Musings on Immigration

Our Globally Recognized Team of Immigration Lawyers Sharing Knowledge and Providing Counsel on Immigration Issues that Affect You, Your Business and Your Family

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.

The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.

Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:

  1. Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly recommend carrying with you your US passport, or passport card, or a photocopy of your naturalization certificate. Because of the unpredictability of the current situation, we recommend keeping a photocopy of these documents in a safe place at your home, so that if necessary, someone will have access to it.  You may very well need to prove your US Citizenship. 
  2.  Permanent residents. Most people don't know this, but federal law requires that anyone who is NOT a US Citizen is required to carry with them at all times, evidence of their lawful status. You can see that for yourself at 8 USC 1304(e).   So, carry your green card with you at all times! You should also keep a photocopy of your green card in a safe place at home so that it can be accessed by someone in case you lose your card and you need it to identify yourself.  Don't forget about that 100 mile constitution free zone!   You should also renew your green card a full 6 months before expiration.  Don't wait!  If your green card has expired, renew it now. And, if it is not obvious at this point, you should start the process to naturalize immediately!  
  3. Lawfully present nonimmigrants (e.g. DACA, U Visa, EADs, Visitors, Students, H1Bs, etc.). Carry with you at all times your Employment Authorization Document, I-94 card, passport with entry stamp, or other proof of lawful presence (see the law above). Carry the original with you and keep a photocopy in a safe place at home, especially if you are within the 100 mile border area (more than 60% of the US population lives in this zone).  
  4. Undocumented immigrants in the US for more than two years. Keep with you at all times evidence that you have been present for at least two years. Why?  Because President Trump just ordered DHS to examine activating a never used provision in immigration law that allows for the immediate removal from the US of anyone who cannot prove they have been here for two years (absent a claim for asylum).  We do not know when ICE or CBP might activate the change, but we need to be prepared.  Evidence that you might want with you are utility bills, receipts, Facebook posts, mail or any other documentation with your name going back two years, BUT, be very careful of using pay stubs if you have used false documents or information to get your job, as those are prosecutable offenses.  Again you should also keep this information at home so that it is accessible to someone who can help you.  Keep a photocopy at home. And, make sure you have a family plan in place to call for legal assistance if you fail to return home as usual.  
  5. Undocumented immigrants in the US for less than two years.  The bad news is that you need a plan in place on what will happen to your belongings and your family if you do not return home from work, shopping, or school.  Make sure your relatives know they can look for your name on the ICE detainee website.  We assume that ICE and CBP will not release you on bond, and that if you have a fear or returning home, you will need to be VERY vocal about letting everyone know if you are detained.
  6. Undocumented Immigrants with 10 years in the United States and children.  You are eligible for Cancellation of Removal, and release on bond.  Begin now to prepare the paperwork you will need to secure a bond, and to prove your case.  You can read more about this process here. Don't be caught unprepared!  
  7. Non-US Citizens (Permanent Residents, Visa Holders, and Undocumented Immigrants) who have a criminal convictions OR are arrested.  If you have a criminal conviction, or are even arrested for a crime, ICE has begun to detain people in this category and has released only a very few on bond. If you have relief from removal, you are eligible for bond, but, depending on where you are, you may not be released.  Prepare for this by saving money for bond now, and have the paperwork organized so that our attorneys can quickly help seek a bond.   
  8. Undocumented Immigrants with prior deportation orders.  If you have a prior deportation order and have returned to the United States, you are subject to prosecution by the federal government for the crime of reentry after deportation.  President Trump has ordered his U.S. Attorneys to increase the number of people charged with this crime. Depending on WHY you were deported (for example a serious criminal offense), you can spend up to five years in federal prison for reentering the US.  Again, make your plans now about how you want to deal with this situation. If you have a deportation order and never left, NOW is the time to speak to an immigration attorney and seek advice about your options to reopen your deportation case.  
  9. For those Arrested by ICE, especially for the undocumented--Have a plan in place. Decide now who picks up the kids from school/daycare, who will be authorized to do so with the school, who to contact first, have a power of attorney prepared for this.  In the last few weeks we have heard of parents being picked up at school bus stops and at work and home while the kids are in school. Once it happens, there is no time to make arrangements.

Also, do your research now into immigration attorneys that you may call in a moment’s notice. Keep their phone number handy and ready for family and friends to use.  Or better yet, go see an excellent immigration attorney now and see what options you may have available to you.  

We give these warnings because we want people to be prepared NOT scared.  Preparation will ensure that your family is protected. Contact us a 404-816-8611 or ckuck@immigration.net or jgavilanes@immigration.net, if you have any questions or concerns regarding your status. 

233 comments:

  1. Hola Abogado,

    GREAT article! Do you have it in Spanish or should I translate it overnight? It would be great to share in Spanish..

    Best,

    Juan A.

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    1. It's in Spanish at http://musingsonimmigration.blogspot.com/2017/02/si-usted-es-inmigrante-incluso-un.html

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    2. Hello Charles,
      I am not a US citizen and do NOT live in the US. My children are Citizen by birth but live with me in Africa. I renew their passport here in US embassy in Africa. My daughter's first 5yrs passport is expiring and I need to renew the usual way, please what will you advice that I do apart from other usual preparations in view of the new anti-immigration President in town?

