A Legal Guide for Non-Citizens:

Answering Some Frequently Asked Questions

Jerome N. Frank Legal Services Organization

at Yale Law School
A Legal Guide for Non-Citizens: Answering Some
Frequently Asked Questions
-- Nick Lewin, YLS Class of 2004

This guide was written to answer common questions about immigration law and other
issues of concern to our non-citizen clients. The questions are grouped into five
categories:

Lawful Permanent Residency and Visas 2

o Undocumented Status and Out-Of-Status 2
o Applying for Your Green Card (Lawful Permanent Resident or LPR) 6

Naturalization (Applying for U.S. Citizenship) 10

o Becoming a U.S. Citizen 10
o “Good Moral Character” 11
o Receiving Government Benefits 12
Talking to Police and Immigration Agents: Your Rights and Responsibilities 14
Domestic Violence 16
Lawyers, Legal Representation and Assistance 18

The information in this guide is current as of August 2006, but may have changed.
Please understand that this guide is for general informational and educational purposes
only. It is not legal advice, because legal advice depends upon the specific
circumstances of each situation. The information in this guide cannot replace the
advice of an experienced lawyer. For more information about finding a lawyer, please
contact Yale Law School’s Jerome N. Frank Legal Services Organization through Junta
for Progressive Action at (203) 787-0191 or Connecticut Statewide Legal Services at
(800) 453-3320.

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Lawful Permanent Residency and Visas

1. Undocumented Status and Out-of-Status

I ENTERED THE UNITED STATES ILLEGALLY, BUT NOW I WOULD LIKE TO GET MY “GREEN CARD” AND BECOME A
LAWFUL PERMANENT RESIDENT (LPR). WHAT CAN I DO?

Unfortunately, changes in the law made in 1996 make it almost impossible to become
a permanent resident or citizen if you entered the United States illegally, unless you first
return to your country of citizenship and begin the application process there. Entering
the country “illegally” means that you entered without inspection at a port of entry.
However, if you have been unlawfully present in this country for 180 days, and you
leave the country to pursue legal status, you will not be allowed to return for three
years, and if you have been unlawfully present in this country for one year and leave,
you will not be allowed to return for ten years. Because of these “3 year/10 year” bars,
if you are currently out-of-status, you should not leave the country to pursue legal status
without first consulting with an experienced immigration attorney.

First, it is important to understand that there is a difference between entering the country
illegally and entering the country legally (with a valid U.S. visa) but being “out-of-status”
because your visa has expired. If you entered the country legally, but are currently out-
of-status, you should speak with a lawyer. Depending on how long you have been out-
of-status, you may have some options. The information in this section only applies to
people who entered the country illegally, and are interested in applying for a green
card without first returning to their home country.

If you entered the United States illegally there are a few things you should know:
1. Marrying a U.S. citizen or permanent resident does not guarantee that you will get a
green card.
2. Having an employer who is willing to sponsor you does not guarantee that you get a
green card.
3. The sponsorship of a family member – even a brother, sister, or parent – who is a
permanent resident or citizen, does not guarantee that you get a green card.
4. Under the current law, it generally does not matter how long you have been in the
country, if you entered illegally. There is a very limited exception, called
“Cancellation (b)” for immigrants who have been in the United States for more than
ten years and for whom deportation would create “exceptional and extremely
unusual hardship” to a citizen or LPR spouse. Cancellation (b) is discussed in more
detail below.
5. Unless you fit under one of the exceptions which are discussed below, you need to
return to your country of citizenship and try to re-enter the United States legally.
However, even if you do return to your home country to apply for a green card,

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 there are still rules that might prevent you from becoming a lawful permanent
resident:
• If the U.S. government knows that you were in the United States illegally for more
than 180 days, and you leave and then want to re-enter, you may be barred
from re-entering for 3 years.
• If the U.S. government knows that you were in the United States illegally for 365
days or more, and you leave and then want to re-enter, you may be barred for
re-entering for 10 years.
• It is your burden to show that you were not illegally in the United States. In other
words, if the U.S. government suspects that you were in the United States illegally,
you will have to convince them that they are wrong. This can be very difficult to
do.
• However, applicants who have been in the United States illegally can apply for a
waiver of these bars. The waiver is only available if you can show that, even
though you were here illegally, barring you from reentering the country will cause
extreme hardship to your U.S. citizen spouse or parent, or to your lawful
permanent resident (green card holder) spouse or parent.

