Know your rights: If ICE stops you in public

All people living in the United States, including undocumented immigrants, have certain U.S. Constitutional rights. If you are undocumented and immigration (ICE) officers stop you on the street or in a public place, know you have the following rights:

  • You have the right to remain silent. You do not need to speak to the immigration officers or answer any questions.

o You may ask if you are free to leave. If the officer says no, you may exercise your right to remain silent.

o If you are asked where you were born or how you entered the United States, you may refuse to answer or remain silent.

o If you choose to remain silent, say so out loud.

o You may show a know-your-rights card to the officer that explains that you will remain silent and wish to speak to an attorney.

o You may refuse to show identity documents that say what country you are from.

o Do not show any false documents and do not lie.

 

  • You may refuse a search. If you are stopped for questioning but are not arrested, you do not have to consent to a search of yourself or your belongings, but an officer may “pat down” your clothes if he or she suspects you have a weapon.

 

  • You have the right to speak to a lawyer. If you are detained or taken into custody, you have the right to immediately contact a lawyer.

o Even if you do not have a lawyer, you may tell the immigration officers that you want to speak to a lawyer.

o If you have a lawyer, you have the right to talk to them. If you have a signed DHS Form G-28, which shows you have a lawyer, give it to an officer.

o If you do not have a lawyer, ask an immigration officer for a list of pro bono lawyers.

o You also have the right to contact your consulate. The consulate may be able to assist you in locating a lawyer.

o You can refuse to sign any/all paperwork until you have had the opportunity to speak to a lawyer.

o If you choose to sign something without speaking to a lawyer, be sure you understand exactly what the document says and means before you sign it.

Know your rights: If ICE visits your work

All people living in the United States, including undocumented immigrants, have certain U.S. Constitutional rights. If immigration officers (ICE) come to your work place, they must have a valid search warrant or the consent of your employer to enter non-public areas. If you are undocumented and immigration officers come to your work place, be aware of the following:

 

  • Do not panic and do not run away. If you are frightened and feel like you need to leave, you can calmly walk toward the exit.

o If you are stopped, you may ask if you are free to leave. If the officer says no, do not try to exit the building.

o If you are questioned, you may tell them you want to remain silent.

 

  • You have the right to remain silent. You do not need to speak to the immigration authorities or answer any questions.

o If you are asked where you were born, or how you entered the United States, you may refuse to answer or remain silent.

o If you choose to remain silent, say so out loud.

o If they ask you to stand in a group according to immigration status, you do not have to move, or you can move to an area that is not designated for a particular group.

o You may show a know-your-rights card to an officer that explains that you will remain silent and wish to speak to a lawyer.

o You may refuse to show identity documents that say what country you are from.

o Do not show any false documents and do not lie.

 

  • You have the right to speak to a lawyer. If you are detained or taken into custody, you have the right to immediately contact a lawyer.

o Even if you do not have a lawyer, you may tell the immigration officers that you want to speak to one.

o If you have a lawyer, you have the right to talk to them. If you have a signed Form G-28, which shows you have a lawyer, give it to an officer.

o If you do not have a lawyer, ask an immigration officer for a list of pro bono lawyers.

o You also have the right to contact your consulate. The consulate may be able to assist you in locating a lawyer.

o You can refuse to sign any/all paperwork until you have had the opportunity to speak to a lawyer.

o If you choose to sign something without speaking to a lawyer, be sure you understand exactly what the document says and means before you sign it.

 

Know Your Rights: If ICE visits your Home

All people living in the United States, including undocumented immigrants, have certain U.S. Constitutional rights. If you are undocumented and immigration (ICE) agents knock on your door, know that you have the following rights:

  • You do not have to open the door. You do not have to open the door or let the officers into your home unless they have a valid search warrant signed by a judge.

o An ICE deportation warrant is not the same as a search warrant. If this is the only document they have, they cannot legally come inside unless you verbally agree to let them in.

o If the officers say they have a search warrant signed by a judge, ask them to slide it under the door or hold it up to a window so you can see it.

o If the warrant does not have your correct name and address on it and is not signed by a judge you do not have to open the door or let them inside.

o If at any point you decide to speak with the officers, you do not need to open the door to do so. You can speak to them through the door or step outside and close the door.

 

  • You have the right to remain silent. You do not need to speak to the immigration officers or answer any questions.

o If you are asked where you were born or how you entered the United States, you may refuse to answer or remain silent.

o If you choose to remain silent, say so out loud.

o You may show a know-your-rights card to the officer that explains that you will remain silent and wish to speak to a lawyer.

o You may refuse to show identity documents that say what country you are from.

o Do not show any false documents and do not lie.

 

  • You have the right to speak to a lawyer. If you are detained or taken into custody, you have the right to immediately contact a lawyer.

o Even if you do not have a lawyer, you may tell the immigration officers that you want to speak to one.

o If you have a lawyer, you have the right to talk to them. If you have a signed Form G-28, which shows you have a lawyer, give it to an officer.

o If you do not have a lawyer, ask an immigration officer for a list of pro bono lawyers.

o You also have the right to contact your consulate. The consulate may be able to assist you in locating a lawyer.

o You can refuse to sign any/all paperwork until you have had the opportunity to speak to a lawyer.

o If you choose to sign something without speaking to a lawyer, be sure you understand exactly what the document says and means before you sign it.

 

Immigration fees to increase December 23, 2016

 

This chart lists USCIS’ fees effective December 23, 2016. Applications and petitions postmarked or filed on or after December 23, 2016, must include these new fees or USCIS will reject your submission.

