EXECUTIVE ORDER ADVICE

The following is a compilation of advice from fellow immigration attorneys across the U.S.:

The White House has been rapidly issuing executive orders with major impact on immigrants and other individuals who are not U.S. citizens. In light of these developments, we have the following recommendations which could be relevant to you or to someone you know”

1. Be sure that at least two trusted individuals know your name, date of birth, country of origin, and A number if you have one, and have the contact information for our office.

2. If you are a lawful permanent resident, student, visitor, or in other lawful status, carry a copy of your green card, I-94 card, or other proof of status with you.

3. If you are here on a student, visitor, exchange, or temporary worker status, consult with a lawyer before traveling out of the U.S.

4. If you are from Iraq, Iran, Libya, Syria, Yemen, Sudan, or Somalia, it is probable that you will not be able to return once you leave the U.S. unless you are a United States Citizen or Permanent Resident.

5. If you have DACA, consult with an attorney before traveling on an Advance Parole.

6. If you have a pending I-589 asylum application, I-360 application, or I-485 adjustment of status application, carry a copy of the receipt with you and give a copy to a trusted person.

7. If you have a valid social security card, driver’s license, and/or work permit, carry that with you and give copies to a trusted person.

8. If you are contacted by the FBI and asked to help them, contact a lawyer. It is usually not advisable to speak to the FBI unless a lawyer is present.

9. If you are afraid of being persecuted in your home country and have not yet filed for asylum, consult with an immigration attorney as soon as possible to analyze your asylum case.

10. If you have children, they should always have the name and contact information of a trusted person, and the trusted person should have your information.

11. If you do not have a license, do not drive.

12. If you are in a car which is stopped, only the driver has to present a license. Any passenger should only give his name and not answer any other questions. Ask if you are free to leave, if so, leave calmly.

13. If you are stopped by police on the street, do not answer any questions other than your name. Tell them you have the right to remain silent and ask if you are free to leave.

14. If you are arrested. Repeat clearly that you want to remain silent and you want a lawyer. Do not answer any questions other than your name. Call a trusted person and tell them to hire a lawyer.

15. If someone comes to your door saying “Police, open up” DO NOT OPEN THE DOOR. Ask the officials if they have a WARRANT, to pass it under the door. Take a photo of the warrant and send it to a lawyer or other trusted person. If the warrant is not signed by a JUDGE or MAGISTRATE and does not have your name and address on it, you do not have to open the door. Don’t answer any questions.

16. a. If you are not currently in valid non-immigrant or immigrant status for any reason, and have been in the U.S. for more than two years, assemble proof of your presence here for at least two years. Proof could be bank statements, phone bills, rent receipts, your signature on your children’s report cards, or other documents. Carry a copy of these documents with you, and give a copy a trusted person. Do not carry with you any document that says where you were born. This is because it is possible that individuals who have been in the U.S. for less than two years could be deprived of the right to defend themselves in immigration court based on Expedited Removal provisions.

b. Expedited Removal is an immediate order without any further hearing, review, or opportunity to apply to stay in the United States unless the person expresses a fear of persecution, in which case he or she is afforded a “credible fear interview” to determine whether he or she may apply for asylum. Individuals subject to expedited removal generally are not informed of their right to counsel. Likewise, they are not provided a sufficient opportunity to contact counsel to help them challenge the charges against them or present evidence that is not with them at the time of apprehension. Again, evidence of being in the United States in your possession should prevent Expedited Removal from taking place.

If I can advise you or help you in any way, please contact my office to ask for an appointment to visit with me. Once you are my client, you are welcome to email me. Subscribe to our RSS Feed

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