*** If you have lived in the United States illegally for more than 365 days, leave the
United States, and then return illegally, YOU CAN BE PERMANENTLY BARRED FROM
IMMIGRATING. If you leave the United States following an order of deportation and
return illegally you can be PERMANTLY BARRED FROM IMMIGRATING. If you reenter the
United States illegally after previously being deported the U.S Immigration and Customs
Enforcement (ICE, formerly INS) CAN CRIMINALLY PROSECUTE YOU AND/OR DEPORT YOU
FROM THE UNITED STATES WITHOUT GIVING YOU THE OPPORTUNITY TO HAVE A HEARING
BEFORE A JUDGE. ***

ARE THERE ANY EXCEPTIONS TO THE RULE THAT A PERSON WHO ENTERS THE UNITED STATES ILLEGALLY
CANNOT RECEIVE A GREEN CARD OR BECOME A CITIZEN? WHAT ARE THEY?

There are few ways in which people who entered the country illegally can become a
resident without returning to their country of citizenship and applying from there. You
should know that these exceptions are very limited, and most people who enter the
United States illegally do not qualify. However, if you believe you are one of the few
people who do qualify for one of these exceptions, you should talk to an experienced
immigration lawyer because these kinds of applications are very complicated.

The four primary ways in which someone who entered the United States illegally can
become a resident are:

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Applying for Asylum:

• In order to be eligible for asylum, you must prove that you have a “well-
founded fear of persecution” by the government in your home country, or by
a group that the government in your home country is not able to control,
such as a rebel or terrorist organization. But just being scared is not enough.
Your fear must be considered “reasonable” by immigration authorities. If you
think you might be eligible for asylum in the United States, you should speak
with a lawyer who has experience with asylum petitions.
• Generally, you can only apply for asylum within one (1) year of entering the
United States illegally or legally. There are very limited exceptions to the one
year rule, such as where certain conditions change in your former-home
country or if extraordinary personal circumstances, such as serious illness,
prevented you from applying. It is your burden to show that you have been
in the United States less than a year or to show that there were special
circumstances that kept you from applying before the year was up. If
you’ve been in the United States for more than one year, but think you might
be eligible, you should speak to an experienced immigration attorney.

Victims of Domestic Violence or a Serious Crime: If you are the victim of domestic
violence, you might be eligible for either a self-petition or for a U-Visa. Both of
these could allow you to get a green card. Please see below for more details on
domestic violence, self-petitions, and U-Visas.
• If your husband or wife who is abusing you is a U.S. citizen or a lawful
permanent resident you can self-petition for a green card. Please see below
for more details on how to self-petition.
• If your husband or wife is not a U.S. citizen or lawful permanent resident (but is
here illegally or on a temporary visa), or if you are not legally married to the
person who is abusing you, you might be eligible for a U-Visa. If you are the
victim of another serious crime you might also be eligible for a U-Visa. Please
see below for more details on the U-Visa.

Someone filed a family petition (I-130) or an employment petition (I-140) before

May 1, 2001 under which you could immigrate: The law is actually very complex,
therefore you should consult a lawyer if you think you may be eligible.

Immigrant has been in the U.S. continuously for more than 10 years and removal
would cause “exceptional and extremely unusual” hardship for a U.S. citizen/LPR
spouse or children. This is called “Cancellation (b)” and is a very limited

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 exception to the rule that if you entered illegally your cannot become
documented. There are three requirements for Cancellation (b):
o You must have been continuously present in the United States for the
ten (10) years immediately preceding the date of your application.
o You must have “good moral character,” a term which is explained
elsewhere in this guide, and must not have been convicted of certain
crimes.
o You must be able to establish that removal would result in exceptional
and extremely unusual hardship to your U.S. citizen/LPR husband/wife,
parent or child.

There are other very narrow programs for certain people (such as unaccompanied
minors and victims of trafficking) but an extraordinarily small number of people qualify
for these programs. If you think you may qualify, you should speak with an experienced
immigration lawyer.

*** If you entered the country illegally, be very careful of any lawyer or other person
who says that they can help fix your immigration status if you pay them. Unless you fit
into one of the narrow exceptions above, no lawyer can help you get a green card or
become a citizen if you entered the country illegally. These people may be trying to
take your money even though there is nothing they can do to help you!!! ***

MY VISA HAS EXPIRED OR IS OUT OF STATUS. WHAT SHOULD I DO?

If the arrival/departure card (also called an I-94 card) you received when you last
entered the United States, or the I-94 you received when you last received an extension
or change of status, has expired, it is very important that you take appropriate steps.

If the I-94 card has been expired for less than 120 days you can sometimes
get an extension without a penalty.
If the I-94 card has been expired for between 120 and 180 days, you may
have to leave the United States and then re-enter with the appropriate visa
and should have no difficulty. However, you cannot get an extension from
within the United States and you will have to go to the U.S. embassy or
consulate in your home country.
If the I-94 card has been expired for more than 180 days and you leave the
United States and then seek to re-enter, you may be barred from re-entering
for 3 years.