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    3. This link only brings you back to the English article, would love to get the right link for the Spanish one! Thanks in advance!

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    4. https://musingsonimmigration.blogspot.com/2017/02/si-usted-es-inmigrante-incluso-un.html works for me in spanish

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    5. Dare, just renew as normal. they cannot take citizenship away frmo a child.

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  2. Would you mind if I made this into a leaflet for distribution to neighbors, employees, etc.? I would attribute it to you. Also, with the Spanish version on your website.

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    1. Please do so. We need to get the word out to help as many people as possible.

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    2. Do you have the Spanish version?? I would like to share it in several Hispanics groups where I'm member. Thank you in advance

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    3. Very interesting comment. I am curious as to where you got your law degree? I have had mine for 27 years, and have represented hundreds of lawful permanent residents in deportation proceedings over the years, becuase, we do indeed deport permanent residents, every day. This is not fear-mongering, this is information sharing, because knowledge is power.

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    4. Charles Kuck excellent reply and thank you for your concern! Why are people in denial? Deportations have been happening under previous presidential administrations, perhaps it not as public but the Trump Administration is definitely about "a show" of power. This is reality, it is happening, it won't go away. BE INFORMED, PLAN, ACT, BE PREPARED, DO !!!!!!

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    5. Charles Kuck excellent reply! Thank you for sharing this valuable information. Why are people in denial? Deportations have been happening in every presidential administration, perhaps not as public, but the Trump administration is all about show of power, it's happening, it won't go away, it's reality! Be ready, plan, be informed and prepared. Don't be afraid to initiate your naturalization process! Do it!!!

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    6. https://musingsonimmigration.blogspot.com/2017/02/si-usted-es-inmigrante-incluso-un.html

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  3. I resent being told as a permanent resident to naturalize now. That man is not going to intimidate me into doing something I have not done for more than 20 years in the US. It is way easier for me to travel with a passport and green card than it would be with a US passport, especially now with our president making no friends in other countries. If my legitimacy in this country is questioned, then I will fight.

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    1. So you would rather put yourself through unnecessary hell instead of taking the advise given here? Do you understand that you are not anymore protected than someone who just became a legal resident? 20 years doesn't mean a citizen. Don't ve foolish! Don't try to fight when the current status isn't in your favor. After 20 years you may feel like a citizen just as much as someone who's born here but your documents say otherwise. Take this golden advise and protect yourself.

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    2. Susan, I couldn't agree more with you on this! I'm glad I didn't naturalize years ago as soon as I could have. My Euro passport seems to be worth more than an American at the moment. I hate this kind of fear mongering. I'm a productive member of society, so if they don't want me here unless I'm a citizen, I'm not sure how comfortable I feel being here. Yes, this is definitely questioning our legitimacy, which I find quite disturbing. The US is slowly but surely isolating itself.

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    3. Same here! I am a Canadian and remain one, and it seems perverse to think that a descent into Trumpistan would be what leads me to naturalize my status as an American.

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    4. Of course, you guys have your reasons and I absolutely respect that. However, having another passport such as a European passport to me doesn't seem like a good enough justification. If you naturalize, you will get full rights to protect yourself and your families (yes because if you can't be present this will affect your family considerably) from these crazy and racist measures this administration is taking. YOu can also partuicipate in the decisions that affect your life such as being able to vote and then depending on your country of citizenship, you may continue being a citizen of that country after becoming an American citizen, so you can have the best of both world. Having a US and a European passport sounds like a pretty amazing deal to me. My point is look at your options and make an informed decision, lwas change... dual citizenship is quite common. Now, if you've already done your research and you know you'd have to give up your current citizenship then that is another case. I'm not here to tell you what to do, but to suggest you look at pros and cons.

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    5. Susan, I'm not an attorney and i can only share my personal experience. There are several countries which allow dual citizenship. I never lost the citizenship from the country where i was born. Again, I'm not an attorney but most countries will not revoke your citizenship if you were born there. I also have friends I the same situation. Depending on what's more "convenient" I / we could use either passport. For the most part US citizens can easily get into most countries but there are some where the other comes handy 😉 with this evil man in charge is safer to naturalize.

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    6. The Netherlands, among others, does not allow dual citizenship (with some exceptions) so if a Dutch national gets USA citizenship they would lose their Dutch passport. And vice-versa.

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    7. Same for Indian citizens. Have to relinquish Indian citizenship if become citizens of any other country

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    8. I really wish more people living here permanently would become naturalized citizens. We need more voting citizens.

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    9. I appreciate this advise and it so needed for so many because America is a land of immigrants. Even The President and his wife are immigrants. That being said as an immigrant it is not my right to be here so I guess I always knew in the back of my mind a time would could come like this because i can see how this world is spiraling in hate and fear. I am a permanent resident with a green card but my husband is a citizen and my children were born here in America. I feared this more when my kids were little but now that they are grown, I don't really fret as much. I am prepared for whatever Trump wants to do, and I am not fear filled or worried. The thing is America is not heaven and no place on this earth is going to be heaven for me. I just know that wherever I find myself I will make the most of it and will be more than okay. I am not going to live in fear or repining. I am going to take life as it comes and bloom wherever I am planted. That is where is my heart and mind is today.

