If you have any available option to legalize your status, seek legal assistance to begin that process immediately:
- If you are married to a USC and entered with a visa or only entered the U.S. one time without a visa, there may be a pathway to obtain permanent residency.
- If you have a USC child who is at least 21 and you entered with a visa, there may be a pathway to obtain permanent residency.
- If you have been the victim of a violent felony, a sexual offense, or a domestic violence crime and cooperated with law enforcement, you may be eligible for a U-visa even if you entered without a visa or have an order of removal.
- If you currently hold DACA or TPS status and are married to a USC and have a pathway to obtain a green card, act swiftly as those programs are subject to termination.
If you have a pending immigration petition or application, keep a copy of all receipt notices with you at all times.
If you are referred to removal proceedings in immigration court, seek legal assistance immediately to discuss any possible forms of relief including:
- Spousal petition if married to a USC or LPR
- Asylum application if afraid of returning to your home country (must be filed within one year of last entry to the U.S.
- Cancellation of removal – available to some foreign nationals who have resided in the U.S. for at least 10 years, do not have disqualifying criminal convictions and can show “extreme and exceptional hardship” to a USC or LPR parent, spouse, or child. Approval results in a green card.
If you have lived in the U.S. for more than two years, assemble and carry evidence of your physical presence for the past several years:
- ICE is expanding the use of expedited removal. Expedited removal allows immigration officials to remove you from the U.S. without a hearing before an immigration judge. In the past, this only applied to individuals who were found near the border and had been in the U.S. for no more than 14 days. A new policy expands the use of expedited removal to cover the entire U.S. and applies to anyone suspected of being in the U.S. for less than two years.
If you are detained by ICE and have never been ordered removed by an immigration judge, do not sign any documents without speaking with an attorney. If you mistakenly sign agreeing to expedited removal, you are giving up your right to appear before an immigration judge.
If you are a naturalized citizen or LPR, keep proof of status with you at all times, as there have been reports of U.S. citizens being swept up in immigration raids:
- If naturalized, keep a copy of your naturalization certificate, U.S. passport, or driver's license and social security card with you.
- If an LPR, keep your green card with you and keep a copy at home.
- If you have TPS, DACA, or U-visa status, keep your EAD with you and keep a copy at home.
- If you have a valid non-immigrant visa, keep your passport and visa with you.