Understanding Your Immigration Status
Don’t Panic: No Immediate Changes
We understand that there is a lot of anxiety and fear over Trump’s election and his stated goals of initiating a deportation agenda. Here are some things to keep in mind:
- Breathe: Trump won’t be president until January 20, 2017 and nothing can change before then.
- No instant changes: Even after inauguration, big changes to immigration policies will take time. For example, increasing deportations would require hiring and training more agents which isn’t an overnight process.
- Uncertainty remains: We know immigration policies will change but we don’t know how. Campaign promises often don’t translate to actual policies.
Key Points to Remember
If You’re a U.S. Citizen
- You’re good. Nothing about Trump’s election changes your rights or citizenship.
If You Have a Green Card (Permanent Resident)
You’re probably good. Green card holders can only be deported under specific circumstances such as certain criminal convictions or fraudulent claims of U.S. citizenship. Even in those cases a judge has to review and rule on the matter.
If You Have a Pending Application
- Nothing has changed. The programs to apply for visas, green cards, etc. are still in place. The President can’t change immigration laws without Congress and that’s a long process.
Knowing your immigration status is crucial for making informed decisions about your future. Your immigration status can determine your eligibility for certain forms of immigration relief, such as visas, work permits, or even a green card. It can also affect your ability to work, access education and healthcare, and travel.
There are various types of immigration status, including lawful permanent resident (green card holder), refugee, asylum seeker, and undocumented immigrant. Each status comes with its own set of rights and responsibilities.
If you are unsure about your immigration status, it is essential to consult with an attorney who specializes in immigration law. An experienced attorney can help you understand your current status and provide guidance on the best course of action. They can also assist you in determining if you are eligible for any forms of immigration relief.
Understanding your immigration status is the first step in protecting yourself and your family. By knowing where you stand, you can make more informed decisions and take proactive steps to secure your future.
Trump Deportation Plan Tips
Trump says his new administration will be the biggest deportation mission in US history.
With immigration policies changing, undocumented individuals and their families are more uncertain. Being proactive now will help keep your family safe and you better prepared for whatever comes next.
If you are interested in finding out what you can to can do to protect yourself and your loved ones, the article below provides quick top tips to follow. The full version of the Immigrant Safety Plan can be found here.
1. Know Your Rights
In interactions with law enforcement or immigration officials, know your rights.
- Right to Remain Silent: You don’t have to answer questions about your immigration status. Carry a “red card” that says you have the right to remain silent.
- Right to an Attorney: You can refuse to sign documents without an attorney.
- Don’t Open the Door: Without a warrant signed by a judge, you don’t have to let law enforcement into your home.
Practice
- Practice with family members to calmly assert your rights so everyone knows what to say or do in stressful situations.
2. Get Legal Help
Legal representation is key to navigating the complex immigration system. Do:
- Consult an Immigration Attorney: Get advice on your options, such as applying for visas, work permits or other forms of relief.
- Screen for Eligibility: Do you qualify for U visa (Victims of Crime), Asylum, Cancellation of Removal, VAWA, Adjustment of Status or another program?
- Criminal History: Consult an attorney about expunging or mitigating criminal records to avoid problems.
- Keep Your Attorney’s Info Handy: Memorize their number and make sure family members know how to reach them.
If you can’t afford an attorney, look into pro bono legal services or non-profit organizations that can help.
Note: If you have some legal status but not a green card or citizenship, look into upgrading:
- Green Card Holders: Check if you’re eligible for U.S. citizenship.
- Visa Holders: Look into options to become permanent resident.
3. Gather Important Documents
Collect and organize documents that will be crucial in the event of an emergency.
Documents to Collect:
- Identification: Passports, city IDs and driver’s licenses.
- Immigration Records: Any receipts, applications or notices from immigration authorities.
- Vital Records: Birth certificates, marriage certificates and other family related documents (translated if necessary).
- Medical Records: Prescription information, treatment and medical conditions.
- Financial Records: Bank statements, pay stubs and tax filings.
Storage Tips:
- Store originals in a safe and secure place like a fireproof safe.
- Share copies with a trusted friend or family member.
- Keep digital backups encrypted.
4. Family Emergency Plan
Having a clear plan can reduce stress in an emergency. Involve all family members in creating and practicing the plan.
Components of a Family Plan:
- Designate Guardians for Children: Choose an adult to take care of your children if you are detained. Undocumented parents face significant concerns about detention or deportation, which can cause anxiety and educational challenges for their U.S.-born children. Creating an emergency preparedness plan is crucial to mitigate these impacts.