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 In addition, if you are out-of-status for 365 days or more, and you leave and
then seek to re-enter, you may be barred from re-entering for 10 years.

These very strict laws have few exceptions. Therefore, it is extremely important that you
monitor the expiration date on your current I-94 card.

2. Applying for Your Green Card (Lawful Permanent Resident or LPR)

I AM APPLYING FOR MY GREEN CARD AND I’VE HEARD THAT I NEED A SPONSOR. WHAT DOES THAT MEAN?

A sponsor is a person who helps an immigrant become a lawful permanent resident

(green card holder) by signing an “affidavit of support” (Form I-864). An affidavit of
support shows that the immigrant applying for a green card is not likely to become
dependent on government benefits, like welfare, because the sponsor is financially
able to support the applicant. There are income requirements for sponsors who sign
the affidavits.

Sponsors who sign affidavits must show that they earn enough to support a
household that includes the immigrant, family members joining the immigrant,
and the sponsor’s family. In order to prove that the sponsor can afford to
support the person they’re sponsoring, they must show that their household
income is at least 125% of the federal poverty level (currently $27,537 for a
household of five people).
Sponsors who can’t meet these requirements may find a joint sponsor who also
must sign an affidavit of support promising to support the immigrant. The total of
the two sponsors must be at least 125% of the federal poverty level.
If the sponsor’s own income doesn’t meet the required level, he or she can also
count the income and assets of members of their household who are related by
birth, marriage, or adoption. If the immigrant to be sponsored is already living in
the United States, his or her own income can also count towards the total.
Sponsors who cannot meet these requirements can also use their assets to help
meet the income requirements. Assets are things like property, a house, cars,
money in savings accounts, and stocks. The total of the sponsor’s assets must be
at least five (5) times the difference between your household income and the
required income level based on the federal poverty guidelines. Here is an
example:
o If you wish to be a sponsor and the guidelines say that your household
income has to be at least $25,537 to sponsor a family member, and
you only earn $24,537, you would be $1,000 short.
o But the guidelines allow you to make up the difference between your
income (in this example, $24,537) and how much you have to earn to
be a sponsor (in this example, $25,537), with your assets. Your assets

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 have to be worth at least 5 times the difference between your income
and the amount required by the guidelines.
o So, in this example, if you own a car worth $5,000, the value of that car
would be equal to 5 times the difference between your actual income
and the required level ($1,000), so you would meet the requirements
and could sponsor your family member.
Sponsors who sign affidavits (I-864 forms) are not responsible for government
benefits (like welfare) used after the immigrant: (1) becomes a U.S. citizen; (2)
earns credit for about 10 years of work history in the United States, according to
the Social Security Administration, either through his/her own work or the work of
a spouse or parent; (3) leaves the United States permanently; or (4) dies.

I WOULD LIKE TO SUBMIT A PETITION FOR ANOTHER MEMBER OF MY FAMILY TO GET A GREEN CARD. DO I
HAVE TO BE A CITIZEN TO PETITION FOR MY FAMILY?

No. But whether you can bring a family member to the United States depends on two
factors: (1) your own citizenship or residency status, and (2) how that family member is
related to you. Someone who wants to bring a family member to the United States is
called a petitioner, because they are submitting a petition for their relative to become
a permanent resident.

A petitioner can bring family members to the United States only if the
petitioner is already a U.S. citizen or permanent resident (green card holder).

A permanent resident can petition for: (1) unmarried children (of any age), or
(2) a spouse (husband or wife).

A U.S. citizen can petition for: (1) parents, (2) spouse, (3) unmarried children
under 21, and (3) siblings (brothers and sisters). In addition, although it is more
difficult and can take a lot more time, U.S. citizens also can petition for
children who are married or older than 21.

Notice who is not on this list: grandparents, cousins, aunts, uncles, parents-in-
law and other extended family members. Neither citizens nor green card
holders can normally submit petitions for these family members.

You should know, however, that the rules are different if you are applying for asylum,
VAWA petitions or for U-Visas. You can find more information on those procedures
elsewhere in this guide.

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HOW LONG WILL MY FAMILY HAVE TO WAIT AFTER I PETITION FOR THEM TO BECOME PERMANENT RESIDENTS?

Unfortunately, no one can say exactly how long each applicant will wait, but it can be
a very long time. Even for an immediate family member, such as the spouse of a U.S.
citizen, the whole process is likely to take a minimum of one year. For other groups, it
can take many, many years. To give you an idea, the average wait from most
countries is as follows:

• 2 Years: for family members such as spouses of U.S. citizens

• 5 Years: for spouses and unmarried children of permanent residents under 21
• 5 Years: for married children of U.S. citizens
• 11 Years: for brothers and sisters of U.S. citizens

Remember that these are just estimates, and the actual time could be longer or shorter.
Also, the wait will probably be longer if the immigrant is from a country from which there
are many applications, such as Mexico or the Philippines.