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  4. ADVICE FOR IMMIGRANTS TO USA

    This is an excellent brief advisory on being an immigrant in the US of A, and applies whatever category -- whether you are a citizen, legal resident or unauthorised.

    In these times of a President who appears to be anti-immigrant it helps to be prepared in case the worst thing happens.

    One could almost simply just apply the article to the UK/European immigration situation.

    One thing that could be added is to get the migrants' respective families, Embassies and countries to be prepared for the potentially huge influx of returned (deported) citizens and the impact on everything and everyone.

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  5. How about asylum seekers who got interviewed years back but never got a feedback. What do we do when they come calling.

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    1. renew your asylum case in immigration court

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    2. What asylum seekers still waiting for hearing from the immigration judge and theyou have EAD

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  6. What about dual citizens? Any advice for crossing borders?

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    1. If you are dual citizen, the US Still recognizes that, and full due process protections apply to you. Best advice, always tell the truth to border officials!

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  7. Am an immigrant on process less than two years but i have a baby with two month old citizen how would they manage this?and any advice please

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    1. I would suggest contacting an experienced immigration lawyer near where you live to talk about your options.

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  8. Great Article, I would only suggest that you don't refer to the president as "Anti Immigrant". He's actually, as most Americans are, against immigrants that break the law by crossing the border illegally. So to be fair He's against illegal immigration not simply immigration or immigrants.

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    1. That is actually a common misconception about the President. in fact, he has surrounded him self with people who want to limit LEGAL immigration to the US, and he himself has said this on multiple occasions (except when it comes to staffing Mar-a-Lago.

      https://www.cato.org/blog/trump-against-legal-immigration-too

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    2. The executive order immigration ban was not directed at illegal immigrants but at people who went through all the vetting and processes specified by the government; who were lawfully entering the United States when they were unceremoniously sent back with no notice.

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    3. There are THREE executive orders on Immigration, not just the BAN EO

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    4. Can you share to us what those 3 executive orders on immigration are? And according to you, not just the ban?

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    5. https://www.washingtonpost.com/world/national-security/trump-administration-circulates-more-draft-immigration-restrictions-focusing-on-protecting-us-jobs/2017/01/31/38529236-e741-11e6-80c2-30e57e57e05d_story.html?utm_term=.e08b84b21a8b

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  9. Do you have any thoughts on what parents of adopted children should do, if the kids have their certificate of citizenship?

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    1. GO ahead and get their US passports. They will be fine

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  10. Hola me casé en el 2008 pero resivi mi residencia permanente por 10 años en el 2014 cuando puedo aplicar para mí ciudadanía?

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    1. 5 anos desde su residencia condicional

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  11. As a green card holder, is it advisable to travel out of the country? I am planning to go to Liberia next month

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    1. Of course you can travel, as noted, if you are going for longer than 6 months in a 12 month period, you should apply for a reentry permit prior to traveling.

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  12. I am a US citizen. If I ever leave the US, even for 1 meter outside border, I carry my passport. What does "within 100 miles of US border" mean? This was always the case, 1 mile or 1000 miles.

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    1. This is a great question. The 100 mile zone is 100 miles INSIDE the US from any border, land or sea. In that HUGE space, where 60% of Americans live, ICE or CBP, can ask for your papers, with no probable case.

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  13. What a sad state this is right now but might be a reminder not to take things for granted and for Americans to really get more involved again in civics going forward. Not leave it alone to a very small group of old people making bad decisions for you.

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  14. How about mrs President Melania self?? She is Not origin from USA

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  15. This is very helpful. Thank you so much.

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  16. Do you have this available, or in the process of being available, in additional languages as well? Arabic? Etc.

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  17. What about if one is travelling within the states by flight using the driving licence airport to airport do they need to worry too

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    1. Under Obama, anyone could travel with a valid passport, regardless of whether they had a valid visa. We have not heard whether TSA is changing that policy under Trump, but when we do, we will get the word out.

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  18. As well as having paper copies of your documents at home, you should consider having digital copies stored online, on any safe cloud service you feel comfortable using (Dropbox, Google Drive, etc). Easy to access from any device with internet connection. Just remember to choose a strong password :)

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  19. Quick question: the USCIS website says you can't use a naturalization certificate for any legal purpose except when submitting proof of status in a petition for an immigrant. Does that mean we wouldn't be able to use our naturalization certificates for proof of status, should the occasion arise? Thank you! https://my.uscis.gov/helpcenter/article/can-i-make-a-copy-of-my-certificate-of-naturalization

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    1. You can make a copy of it. But you can also obtain a passport card from the DOS and carry that.

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  20. As of today, those of us that carried I-94 no longer has the hard copy but online. Do we still have to print it out and keep it with us? Or would that be something that they can look it up online if investigating?

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    1. I would print it out and keep it with you. Better safe than sorry.

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  23. I am a permanent resident and have plans to travel to the UK for my niece's wedding but am not sure if I should embark on this journey with the current situation of things.