- Emergency Contacts: Make a list of people to call in case of an emergency, including attorneys and consulates.
- Childcare Instructions: Give guardians medical info, school info and routines for your children.
- Schools: Make sure schools have updated emergency contact info and know about guardianship arrangements.
Legal Documentation:
- Power of Attorney: Give a trusted person the authority to make decisions for your children.
- U.S.-Born Children: Make sure they have valid passports and register their birth with your consulate.
5. Financial Preparedness
Protect your financial assets and have financial security and stability for your family.
- Joint Accounts: Set up joint accounts or give a trusted family member access to manage household expenses.
- Power of Attorney: Designate someone to make financial decisions for you.
- Save Emergency Funds: Create a savings for rent, food and legal fees. Financial planning is crucial, including budgeting for legal expenses and securing necessary documents to manage unforeseen circumstances effectively.
- Plan for Bond Payments: If detained, bond amounts can vary but start at $1,500 and can go up much higher. Identify someone who can post bond for you.
6. Build Community
Support networks can be a lifeline during tough times.
- Community Organizations: Connect with local immigrant advocacy groups, religious institutions or cultural centers.
- Language Resources: Find interpreters or language classes to improve your language skills.
- Emergency Shelters and Support: Research local shelters and organizations that can help immediately.
7. Register with Your Consulate
Your consulate can help in emergencies like replacing documents, contacting family abroad or legal aid.
- Contact Your Consulate: Inform them of your presence in the U.S. and keep their emergency number handy.
- Consular ID Cards: Get identification from your consulate which may help during interactions with authorities.
- Emergency Assistance: Consulates can provide legal aid, document replacement and contact with family members abroad.
8. Stay Informed of Policy Changes
Immigration rules can change overnight. Stay updated by:
- Following reputable news sources.
- Subscribing to immigrant advocacy group updates.
- Attending community meetings and workshops on immigration policy.
9. Educate and Prepare Your Family
Your family’s awareness and preparation is just as important as yours.
- Teach Rights: Make sure everyone knows their basic rights and emergency procedures.
- Memorize Contacts: Have children and adults memorize key phone numbers including your attorney and consulate.
- Practice Drills: Role play different scenarios like police encounters to reduce fear and confusion.
- Emergency Contact List: Make a list of people to call in case of an emergency.
- Role Assignments: Make sure family members know their roles.
10. Don’t Take Risks
Some actions can put you at risk of detention or the possibility of deportation.
- Don’t Carry False Documents: Only carry legitimate ID.
- Avoid High-Risk Areas: Research areas with frequent ICE enforcement.
- Follow Local Laws: Comply with local laws to minimize interactions with authorities.
11. Stay Calm
Tips for Remaining Calm in a Highly Stressful Situation
It is important for you and your family’s safety that you do the best you can to remain calm and practice self-care.
Staying calm under stress can feel overwhelming, but adopting specific strategies can help you regain control and make rational decisions. Here’s how to manage stress effectively:
- Breathe deeply: Practice slow, deep breaths to signal your body to relax and lower your heart rate.
- Focus on what you can control: Redirect your energy toward manageable actions rather than worrying about the unknown.
- Ground yourself: Use grounding techniques like naming five things you see or feel to stay present in the moment.
- Pause before reacting: Take a few seconds to think through your response instead of acting impulsively.
- Use positive self-talk: Remind yourself that you’re capable of handling the situation and that the moment will pass.
- Seek support: If possible, communicate with someone you trust to share your concerns and gain perspective.
- Stay physically still: Avoid pacing or making abrupt movements, as staying still helps reduce anxiety signals to your brain.
Practicing these techniques regularly can build resilience and prepare you for handling future challenges with greater calmness.
What Documents to Carry
- Valid work permits, green cards or municipal IDs.
- Attorney and consulate numbers.
Documents to Not Carry:
- Anything that shows your country of birth.
- False or fake documents.
Final Checklist
- Emergency Contacts: Memorize key phone numbers.
- A-Number: Keep your Alien Registration Number if you have one.
- Document Copies: Have trusted people have access to backup copies.
- Children’s Plans: Update ID, guardianship and medical arrangements.
- Attorney Contact: Stay in touch with an immigration attorney.
- Community Support: Stay connected to local organizations and networks.
FAQs: Safety and Emergency Plan for Undocumented Immigrant Families
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Take Action
By taking these steps, immigrant families will be better prepared to face any emergency. Prepare now and you and your loved ones will be ready.
The Herman Legal Group has been defending and protecting immigrant families for nearly 30 years. We are ready to help you.
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