IS THERE ANYTHING I CAN DO TO MAKE THE PROCESS OF PETITIONING FOR MY FAMILY GO MORE QUICKLY?

Yes. There are some steps you can take to speed up your family member’s progress
toward a green card, or to make sure that the process goes smoothly.

Apply for U.S. Citizenship: If you are a lawful permanent resident, but not yet a
citizen, you can help your family member by applying for citizenship as soon as you
are eligible. As soon as you become a citizen, you can move your family members
to a speedier immigration category.

Explain to Your Unmarried Children the Effects of Marriage: Married children have
it tough when it comes to immigrating. If you have children who have not yet
married, and they want to immigrate through you, make sure they know that getting
married to a non-U.S. citizen or permanent resident will probably add years to their
wait time. Of course, the decision to marry is a highly personal one, but if their
priority is to immigrate to the United States, they might consider waiting to marry until
after they have received their green card. It won’t matter that they were unmarried
when you started the immigration process for them; they have to be unmarried
when they pick up their immigrant visa or green card, or they won’t qualify for it.

Have Different U.S. Citizen Family Members Sponsor the Same Immigrant: You’ve
heard the phrase “don’t put all your eggs in one basket.” There is no harm in having
more than one family member file visa petitions for the waiting immigrant. For
instance, both parents could file for a child, to insure against the death of one of
them. Or a person whose parent is a U.S. citizen and is married to a permanent
resident could have both their spouse and their parent file a visa petition for them.

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 That way they would be on two waiting lists and can benefit from whichever moves
most quickly.

WHAT HAPPENS IF I MISS MY IMMIGRATION HEARING?

It is very important that you don’t miss your immigration hearing, because it is very, very
difficult to fix. If you do miss the hearing, the judge will probably order you deported,
even though you weren’t there. You will need to speak with a lawyer about making a
motion to open up your case. In order to open up the case you will need to prove a
very good reason for missing the hearing.

Weather delays, traffic problems, and minor health problems are examples of
reasons that will probably not be enough to get the judge to open your case.
A very severe health problem is an example of a reason that might make the
judge open up the case.
A person who is ordered deported at a hearing is barred from re-entering the
United States for at least ten years.

I HAVE HEARD THAT IT IS POSSIBLE TO HAVE MY GREEN CARD TAKEN AWAY AFTER I GET IT. IS THAT TRUE?
WHAT CAN I DO TO MAKE SURE THAT DOESN’T HAPPEN TO ME?

Once you receive a green card, there are only two conditions required to keep it for
life. First, you must not become “removable” or “inadmissible.” The most common way
of doing this is to be convicted of a crime. Second, you can’t abandon the United
States as your permanent residence. As long as you are not planning to make your
home somewhere else, then legally you are still a permanent resident of the United
States.

As a general rule, if you have a green card and leave the United States for more
than one year, you may have a difficult time reentering the country. That is because
the U.S. government believes that an absence of longer than one year indicates
that you may have intended to abandon your U.S. residence. To avoid any trouble,
if you go abroad, you should return to the United States within six months.
Many people think that to keep your green card all you need to do is enter the
United States at least once-a-year. Actually, the truth is that if you ever leave with
the intention of making another country your permanent home, you give up your
U.S. residency when you leave.
On the other hand, remaining outside the United States for more than one year
does not mean you have automatically given up your green card. If your absence
was intended from the start to be only temporary, you may still keep your
permanent resident status. However, you may no longer use your green card as a

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 U.S. entry document. You must either apply at a U.S. consulate for a special
immigrant visa as a returning resident or you must get what is known as a reentry
permit. If you expect to be out of the United States for a long time, you should
research your options which include: (1) reentry permits, (2) returning resident visas,
and (3) the commuter exception.

Naturalization (Applying for U.S. Citizenship)

1. Becoming a U.S. Citizen

HOW DOES SOMEBODY BECOME A NATURALIZED U.S. CITIZEN?

There are four ways a person can become a U.S. citizen:

1. Anyone born in the United States is a U.S. citizen (except the children of
diplomats).
2. Babies born in another country to parents at least one of whom is a U.S.
citizen often acquire their U.S. citizenship at birth. The rules can be
complicated if the parents of the baby are not married, and focus on
whether it is the mother or father who is a U.S. citizen. If you have any
questions, you should speak with an experienced immigration lawyer.
3. People can become U.S. citizens through a process called “Naturalization.”
4. Children who are lawful permanent residents of the United States and whose
parent or parents become U.S. citizens through naturalization sometimes
become U.S. citizens through something called “derivation of citizenship.”