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    1. Go ahead and travel. YOu are fine. Trump and his staff have made it clear that traveling as a permanent resident, so long as you have not criminal arrests or convictions since you became a permanent resident, are fine.

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    2. What if a permanent resident and have been arrested but charges was dismiss can the person still travel outside the US and return ?

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    3. Carry with you confirmation that the charges were dismissed in the form of a certified disposition.

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    4. A relative is coming to the US next week for 5 months on tourist visa (this will be her second entry). She's got 2 years H1/H2 visa which won't expire until next year. Do you think there might be a problem with her coming? Could she be denied entry and sent back? If yes, what are the things to have in mind to get prepared or even avoid such. Or should she just stay back? Everything just sounds scary at this time. Thank you.

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    5. I suggest contacting offline, either us or another experienced immigration attorney.

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  24. Can hubby reopen his case even before 10 yrs deportation notice up? It will be 10 yes in May 2018. We have 2 US born kids.

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    1. I strongly suggest contacting a local, reputable immigration lawyer to get an answer to this question. a LOT more information is needed to advise you on this.

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    2. Do you know how to find reputable lawyers? We had two in the past that we felt we were taking disantavaged of.

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    3. One, check out AILA.org or Avvo.com and look at Google review.s Make sure thay have a good website, and have a lot of experience, and only practice immigration law.

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  25. I am naturalized US citizen born in Pakistan, and have been here for 20 years since I was 10 years old. My wife (US born citizen) and I had bought a honey moon trip to Greece in May. Can this be a problem? I have my passport and have never had problems with travel.

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  26. I'm an US permanent resident and not born in any of the 7 countries that were listed in the travel ban. I had traveled to Libya in 2002, for 3 weeks on some business. That is 14 years back. This is will before I came to US for the first time as I came to the USA in 2006. Does the travel ban impacts only the citizens of the 7 affected countries or the people who visited to these 7 countries also get affected ? If the EO doesn't talks anything in matter, by considering that I have traveled to Libya in 2002, what do you advice on travelling outside US at this time ?

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    1. That is a great question that is NOT covered in the ban. It will also depend on what country you are a citizen of.

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    2. https://www.google.ca/amp/www.mirror.co.uk/sport/football/news/manchester-united-legend-dwight-yorke-9837827.amp?client=safari

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  27. This is so wonderful and much needed. Thank you. This truly makes a difference.

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  28. Good day Sir, I will just ask regarding my b1/b2 tourist visa. I am planning to go in NYC next month march 2017 for a short vacation for 1 week to 10 days only, and Im here in saudi arabia as an overseaes worker and my nationality is filipino, do i have to worry upon entering US?

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  29. What happens if a Green card holder who has been arrested since getting the green card, although not convicted. Does innocent until proven guilty still apply or did Trump just remove that? If that holder travels to some country other than the 7 in the EO, can they expect to be able to return home without issue?

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    1. The return question is what, exactly is the crime for which the person who is arrested? If a person is an LPR, then a mere arrest cannot lead to deportation, BUT a mere arrest can result in extended questioning at the airport when returning because of the different standards between deportation and exclusion. We strongly recommend NOT traveling while a criminal case is pending

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  30. Can misdemeanor on Peace order can affect your immigration benefit.

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    1. That would depend on the specific state statute. You should consult an experienced immigration lawyer in your state.

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  31. Hello, for K1 visa holders who already married a US citizen and are waiting to hear back from USCIS about the status of application for permanent residence, will the marriage certificate suffice as proof of legal presence if I-94 is already expired?

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    1. You should have your 485 receipt notice as proof of lawful presence, along with your passport and employment card

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    2. In my zeal to provide the documents to DHS sooner, I lost the passport.
      It might turn up at the Iranian interest office at Pakistani Embassy,
      but if it doesn't what are my options?

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  32. Hello sir, what are the options of an undocumented couple who have been staying in the US for more than 8 years to be able to remain in the US? Thank you for your great info!

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    1. You should meet with an experienced immigration attorney to determine what options you may have, if any.

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  33. Please what is the fate of a citizen filing for his parents or siblings?

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    1. Those processes continue for now, but two senators just introduced a bill to eliminate your ability to sponsor your siblings.

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  34. Hi Charles. My mum is a green card holder and it will expire this year. She's due for her citizenship now but she can not speak English and they don't have interpreters in her language. She's 49 years old. So She will have to go thru all the process of getting the citizenship. What do you suggest we do?

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    1. Honestly, enroll your mom in English classes. She is young. She can learn the language.

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  35. My husband is a naturalized citizen, he does not have a passport. We were planning on getting one, but now we are concerned about applying for one and sending in his paperwork, which would leave him with nothing on hand. Can we use a legal copy rather than the original? He does not look or sound like what most consider a stereotypical immigrant, but just the same.

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    1. Just keep a copy. That is completely legal and fine!

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  36. Good article. What about people with a Temporary Protected Status (TPS)?

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    1. Didn't want the blog too long. TPS is actually a type of nonimmigrant visa "status" per USCIS, so they should follow the advise I give for those with lawful status. They should carry their work card with them t all times

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  37. OMG! This is the BEST article I've ever read and it was giving me goosebumps as i went along. Like the silver lining in this desperate situation I'm in. I NEED YOUR HELP BADLY ! And, have no fear i have NO criminal record at all just purely a good person with good moral character.

