Immigration law is complex and often misunderstood, especially with recent changes across the United States. Navigating the process can be overwhelming, involving numerous forms, court proceedings, and legal requirements. To help clarify common concerns, we have provided answers to some of the most frequently asked questions.
Know Your Rights
What are the rights of a person without immigration status in the United States?
Even if someone does not have immigration status in the United States, they have rights and protections under the United States Constitution, such as not opening the door to ICE agents, not answering questions about their immigration status, and not signing documents without a lawyer present.
If ICE Stops Your in Public
Can ICE agents enter a church, a school, or a hospital?
ICE agents can enter these places if they have a judicial warrant. However, these places used to be considered “sensitive locations” where ICE could not enter without a judicial warrant.
What is the difference between an administrative warrant and a judicial warrant?
An administrative warrant does not allow ICE to enter your home or arrest you, while a judicial warrant, signed by a judge, does allow it.
If ICE Comes to Your Workplace
What should I do if I am a businessowner and ICE arrives at my business?
Do not block public access doors, but secure private areas and do not provide additional information about employees without a judicial warrant.
Will employees with an ITIN number be protected?
The ITIN number is just a number that allows you to file taxes here in the United States. It is not a visa, it is not a protection to be here legally, it is not even a protection to work here legally in the United States that number allows you solely to pay taxes to the IRS.
If ICE Visits Your Home
What should I do if an ICE agent comes to my house?
Do not open the door, ask to see the judicial warrant, and do not answer questions or sign documents without a lawyer present.
If ICE comes to my house with a judicial warrant and there are other undocumented people in my house, can ICE take them as well?
The answer is going to be yes, the warrant allows them to enter the home and to search the home, so if there are other individuals in the home without documentation, ICE agents can ask who they are and ask them to identify themselves. This is when one can show ICE the red card to invoke your rights.
Can ICE detain an American citizen?
Yes, there have been cases where ICE has detained American citizens, although they should not be deported.
What to Do if Law Enforcement Stops you
If I am stopped by police, is it sufficient to give them my name only, or do I also have to provide them with identification?
In the state of Texas, you must state your name, if you have a valid ID at the time, present your ID. If your ID is expired, do not present them with that ID.
My mom is a Legal Permanent Resident, if she is stopped by law enforcement for any reason, can they revoke her Legal Permanent Resident card?
The short answer is yes, a Legal Permanent Resident card may be revoked. It will not happen for a traffic stop but be aware that a Legal permanent resident card may be revoked depending on the severity of the criminal case that you may have.
Will My Current USCIS Process Protect Me?
Should I carry around a copy of my USCIS receipt for a family petition?
Yes, carry a copy of it in your purse, in your car, at work. The USCIS receipt shows that someone has petitioned you. Anyone that is involved with immigration will know what that document is.
If a person has a petition and provisional waiver approved, will this help if the person gets pulled over by ICE?
Yes, the family petition is proof that someone has petitioned for you. The provisional waiver is proof that you have applied for a waiver and that you are going to ask for permission to leave the country for purposes of consular processing. Those two notices will let ICE agents know that you are in proceedings. Hopefully, it will let ICE agents see that you are doing the process correctly. Having both copies can always help. It is important to note that they documents are not visas and do not give you permission to be in the U.S. legally. These documents only show that you have a current process with immigration.
Is there a possibility that I can still be detained even though I have proof of my approved petition and provisional waiver?
Yes, even with an approved petition and provisional waiver, you can still be questioned and detained.
Legal Permanent Residency & Deportation: What You Should Know
If I have a paper copy of my Legal Permanent Resident card and my Mexican passport is that enough to protect myself from deportation?
If you are a Legal Permanent Resident, you are still under the umbrella of the Department of Homeland Security (DHS), you are not a U.S. Citizen. Even though you have different rights, you can still face being detained, you can still face deportation, you can still get your Legal Permanent Residence card revoked. You still want to have your Legal Permanent Resident card as a form of identification, and you want to comply by presenting it because it will demonstrate to any law enforcement officer that you are legally in the United States. A passport from your country of origin or a Consular ID does not do that.
If I have an order of deportation and I am detained, does a family petition protect me?
The deportation order is still in effect and the family petition, even when granted, is not a visa or a form of protection that allows you to stay here in the United States. You still must have that deportation order removed by going back to the Immigration Judge and asking the judge to reopen your case.
Deportation and Voluntary Departure: What Happens Next?
If my partner is deported and I have already filed a petition for them, can I continue the process even though they have been deported?
Most likely you can continue your case, however, contact The Gonzalez Law Group and schedule a free consultation so we can evaluate your case.
If a parent signs voluntary departure, can their 21-year-old child petition for them even if the parent is abroad?
It is strongly recommended that the person schedule a free consultation at The Gonzalez Law Group because there is a lot of background information needed to know how to move forward on the case.
U.S. Citizenship
Is it recommended for a legal permanent resident to apply for naturalization if they are eligible?
Absolutely, if you are a legal permanent resident and are eligible for naturalization give us a call so we can help with this process. Right now, it is very important to apply for citizenship if you are eligible.
Keeping Your Children Safe: Prevention and Protection
If I am detained or deported, what can I do so that someone can take care of my children under 21 years of age?
You can establish the power of attorney to appoint a trusted individual as the guardian of your child or children. This legal document allows you to grant specific rights to that person, enabling them to take your children to school, to the doctor, and to exercise any other rights you have designated.
If I am driving with my children in the car and ICE stops me, what will happen to my children if ICE detains me?
If the children do not have legal status in the country, there are child detention centers where they can be taken to. If children are US Citizens, and you have a power of attorney when you are pulled over and detained, the police officer may contact that person on the power of attorney. If there is no power of attorney, the children may be placed in CPS custody.
What rights do American citizen children have if their parents are deported?
American citizen children have the right to remain in the United States. The parents must decide if the children stay in the country or go with them.
Birthright Citizenship
Are we still able to obtain an American passport for our children born in the U.S.? Or did the law ending birthright citizenship already pass?
Birthright through citizenship is a constitutional right that you have. Before anything can happen, the constitution would have to be re-written. Even if the president is trying to move forward with that law it would take a lengthy process to rewrite the constitution. So yes, if you need an American passport for a US Citizen child, you may still obtain it.
Emergency Action: What to Do If Your Family Member is Detained by ICE
If someone is detained by ICE, what route should their family take next?
The family should call The Gonzalez Law Group immediately and ask to speak to a staff member in the Immigration Department.
If you have further questions or need legal assistance, do not hesitate to contact The Gonzalez Law Group at 832-530-4070 to schedule a free consultation.