WHAT ARE THE REQUIREMENTS FOR NATURALIZATION AS A U.S. CITIZEN?

To become a naturalized citizen, an applicant must meet nine (9) basic requirements.
The applicant must:

1. Be a lawful permanent resident;

2. Be at least 18 years old;
3. Have good moral character (see the next section for more discussion);
4. Be able to have a fairly simple conversation in English;
5. Be able to pass a test on U.S. history and government;
6. Have made a home in the United States for at least five years, or three years if
married to a U.S. citizen (there are some other exceptions);

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 7. Not have “abandoned” his or her residence in the United States since
receiving lawful permanent status;
8. Have been physically present in the United States for at least half of the five
year period (there are some exceptions); and
9. Swear loyalty to the United States by taking a loyalty oath

If you believe you may be eligible for naturalization, you will need to complete the
Application for Naturalization Form (N-400). To get this and other forms, you can call
the U.S. Citizenship and Immigration Bureau’s Forms Line toll free at (800) 870-3676 or
you can download any of these forms from the internet at www.uscis.gov. However, if
you have a criminal record or have helped anyone enter the United States illegally, you
should speak with an experienced immigration attorney before you apply for
naturalization.

2. Good Moral Character

WHAT DOES IT MEAN THAT AN APPLICANT FOR NATURALIZATION MUST HAVE “GOOD MORAL CHARACTER?”

Usually this means you haven't done the things that the application for naturalization
asks you about, including committing certain crimes, especially drug crimes,
immigration crimes, such as helping another person enter the United States illegally, or
crimes that involve dishonesty, like fraud or stealing. It also includes things like failing to
pay child support, failing to file tax returns if you were supposed to, or committing fraud
to receive, or continue to receive, welfare or other public benefits. Though the
government usually focuses on your conduct within the five years prior to submitting
your application, it can also consider your conduct at any time prior to that period.

If you have committed any type of crime or helped anyone enter the United States
illegally, you need to talk to an experienced immigration lawyer before you file your
application. In some circumstances, it might not be a problem at all; you might be
able to explain it or get a pardon to erase your criminal record. On the other hand, it
could cause big problems. In addition, lying on your application by not admitting that
you have been arrested or committed a crime can cause major problems. You are
supposed to list any crimes or arrests, no matter how long ago they occurred, and
whether or not they have been expunged from your record. If you don’t accurately list
all crimes, and the government finds out, they may consider your application to
contain false information, which may result in a finding that you do not possess “good
moral character,” leading to a denial of your application for naturalization and the start
of removal proceedings against you.

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I HAVE BEEN CHARGED WITH A CRIME, AND MY CRIMINAL LAWYER HAS SUGGESTED THAT I PLEAD GUILTY OR
NOLO CONTENDERE (ALSO CALLED NOLO OR “NO CONTEST”) INSTEAD OF GOING TO TRIAL. WILL PLEADING
GUILTY OR NOLO AFFECT MY IMMIGRATION STATUS?

Yes. If you are arrested and charged with a crime and you plead guilty or nolo
contendere to that crime, that could prevent you from becoming a naturalized U.S.
citizen and could even result in you being deported.
⌧ Pleading guilty to a crime is the same as being found guilty of a crime by a judge
or jury after a trial. Both could prevent you from becoming a U.S. citizen.
⌧ Pleading nolo contendere, which normally means that a defendant does not
admit guilt, can also prevent you from being allowed to become a U.S. citizen.

Be sure to tell your criminal defense lawyer about your immigration status before you
plead guilty or nolo contendere to any crime. If your lawyer isn’t able to answer your
question, you should ask the Judge about the consequences of a guilty or nolo
contendere plea on your immigration status.

DOES THE FACT THAT I WAS ARRESTED BUT WAS NEVER CONVICTED OF A CRIME, HAVE AN EFFECT ON THE
“GOOD MORAL CHARACTER” REQUIREMENT?

Usually, arrests that do not result in a conviction will not prevent you from applying for
naturalization or for your green card. However, there are some crimes where an arrest
alone can prevent you from adjusting your status, even if you are not convicted of that
crime. Those include immigration offenses, such as alien smuggling and criminal acts
relating to national security, violation of a domestic protective order, and drug abuse or
addiction.

On your form, you are required to report all arrests, even juvenile arrests (when you were
a child) and convictions that have been expunged from your record. If you do not,
and the government learns of those arrests, your application will probably be rejected.
The reason they may reject your application is because the government considers
leaving that information out to be the same as lying on your application, and so it
becomes relevant to whether you have “good moral character.”

3. Receiving Government Benefits

WILL USING GOVERNMENT BENEFITS HURT MY CHANCES OF BECOMING A U.S. CITIZEN OR PERMANENT
RESIDENT?

