-risk immigration; Can get U.S. visas for you and your family in a few weeks; or Know people at the CIS and can get your papers processed quickly.

You can protect yourself against this kind of fraud:

Never sign any blank application papers. Never sign any immigration form that you do not fully understand. Get someone

you trust to translate it for you.

Always demand a written contract for any immigration services. Do not sign a contract that you don't understand. Be careful with anyone who wants you to pay immediately. Always get copies of the papers prepared for you. Never let anyone keep your original documents such as birth certificates, marriage

certificates.

Get a receipt for any money you pay. Make sure it has the amount paid, the datepaid, your name, and the name of the person or business that you paid.

Never work with someone who will not answer your questions.

I WANT TO APPLY FOR A GREEN CARD OR FOR CITIZENSHIP, BUT I DONT KNOW IF I NEED TO GET A LAWYER

OR NOT. WHEN IS IT WORTH IT TO HIRE A LAWYER?

Depending on your situation, you may or may not need a lawyer. The following aresome examples of complicated personal situations in which it might be helpful to get

legal advice from a lawyer:

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If you have a notice to appear in Immigration Court for a hearing. If you have been convicted of any crime. Not all crimes will prevent you from

immigrating, but if you lie on your immigration forms, you risk having yourapplication rejected and being deported.

If your prior applications have been denied. A lawyer should be able todetermine what the problem is and how it can be fixed.

If you have tried to fill out the application on your own and simply cannot figureout what to do next.

If you have been deported or otherwise forced to leave the United States. Notall removals from the United States will result in permanent bars to immigration.

If you have a communicable disease, such as HIV/AIDS. Not all diseases are apermanent bar to immigration.

If you have filed your immigration forms and have been waiting an unreasonablylong time for a response.

If you divorced your first U.S. spouse while still a conditional lawful permanentresident and you are now seeking to adjust status based on a marriage toanother U.S. citizen.

If your marriage to a U.S. citizen ended before you were able to file your petitionto have the condition removed on your residency and you will have to file alone.

If you are immigrating with your family and you have a child who could reachage twenty-one (21) before your permanent residence status is granted.

If you are obtaining a visa or green card based on an employment offer, butyour prospective employer has not offered to handle the immigration process.

Remember, these are just some examples of personal situations which can make your

immigration application more complicated.

a legal guide for non citizens answering some frequently asked questions

Documents