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  38. There are a lot of states whose licenses are not the correct type to fly with and will not be allowed to travel using just their license starting in 2018. If you don't have a passport get one! It's a very important document to have even if you don't plan on ever leaving the us!

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  39. Hi, Chuck
    Long story short, my husband was a permanent resident in the US til he got into trouble 2005 and the immigration office revoked his green card and now he's on the deport list. But than his dad became US citizen in 1987 and his mom became US citizen in 1992. I don't when but there was a law stating that if one of your parents became a US citizen before you turned 18 your an automatically a citizen. Also his older brother went to do the citizenship 2 years ago and immigration people said to him that he didn't need to do the citizenship test cause his parents were US citizens before he turned 18 years. So, how is that my husband got deny to become a US citizen?

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    1. email me offline at ckuck@immigration.net so I can get some more information to answer your question.

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  40. Mr. Kuck, what would you recommend for the following situation: have TPS, married to a US citizen for 11 years and have a child together. Was not granted the petition requested because entered the US twice illegally. Options until now have been to stick with TPS and not leave the country or go back and wait up to 10 years possibly for the "punishment". It would be difficult for the family to keep their head above water without that person and not to mention the strain on the relationship.

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  41. Claudia, if you entered the US twice without inspection, then you are permanently barred from getting a green card through your spouse, and can only ask for forgiveness AFTER you have lived in your home country for 10 years. There is no way around that bar. Perhaps Congress will fix this law that prohibits millions of people from legally immigrating.

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  42. Hello Kuck,
    once again thanks for your invaluable service to the immigrant community.
    I've been a permanent resident for 10 years now, I recently applied for citizenship; however, due to the heavy backlog triggered by the election there's a substantial processing delay. I have had my fingerprints taken though and just waiting to be tested. The thing is my permanent resident card expires in 2 months and I've been offered a job overseas. What should I do in that situation?

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    1. Generally speaking, if you applies for citizenship more than 6 months prior to your green card expiration, go to USCIS in an infopass and they will extend your green card another 6-12 months to enable you to continue traveling. You should be naturalized within that time frame.

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    2. 👍👍👍👍👍👍👍👍👍

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  43. Hello,

    Where did you get the information in regards to point 4? Why is it two years? Where was this two year evidence defined in?

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    1. https://www.whitehouse.gov/the-press-office/2017/01/25/executive-order-border-security-and-immigration-enforcement-improvements Section 11(c). Follow the cites. its all in black and white for those who read it!

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  44. How about "DUAL CITIZENSHIP* any information on that? Thanks in advance

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    1. Here is some guidance on the topic, its a little dated, but a good starting point: http://www.multiplecitizenship.com/documents/IS-01.pdf

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  45. i have an adult child overseas and I filed for her in 2015,, would she be grandfathered in the system if they pass the bill to stop the filing for adult children?

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  46. Hi Mr. Luck, thank you for the valuable information. My spouse and I went for our immigration interview on November 16th, 2016. We did well in the interview but forget to bring my spouse's 1st divorce decree (we thought the most current decree was sufficient) Anyways the sent us formal request for more evidence (decree) which we sent back on 11/23. My worry is that they have not responded and my uscis website still shows the invite for the interview. With the current state of affairs, should we be worried. I was given a work authorization card and advance parole. I have traveled abroad twice on the parole and got back (before 1/20) without a problem. Kindly advise.

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    1. we usually give USCIS 90 days to respond before inquiring in an Infopass

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  47. Hi Charles,
    My dad is an immigrant but stayed in the Philippines for two years, my sister is planning to buy a ticket to US as she counsulted a lawayee and was advised that it is okay for him to go back (that consultation happened before trump became president) I want to know your thoughts about this on what my father would expect once he reaches USA again.your reply will be truely appreciated .Thanks!

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  48. Hello. I am a green card holder, but am outside the USA. I left for a semester in college, and plan to go back before the 6 months. My original plan was that I will return in the USA for the summer...and I need to go outside the USA again for another semester which would last 5months (my last semester in college).
    Will that be okay, or will I have a problem with that situation?

    ReplyDelete
    Replies
    1. I would suggest getting a reentry permit the next time you are back in the US, to ensure an over-aggressive CBP officer does not harass you.

      Delete
    2. Hi, a friend won the dv visa lottery in 2003 but her case was not mentioned for visa because they claimed that a lot of people won the lottery that year in her country and so they stopped the issuing of visa before it reached her case number. She is in the US now for more than 2yrs with her kids. Is there any chance for a revisit on this issue. Thank you.

      Delete
    3. The lottery is a one year program. if she did not get her green ard in that year, she has to apply again

      Delete
  49. Hi Charles, I need your help I claimed asylum at the port of entry and I av 6 months old US citizen with me. Am currently on a parole of 6 mnths to see a judge.wat are my chances and can I apply for school to check my status to F1 while I wait or just hold on. While my lawyer works on my case.

    ReplyDelete
    Replies
    1. THis is a case where you should meet with your lawyer and make wise decisions!