Immigration Benefit Request New Fee ($) Old Fee ($)
G–1041 Genealogy Index Search Request 65 20
G–1041A Genealogy Records Request (Copy from Microfilm) 65 20
G–1041A Genealogy Records Request (Copy from Textual Record) 65 35
I–90 Application to Replace Permanent Resident Card 455 365
I–102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document 445 330
I–129/129CW Petition for a Nonimmigrant worker 460 325
I–129F Petition for Alien Fiancé(e) 535 340
I-130 Petition for Alien Relative 535 420
I-131/I-131A Application for Travel Document 575 360
I–140 Immigrant Petition for Alien Worker 700 580
I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) 930 585
I-192 Application for Advance Permission to Enter as Nonimmigrant 585/9301 585
I-193 Application for Waiver of Passport and/or Visa 585 585
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal 930 585
I–290B Notice of Appeal or Motion 675 630
I–360 Petition for Amerasian Widow(er) or Special Immigrant 435 405
I–485 Application to Register Permanent Residence or Adjust Status 1,140 985
I-485 Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years) 750 635
I–526 Immigrant Petition by Alien Entrepreneur 3,675 1,500
I–539 Application to Extend/Change Nonimmigrant Status 370 290
I–600/600A Petition to Classify Orphan as an Immediate Relative/Application for Advance Petition Processing of Orphan Petition 775 720
I-601 Application for Waiver of Ground of Excludability 930 585
I–601A Application for Provisional Unlawful Presence Waiver 630 585
I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) 930 585
I–687 Application for Status as a Temporary Resident under Section 245A
of the Immigration and Nationality Act
1,130 1,130
I–690 Application for Waiver of Grounds of Inadmissibility 715 200
I–694 Notice of Appeal of Decision 890 755
I–698 Application to Adjust Status From Temporary to Permanent Resident
(Under Section 245A of the INA)
1,670 1,020
I–751 Petition to Remove Conditions on Residence 595 505
I–765 Application for Employment Authorization 410 380
I-800/800A Petition to Classify Convention Adoptee as an Immediate Relative/Application for Determination of Suitability to Adopt a Child from a Convention Country 775 720
I–800A Supp. 3 Request for Action on Approved Form I–800A 385 360
I–817 Application for Family Unity Benefits 600 435
I–824 Application for Action on an Approved Application or Petition 465 405
I–829 Petition by Entrepreneur to Remove Conditions 3,750 3,750
I–910 Application for Civil Surgeon Designation 785 615
I–924 Application for Regional Center Designation Under the Immigrant
Investor Program
17,795 6,230
I–924A Annual Certification of Regional Center 3,035 0
I–929 Petition for Qualifying Family Member of a U–1 Nonimmigrant 230 215
N–300 Application to File Declaration of Intention 270 250
N–336 Request for Hearing on a Decision in Naturalization Proceedings 700 650
N–400 Application for Naturalization2 640 595
N–470 Application to Preserve Residence for Naturalization Purposes 355 330
N–565 Application for Replacement Naturalization/Citizenship Document 555 345
N–600/N–600K Application for Certificate of Citizenship 1,170 600/550
USCIS Immigrant Fee 220 165
Biometric Services Fee 85 85

Immigration implications of the election result

The election result and its immigration consequences have caused anxiety and concern among immigration advocates and immigrant communities.

For many, the most immediate question after Trump’s victory is what will happen to the Deferred Action for Childhood Arrivals (DACA) initiative, which granted exemption from deportation and a temporary work authorization to certain undocumented immigrants who came to the US as children.

If Trump ends DACA like he has threatened, it will affect more than 700,000 young immigrants with long childhood ties to the United States. They would lose their ability to work and participate in the formal economy, attend college, and hold driver’s licenses. It would be extremely disruptive and cruel.

Other highlights of Trump’s immigration agenda are:

  • Carry out mass deportation of up to 12 million mainly Latino and minority immigrants – a scale unknown in America’s history;
  • Involve state and local police in immigration enforcement, along the lines of Arizona’s discredited 2010 “papers please” immigration law and now abandoned federal/state programs such as 287(g) and “Secure Communities”, potentially creating a reign of terror in immigrant communities coast to coast;
  • Build a wall against Mexico;
  • Bar Muslims, either as a religion or by national origin from mainly Muslim countries from entering the US;
  • End or sharply cut most, if not all, employment based, legal immigration by abolishing visa categories such as H-1B, J-1, and Labor Certification Green Cards;
  • Send Syrian refugees who are already in the US back (in violation of international law) to their dictatorship and terror-plagued country;
  • Seek to amend or reinterpret the 14th Amendment to deprive millions of American-born children of birthright citizenship, leaving many of them stateless and all of them subject to deportation;
  • Appoint a special commission, which by all indications, could be comprised of extreme immigration opponents such as Jeff Sessions or Kansas Secretary of State Kris Kobach, in order to “review” the current immigration laws and, potentially, return America back to the dark days of the whites-only Johnson-Reed immigration act of 1924;

It is important to remember that Trump does not take office until January 20, 2017. Until then, President Obama is still Commander-in-Chief. This provides the immigrant rights community two months of planning for a range of outcomes. In addition, while some of the above measure can be carried out just by the President’s Executive Power, most changes to the actual immigration laws require a formal rule changing and would need the approval of Congress, and likely take months, or even years to implement.

At this point, it is hard to predict how much of Trump’s campaign rhetoric will actually turn into policy proposals or immediate action, but all of the above cause anxiety for immigration advocates and immigrant communities.