US Immigration Officials Have Been Conducting Targeted Arrests
Currently, immigration officials are identifying individuals they believe can be arrested in advance, and then proceeding to their residences, courthouses, detention centers, and even workplaces to locate these individuals. Sometimes, arrests are even carried out on the streets. To help people avoid panic, the Big Apple New Immigrant Center and the New York Eastern Chinese Association invited senior immigration lawyers to host immigration law seminars, where both new and old immigrants actively posed questions of concern. This article compiles lawyer Edward Cuccia’s responses to these popular questions.
Question: What should I do if I, as a green card holder, am questioned upon entry into the United States or encounter trouble during the Biden administration?
Answer: During the Biden administration, green card holders returning to the US after living abroad for two or three years should not encounter any issues. However, now, even if you leave the US for six months, you may run into trouble. It is recommended to advise your green card relatives and friends not to stay outside the US for more than six months. If you are questioned by customs upon return, you can say that you want to see a judge, which is the best way to protect yourself.
Question: If a green card holder has been arrested before and their green card is expired, can they renew it at the immigration office?
Answer: When renewing your green card, you need to provide your fingerprints, which will be cross-checked with the federal law enforcement system. This will flag your case with the immigration office. Therefore, if you have any arrest records, you should never casually apply for a green card renewal. Also, try to avoid flying and applying for citizenship unless you have consulted with a lawyer. Subway fare evaders who have tickets should pay the fines and then seek advice from a lawyer for the next steps.
Question: What is the definition of an illegal immigrant?
Answer: The Trump administration’s definition was that anyone without a green card or legal visa is considered an illegal immigrant. Even having a work permit does not mean your status is legal. If you have illegally entered the US, even if you now have a work permit, your status remains illegal.
Question: Does buying a house and paying taxes in the US help in obtaining legal status or make it less likely to be deported?
Answer: There are two purposes for immigrants to pay taxes. Firstly, the government wants more money. Secondly, if you obtain legal status in the future, those tax records can be transferred to your social security number. However, tax payment is unrelated to your immigration status.
Question: Can having a child in the US help the parents’ status?
Answer: If there are young children born in the US who need support, it can help avoid deportation. Alternatively, if a child born in the US is over 21 years old, they can assist their parents in applying for status.
Question: A friend of a green card holder received a deportation order due to past mistakes and has to report to the immigration office annually. Should they still report as usual now?
Answer: You must comply with the law and report to the immigration office. But before going, it is recommended to sign a power of attorney to a lawyer. In case of any problems, the lawyer has the authority to handle your case.
Question: What should adult children who came to the US as minors and still do not have legal status do?
Answer: Unlike adults, children who came to the US as minors have a special pathway to obtain legal status. Since the political atmosphere has changed, it is advised for those in need to quickly seek a lawyer for application.
Question: Is applying for political asylum now beneficial for staying in the US?
Answer: Many Chinese people have obtained status through political asylum, and this pathway still exists. However, during the Biden administration, the courts are more stringent, making it harder than before. If you apply for asylum, your status will at least enter a legal process, preventing immediate deportation. For those who have been in the US for many years, applying for political asylum requires certain conditions, so it is recommended to consult a professional lawyer.
Note: The above information does not constitute formal legal advice and individual cases should be discussed separately with a lawyer.