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  50. Hi i am holding a a2 visa and it will expire next year.can i still travel to my homeland and travel back to US? ARE THERE ANY NEW LAWS that forbids renewing a2 visa? Can i renew it?

    ReplyDelete
    Replies
    1. A-2 visa holders are not barred, from any country.

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  51. Thank you so much for sharing this!

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  52. Mr Kuck, I'd red the whole article and all the comments here in this blog. I just want to say thank you for all this information and for giving your time and your good advice to all these people who are confused, troubled and in need of help. I am not an american citizen, nor leaving in america, I'm a filipino residing in Philippines working as a seaman but have a US Visa C1D class, just for us transit if ever the vessel went to america. I have lots of relatives and friends leaving in america and all of them are us citizens now. I believe that this infos are very useful to all them. So I say thank you in behalf of all the immigrants leaving in america right now who are in need help. More power to you Sir.

    ReplyDelete
  53. Hello Chuck. I currently have no status here. I have a felony record but I've been here over 17 years. I still have a deportation order against me and I've tried to get it removed but the courts have denied even looking at my case again.

    My son is 11 years old and he has a severe medical condition, that can only be treated here (not in my country). I still report to immigration every 6 months. What do you suggest i do. What are my options.

    ReplyDelete
    Replies
    1. This is the kind of case that requires a meeting with an experienced immigration lawyer. Generally speaking, the only option is a "Stay of removal." But, as I noted in another blog. those are going to be hard to come by under Pres. Trump and his liberated ICE.

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  54. Hello Chuck, thanks for this valuable information. I have an order of deportation. ICE tried deporting me despite me trying to appeal the criminal case they said I was deportable under. I cooperated but in their quest to get me a travel document from Liberia, my country of birth they failed bcus the Liberian consulate told them I'm not a citizen of Liberia bcus my father was a foreigner and not Liberian. I was released but the past 10 years I have been reporting to ICE. I have 5 children who are all US citizens. What are my options sir?

    ReplyDelete
    Replies
    1. You need to talk to an experienced immigration lawyer. depending on why you were deported, and if any of your children are 21 and if you entered legally, you may have options

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  55. My attorney requested that but i was denied as well. Now my drivers license expired and they are refusing to renew it because i need the work permit which homeland security also denied me twice. Do you have any suggestions for me. Thank you.

    ReplyDelete
    Replies
    1. Without knowming more about your case, and having an in depth consultation, no.

      Delete
  56. Thank you for this valuable information. I've had permanent resident card since 1985. Married for 17yrs to US citizen. Remarried now for 6 years to a US citizen. Was convicted of traffic felony. Going over 100mph in 2009. I never considered becoming a citizen but am really considering it now. Will I have a problem because of felony. Other than that, I've never been in trouble with the law. Raised 3 children, Worked and paid taxes all my life. Thank you in advance!

    ReplyDelete
  57. You will be fine to naturalize Good luck!

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  58. I have traveled back to my country on TPS after my parents brought me here illegally as a child.am I still considered illegally coming here?

    ReplyDelete
    Replies
    1. You now have a legal entry and if you marry a US citizen, you can apply for a green card.

      Delete
  59. Hello Chuck, thanks for this valuable information. I have been in the US since 2001. I have 5 kids who are all US citizens. I'm currently on an order of supervision with ICE for the past 10 years. I had a criminal case back in 2003 when on TPS and ICE said it made me deportable.I don't have a felony. Long story short I was kept in custody for over 10 months. Despite me trying to appeal said criminal case ICE tried to deport me. In their quest to get me a travel document from Liberia,my country of birth they failed bcus the Liberian consulate told them I'm not a Liberian citizen bcus my father was a foreigner and not Liberian and the Liberian constitution states your are not a citizen if your father is a foreigner. ICE even set up a conference call with the Lebanon consulate (my deceased father was from lebanon) back in 2006 but of course I wasn't born there so they couldn't issue me a travel document. ICE released me and I have been on an order of supervision for over ten years where I report to ICE once or twice a year. My next check in is in March 2017 and I'm afraid cus i don't know what will happen. I have two sisters who are US citizens and all my kids are here. Both my parents are deceased. America has been my home the past 17 years. Please advise!

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  60. This is scary I have been in the us for more then 20 years I can't see myself going back to a country I don't know I came here when u was 5 I'm 27 now

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  61. I have been here for 22 years I been here since I was 5 just can't imagine going to a country I don't know

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  62. Mr. Charles,
    I have concerns about 10 year green card for I never received mine and it has been 4 years since I removed my conditions . I get a renewal stamp every year on my passport . Last year when I went, the officer who issued the stamp said that there is no additional information needed. I have gone for 2 interviews already. I'm due for another renewal in a couple of months. Please advise on how to proceed going forward.

    ReplyDelete
    Replies
    1. A lawyer can resolve this in short order. I recommend contacging an epxerienced immigration lawyer

      Delete
  63. I have been married to a US citizen for almost 10 years now. My husband didn't want to sponsor me to adjust my status because of a prior criminal activity and was afraid of being arrested. He is serving time in Prison now, is there a way of adjusting my status without his involvement? Thanking you in advance.