The answer to that question depends on your immigration status and on what type of
government benefits you are using:

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 It will not hurt your chances of getting a green card if you, your children, or other
family members use:
Health Care, such as: Medicaid, Husky, WIC, prenatal care, other free or
low-cost medical care;
Food Programs, such as: Food Stamps, WIC, school meals, and other food
assistance;
Other programs that do not give cash, such as: public housing, disaster
relief, child care services, job training, or transportation vouchers.

V You might have a problem getting your green card later, if:
V You use cash welfare, such as: Temporary Assistance for Needy Families
(TANF), Supplemental Security Income (SSI), General Assistance (GA).
V Your family’s only source of support is cash welfare received by your
children or other family members.
V You are in a nursing home or other long-term care paid for by Medicaid or
other government funds.

If you are a refugee or asylee, you can use any benefits, including cash welfare,
health care, food programs, and non-cash programs, without hurting your
changes of getting a green card.
If you already have a green card (are a permanent resident):

You cannot lose your green card if you, your children, or other family
members use: (a) health care, food programs, and other non-cash
programs; (b) cash welfare; (c) long term care.

V But you might have a problem: (a) if you leave the United States for more
than 6 months continuously and you have used cash welfare or long-term
care, or (2) in extremely rare cases, if you use cash welfare or long-term
care during your first 5 years in the United States, for reasons (such as an
illness or disability) that existed before you entered the country.

If you are applying for U.S. citizenship, you cannot be denied U.S. citizenship for
lawfully receiving benefits, including cash welfare, health care, food programs,
and non-cash programs.

V If you are a lawful permanent resident or U.S. citizen petitioning for a relative,
using benefits including cash welfare, health care, food programs, and non-cash
programs, should not prevent you from sponsoring your relative. However, you
will need to show that you earn enough income to support your relative.
Otherwise you may have to get a co-sponsor.

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 CAN I STILL GET PUBLIC BENEFITS EVEN THOUGH I HAVE A SPONSOR WHO SIGNED THE AFFIDAVIT (I-864)?

Even though you must have a sponsor for your green card application, you are still
eligible to receive some government benefits after you get your green card.

Immigrants who have been in the country for less than five (5) years
generally are not eligible for five public benefits: (1) food stamps; (2)
Temporary Assistance for Needy Families (TANF); (3) Medicaid (non-
emergency); (4) HUSKY Children’s Health Insurance Program; and (5)
Supplemental Security Income (SSI).

Immigrants who have been in the country for less than five (5) years are
eligible for emergency Medicaid and most other federal benefits. You can
also usually get state-funded medical, food, or cash assistance.

Sometimes, sponsors who sign the Affidavit of Support may be required to

repay the government for what the government calls “means-tested”
benefits used by the immigrant, which includes Supplemental Security
Income (SSI), food stamps, TANF, Medicaid (non-emergency), and SCHIP.

I’VE HEARD THAT I CAN BECOME A CITIZEN THROUGH SERVICE IN THE U.S. MILITARY (ARMY, NAVY, AIR
FORCE, MARINE CORPS, COAST GUARD, OR NATIONAL GUARD). IS THAT TRUE?

Yes. Of course, the decision of whether or not to serve in the U.S. military is a highly
personal one, and should be made with care. For those who chose to serve, however,
service can expedite the naturalization process, eliminate fees, and allow for
applications to be processed overseas. In addition, some of the requirements for
naturalization, such as the requirement that an applicant be physically present in the
United States, are waived. For more information, you should speak with an experienced
immigration attorney or a local armed services recruiting office.

Talking to Police and Immigration Agents: Your Rights

and Responsibilities

WHAT SHOULD I DO IF THE POLICE OR ICE AGENTS COME TO QUESTION ME AND I AM NOT A CITIZEN OR I
AM NOT HERE LEGALLY?

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Other than giving your name and address to a police officer or other law enforcement
official, you do not have to talk to the police, FBI, U.S. Immigration and Customs
Enforcement (ICE, formerly INS), or any other law enforcement agent or investigator.

You do not have to reveal your immigration status or answer any questions.
However, remember that lawful permanent residents are required to carry their
“green card” with them at all times, and you may be required to produce it
upon demand by a police or immigration officer.
If the police come to your home, you do not have to let them in, unless they
have a signed warrant. If they do have a warrant:

Always ask to see the warrant. If it has the correct address, you must step
aside and let them into your home. If it is an arrest warrant, look at the
name on the warrant to make certain they have the right person.
If the police do not have a warrant, you are not required to let them in
unless they insist. Perhaps you can settle the matter at the door.
If the police do insist on entering your home over your objections, do not
physically resist them. You should (1) ask to see a police badge, (2) ask
the purpose for entering your home, (3) make sure they understand that
you do not consent to any search of your home, and (4) write down
officers’ badge numbers and the time of day, and (5) try to remember the
officers’ faces.

