immigration - ADC

Immigration

Immigration

You have the right to an attorney. Even if you are not a United States citizen, this right is protected.

You have a right not to answer any questions without a lawyer present.

Federal law requires you to carry your registration documents with you at all times. Once your immigration status has been shown to an officer, you do not have to answer anything more.

You have a right not to answer any questions relating to your religious or political beliefs, groups that you belong to or contribute to, things that you have done or said in the past, or where you have traveled.

You have a right not to sign any statements or documents. Do not sign any documents or statements giving up your right to a hearing before an immigration judge. Ask to speak with a lawyer.

You have the right to have an attorney visit you if you are in detention and represent you at any immigration hearings.

If you are charged with a crime, you have the right to be informed by both the judge and your lawyer that a criminal conviction may affect your immigration status and may subject you to deportation.

If you are detained, you have the right to make a phone call after you are detained.

If you are detained for immigration-related purpose, you have the right to contact the local consulate of your nationality or citizenship.

If you are detained, you have the right to a bond hearing. 

You may not be eligible for bond if you:
(1) have a previous deportation order.
(2) have certain criminal convictions.
(3) were arrested at the border/airport or
(4) the government suspects you have terrorist ties.

Do not lie to an immigration officer. Do not lie or misrepresent your immigration status. 

Serious penalties can occur.

You have a right to a copy of your immigration file. You can make a request from your immigration judge or submit a “Freedom of Information Act” request to the Deportation Office.

You have a right to an interpreter at your immigration hearing. Make sure you or your attorney ask the judge for an interpreter at your master calendar hearing.

You have a right to appeal an immigration judge decision to the Board of Immigration Appeals (BIS) in a few circumstances. 

(1) Decisions to deny or revoke (cancel) an immigrant petition (I-130) for a relative;
(2) denied applications for naturalization or citizenship; and
(3) orders of removal from the United States. Discuss your options with an immigration attorney.

You have the right to stay in the United States during your appeal of a removal order to the Board of Immigration Appeals (BIA).

You have a right to file a complaint about detention conditions or serious medical/mental health concerns with the detention facility.

 Also file a complaint with Immigration Customs Enforcement (ICE) and the Department of Homeland Security (DHS). Make sure to notify your lawyer, friends and family. Send complaint to the National Immigrant Justice Center and National Lawyers Guild.

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