    ReplyDelete
  64. The First Lady was not born here, does she need to carry her passport, her son's passport and the passport of her stepchildren born by other foreign women when traveling a distance of 100 miles? Those who live in glass houses shouldn't throw stones.

    ReplyDelete
  65. Hello Mr. Kuck, Thank you for this article. My sister has TPS which will expire in July. She also has her 2 high school aged non-citizen daughters with her here. She's been here since 2010 or so. What advice do u have for her please? She's concerned that they may not renew her TPS. Please help!

    ReplyDelete
    Replies
    1. Trump appears to have no intention to withdraw TPS. So, there is real advice to give.

      Delete
  66. I will be in process to become a citizen, i had a major setback and had to request foodstamps. Would this affect my acceptance to become a citizen?

    ReplyDelete
    Replies
    1. Under trump is could be, but it should not be. A lot depends on teh officer who interivews you

      Delete
  67. I am a united states citizen by naturalization but originally from Nigeria,do I need to get a visa to visit Nigeria cos of the current government policy or just traveled with both passport ?

    ReplyDelete
    Replies
    1. No. You can travel on your US passport.

      Delete
  68. I have been told that once someone applies for citizenship and receives it, their nationality papers and such from their home country is shredded, there are no trace of having been a different nationality before getting naturalization in the States. It seems odd to me that the government would erase all trace of ones past citizenship. I'm wondering if that is true.

    ReplyDelete
  69. Hi Mr Chuck thanks for the good job. In my own situation I just find out that my green card just expired because am about to travel for my father funeral then I call immigration office they me to fill for renewal on line and I should bring my passport to be stamp but I have a child support case and my driver license as been suspended because of child support payments and any time I travel before out usa they always stop me at the airport but later they let me go .My question now is that can I fill for both my green card renewal and and citizenship together because I don't know what can happen and I did not fill for my tax last two years and I have been arrested before for traffic offences. Help pls

    ReplyDelete
  70. Thank you Chuck for your valuable advice. I have lived in the US since 1999, but for the last 5 years I have been working for an International Organization in Africa. I usually visit my 3 children, two or three times a year, using a visitors B1/B2 visa, currently valid till 2021. In 2004, I was arrested for Domestic violence in NJ against my wife (she's now an ex-wife). The judge granted me a carry over sentence of 6 months. My lawyer who had urged me to plead guilty explained that this was not jail term and that after 6 months, the record would be expunged. However, when I was renewing my visa, it was written NCIII hit does not affect visa. So Everytime I came to the US, I would be stopped briefly for questioning. This stopped in 2015 when I got a 5 year visa (maybe due to elapsing of 10 years since the conviction). My two questions; 1. Will this prevent me from being admitted to the US now? 2. If I am denied entry, can I be let to fly to Canada from Newark so my children (they are US citizens) can come to meet me there?

    ReplyDelete
    Replies
    1. This should not harm your chances of entering the US or acquring permanent residence

      Delete
    2. Thank you Chuck, you are a Godsend. Kindly let me have your contacts, I would like to refer my friends to you and also I may need your services at some point.

      Delete
  71. Hi, thanks for this great article. I am came in legally with a B1B2 visa wch has expired. I'm currently engaged to a us citizen n im pregnant. We plan to get married soon and file for my change of status. Pls advise me on how to go about it, I'm living in fear now. Thank yu

    ReplyDelete
    Replies
    1. You file a one step immediate relative, adjustment of status case and get your green card! I suggest hiring an experienced immigration attorney to assist. If we can help, just email me directly. ckuck@immigration.net

      Delete
  72. I have a pending prima facia am I at risk?

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  73. I have 2 cousins with valid green cards that have been residing in their birth county, Italy for the last 2+ years. They are planning on coming to the US in June for my brother's wedding. Will they have difficulty upon re-entry?

    ReplyDelete
    Replies
    1. THey should apply for an SB-1 visa before coming back, as CBP may want to confiscate their green cards. read more here: http://musingsonimmigration.blogspot.com/2017/01/know-your-rights-8-things-you-should.html

      Delete
  74. Great article!
    If one has been a US permanent resident since May 2011 and was arrested for DUI in Aug 2016, but the charges were reduced to reckless driving conviction... how would this affect that person's US residence and travel/deportability?

    Thanks,

    ReplyDelete
    Replies
    1. you should meet with an immigration lawyer with experience to review this situation. Generally speaking permanent residents cannot be deported or denied entry for a DUI, but you will have to wait 5 years to become a citizen in some parts of the US, after your DUI.

      Delete
    2. Thanks Charles. I am in the process of finding an immigration lawyer.
      To reiterate what you said - even with the President's new executive order on immigration, this DUI/reckless driving won't be a ground for deportation?

      Regards.

      Delete
    3. Generally speaking, that is correct. Each state's laws are different. on how they treat DUIs

      Delete
  75. Just out of curiosity how do the 9 points mentioned apply when entering the USA via embarking from a ship or plane to a port or airport?