Foreign nationals who are arrested in the United States have the right to call their
consulate or to have the police contact their consulate about their arrest.
Generally, you should not speak directly to employees of the ICE, even over the
telephone, before speaking to an experienced immigration lawyer.
Every non-citizen, regardless of his or her immigrant status, has the following
rights:
The right to speak to a lawyer before answering or signing anything
(however, non-citizens do not have a right to a government-paid lawyer,
so they may have to pay for their own lawyer, and they probably do not
have a right to have a lawyer present when questioned);
The right to a hearing before an immigration judge;
The right to have a lawyer at the hearing and at any interview with the
ICE (again, however, non-citizens may have to pay for their own lawyer);
The right to ask for release from detention by paying a bond.

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If a police or immigration agent approaches you on the street and asks you “where are
you from” you do not have to answer. Even if the officer says you have to answer
because you don’t speak English or because you look foreign, these are not good
reasons, and you still don’t have to answer. You could answer by telling the officer
what city or town in the United States you are from. This is important because once you
tell an ICE Officer that you are from a foreign country, then it becomes your
responsibility to prove that you are in the United States legally.

WHAT DO I DO IF I AM PULLED OVER BY THE POLICE?

If you are driving a vehicle, the police can pull you over at any time. You must pull over
and follow the directions of the officer. You will probably be asked to give the officer
your driver's license and registration of the vehicle. You are required to hand these
documents over if the officer asks for them.

If you are stopped at night, turn on your dome light (the light on the inside roof of
your car) so you can show the officer that nothing is wrong. You should also
keep your hands on the steering wheel unless the officer asks you to get
something for him or her (like your license or registration). This will usually put the
officer's mind at ease.
If the officer explains that he or she is going to write you a ticket for a traffic
violation, you may politely try to explain your side of the story. However, be
careful how you protest. If you complicate a simple traffic violation by loud
protests, it may end up costing you a fortune in fines for other violations or may
give the officer a reason to search you or your car. If you think that the ticket is
incorrect, you can challenge it later, in traffic court.

Domestic Violence

I AM MARRIED TO A U.S. CITIZEN OR PERMANENT RESIDENT AND HE BEATS ME. I CAN’T LEAVE HIM BECAUSE
HE TELLS ME THAT HE WILL GET ME DEPORTED. WHAT CAN I DO?

When a person beats his or her spouse or children, or subjects them to severe mental
cruelty, that abuse is known as domestic violence. Immigrants married to U.S. citizens or
residents who subject them to domestic violence may petition for their green card on
their own, without the involvement of the abusive U.S. citizen or resident spouse. These
petitions are known as VAWA petitions, named after the Violence Against Women Act,
a law passed by the U.S. Congress, which created these applications. Despite the

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name of the Act, abused husbands, as well as abused wives, are allowed to self-
petition. In addition, petitions cover the children of the abused spouse.

Instead of submitting an I-130 relative petition with the abuser, the abused
immigrant spouse submits another form, called an I-360 self-petition, along with
supporting evidence. If the I-360 is approved, the abused spouse will become
eligible to file an application for adjustment of status to get his or her green card.
Self-petitioners married to lawful permanent residents will have to wait until there
is a visa number for them (just like in family preference cases). Self-petitioners
married to U.S. citizens will be immediately eligible to file an application for
adjustment of status to permanent resident. However, in the meantime they are
given permission to remain in the United States and given a work authorization.
Domestic violence is a serious crime. In fact, a permanent resident or an
applicant for permanent residency who beats his or her spouse or children can
be deported. Also, a person who beats his or her spouse or children is not
considered to have “good moral character,” that is a requirement for
naturalization.

A lawyer can help you understand your immigration options, and can put you in
contact with other organizations that can help you protect yourself.

If you need help, you can contact the National Domestic Violence Hotline at 1-800-
799-7233. They can provide you with information about shelters, mental health care,
legal advice and other types of assistance, including information about self-petitioning
for immigration status.

What are the requirements for a wife or husband who is the victim of domestic violence
to self-petition for a green card?

The husband or wife must be legally married to the U.S. citizen or permanent resident
abuser. A self-petition may also be filed if the marriage ended in a divorce within
the 2 years prior to filing, if the divorce was related to the abuse.
The petitioner must have been abused by the spouse inside the United States, unless
the abusive spouse is an employee of the U.S. government or a member of the U.S.
military.
The petitioner must have been abused during the marriage, or must be the parent
of a child who was abused by the U.S. citizen or permanent resident spouse during
the marriage.
The petitioner must be a person of “good moral character” (see the discussion
above for details about “good moral character”).