    ReplyDelete
  76. Hi Mr Kuck, my sister has been in the US for about 17 years but did not renew her green card when it expired 7 years ago. She is now planning on renewing it within a few weeks, the fact that it has been 7 years, will she get in trouble or what should she expect going forward with the process of renewing and also what should she do if she was to be stopped by ICE (no criminal history)

    ReplyDelete
    Replies
    1. She should have not problem renewing her green card!

      Delete
  77. I have a friend who joined the US army and has been shipped to Oklahoma City for his course.
    Please Charles, do you have an idea if the armies there are fine?

    ReplyDelete
    Replies
    1. Honestly, I have no idea what your question is here, and how it is related to the topic.

      Delete
  78. I have a friend who joined the US army and was shipped to Oklahoma City last month for his 3 months course.
    Please Charles, do you have an idea if the armies there are fine?

    ReplyDelete
    Replies
    1. If your friend is in the US army, he is a citizen.

      Delete
    2. Thanks Charles, for your response.

      Delete
  79. Replies
    1. Hi Annette, was your response to my question please?

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  80. Newly applied for my greencard, I've been here for 7 years and have a 1 yr old son with my husband. Can I get deported despite newly applying for my greencard? What documents should I carry with me? Do I need to carry proof of application? What proof can I provide? I've only gotten an email indicating that my case was received.

    ReplyDelete
    Replies
    1. Carry your receipt notices. You will be fine

      Delete
  81. Hello Charles I came to US with b1/b2 visa but I have applied to uscis for f1 visa through school but still awaiting approval from uscis what do i do.

    ReplyDelete
    Replies
    1. Hi Mr. Kuck,
      I sent that question last week maybe u missed it. Hoping u can help me out pls.
      My sister have been leaving in the USA since 2009. She was granted TPS since she was here before the massive 2012 earthquake in Haiti. She's here with both of her children, they're in high school. Her TPS expires in July and she's concerned bcz by now she would've heard something as to how/when to get it renewed. Do u know if they're renewing TPS? If not, what should she do?

      Delete
    2. Hello kuck I came to U.S. with b1/b2, I have applied for change of status to f1 with uscis through school. I am waiting for approval. What document do i carry along with me, also I hope it will not affect me.

      Delete
    3. your receipt notices and passport and i094

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  82. If you are here and paying your taxes is there any way you can apply for your green card

    ReplyDelete
    Replies
    1. just paying taxes does not get you a green card. :-( If hhat were the case, we would have very few undocumented immigrants.

      Delete
  83. Hi Mr Kuck

    Thank you for posting this. I'm a little worried. I have two arrests here, one justified and one not. First one is a dui over 5 years old and now expunged. The other is a drunk in public place which was dismissed due to no grounds for arrest. I have already spoken to a lawyer and he said it may be best to wait 2 years to apply for citizenship. Does this sound like good advice? I'm worried with the current situation. I don't drink anymore and my life is perfect now with a wonderful woman I am marrying in October.

    ReplyDelete
    Replies
    1. You must show good moral character for 5 years prior to filing for natz. looks like yo only have one conviction, 5 years ago, so you are good to file.

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    2. Does the other one not matter? As it was dismissed? I consulted a lawyer for a free half hour and he said they may take it into account.

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    3. So free legal advice told you to wait? Without a detailed look at your case by an experienced immigration lawyer it is nigh on impossible to advise you. Generally speaking an arrest is NOT grounds to deny naturalization if there was no conviction.

      Delete
  84. I have spent almost half my life and definitely more than half of my adult life in America. I'm a citizen. Of America is good enough to live in then it's good enough to be a citizen of.

    ReplyDelete
  85. I am a naturalized US Citizen but my citizenship certificate is lost...cannot find it; how can I get a replacement certificate please?

    ReplyDelete
    Replies
    1. Apply for a new one at www.uscis.gov. They are not cheap.

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  86. Please I need your advice I enter United States 2yrs ago and I got married to a U.S. citizen late last year and submitted my AOS and Employment authorisation petition last year and I only have the receipt I'm yet to get my work authorisation card so what is my faith and what documents do I need to be safe

    ReplyDelete
  87. Good day Mr. Kick. Thank you for this very informative blog. I am a naturalized US citizen. I have adopted a toddler from my home Island of Grenada, how can I bring my adopted child to the U.S with me on my next visit to Grenada. Things are very difficult under this new administration. Thanks

    ReplyDelete
  88. i had came here with a B1 visa and overstayed my time and got married to a LPR holder and in my 3rd year of marriage I became VAWA and been approved and EAD approved too but lost in the mail. What shall I do now?

    ReplyDelete
  89. I'm a US citizen by naturalization, can still apply for fiancee visa from Africa and what are the process thx.

    ReplyDelete
    Replies
    1. Yes you can. The details are on my website at www.immigration.net.

      Delete
  90. I live in Venezuela and my daughter is an US citizen, we aplply for the I 130, when we get the answer, do you sugest that we apply for the green card here in Venezuela or we better travel as tourist and apply there in USA ?

    ReplyDelete
    Replies
    1. You have to be very careful here. A person who travels ina visitor visa with the intent to get a green card immediately after entry would be inadmissible to the US.

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  91. Hi my husband and I have 10 months baby born in USA but we are undocumented how should we do? Any advice please?? So scared

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