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 The petitioner must have entered into the marriage in good faith, and not solely for
the purpose of obtaining immigration benefits.

What if I am being abused by someone who is not a citizen or resident or by someone

who is not my spouse? Is there anything I can do?

Yes. The U-Visa is a type of visa for people who do not qualify for the self-petitioning
described above. Usually this is because his or her abuser is not a citizen or resident or
because the person being abused is not legally married to his or her abuser. However,
this visa is not limited to domestic violence. Many crime victims who suffer serious
physical or mental harm are eligible for a U-Visa. In order to be eligible for the visa, you
must have suffered serious physical or mental abuse or harm from the crime.

Also, you must get a certificate from a police officer, other law enforcement officer,
prosecutor, judge, immigration official, or any other person who is investigating or
prosecuting the crime. The certificate must state that you have been helpful, are being
helpful, or are likely to be helpful in the investigation or prosecution of the crime.

What you must try to do to get a U-Visa:

Get certificates from all police, prosecutors, or anyone else investigating or
prosecuting the crime.
Keep police reports, doctor and hospital reports, counselor letters, and other
records of the abuse and criminal activity.
Keep business cards and contact information for investigating officers,
prosecutors, counselors, doctors, etc.
Keep all of your immigration documents.
Do not submit an immigration application on your own without first speaking with a
lawyer or someone at a community agency who is an expert in immigration law.

Lawyers, Legal Representation and Assistance

I SPOKE WITH A LAWYER WHO TOOK MY MONEY, BUT HE HASN’T DONE ANYTHING FOR MY CASE. I KEEP
CALLING HIM, BUT HE NEVER CALLS BACK OR HE TELLS ME THAT I JUST NEED TO WAIT. WHAT SHOULD I DO?

Resolving immigration cases can take a lot of time, so sometimes you may have to
keep waiting. Unfortunately, however, there are lawyers and other people out there

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who offer to help you with your immigration case, but are dishonest, and will take your
money but won’t do anything for you or your case.

You should be especially careful if you illegally entered the United States without proper
documents. It is very difficult to get a green card if you entered illegally, and a lawyer
who tells you otherwise is lying to you. See the first section of this guide for more
information.

Don't be fooled by false promises. Some things you should watch out for are lawyers or
other people who say that if you pay them, they:

[ Can get you a work permit right away;

[ Offer no-risk immigration;
[ Can get U.S. visas for you and your family in a few weeks; or
[ Know people at the CIS and can get your papers processed quickly.

You can protect yourself against this kind of fraud:

[ Never sign any blank application papers.
[ Never sign any immigration form that you do not fully understand. Get someone
you trust to translate it for you.
[ Always demand a written contract for any immigration services.
[ Do not sign a contract that you don't understand.
[ Be careful with anyone who wants you to pay immediately.
[ Always get copies of the papers prepared for you.
[ Never let anyone keep your original documents such as birth certificates, marriage
certificates.
[ Get a receipt for any money you pay. Make sure it has the amount paid, the date
paid, your name, and the name of the person or business that you paid.
[ Never work with someone who will not answer your questions.

I WANT TO APPLY FOR A GREEN CARD OR FOR CITIZENSHIP, BUT I DON’T KNOW IF I NEED TO GET A LAWYER
OR NOT. WHEN IS IT WORTH IT TO HIRE A LAWYER?

Depending on your situation, you may or may not need a lawyer. The following are
some examples of complicated personal situations in which it might be helpful to get
legal advice from a lawyer:

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 If you have a notice to appear in Immigration Court for a hearing.
If you have been convicted of any crime. Not all crimes will prevent you from
immigrating, but if you lie on your immigration forms, you risk having your
application rejected and being deported.
If your prior applications have been denied. A lawyer should be able to
determine what the problem is and how it can be fixed.
If you have tried to fill out the application on your own and simply cannot figure
out what to do next.
If you have been deported or otherwise forced to leave the United States. Not
all removals from the United States will result in permanent bars to immigration.
If you have a communicable disease, such as HIV/AIDS. Not all diseases are a
permanent bar to immigration.
If you have filed your immigration forms and have been waiting an unreasonably
long time for a response.
If you divorced your first U.S. spouse while still a conditional lawful permanent
resident and you are now seeking to adjust status based on a marriage to
another U.S. citizen.
If your marriage to a U.S. citizen ended before you were able to file your petition
to have the condition removed on your residency and you will have to file alone.
If you are immigrating with your family and you have a child who could reach
age twenty-one (21) before your permanent residence status is granted.
If you are obtaining a visa or green card based on an employment offer, but
your prospective employer has not offered to handle the immigration process.

Remember, these are just some examples of personal situations which can make your
immigration application more complicated.

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