Month: February 2017

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Global Pinoy

Green Card holders’ legitimate worries about traveling outside US

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Despite clarifications by government agencies that Green Card holders are good to travel, many Filipino immigrants currently in the United States or those visiting the Philippines are still confused by the conflicting information they are getting, unsure of what to expect upon their return to US ports of entry. The two Filipino cases below are illustrative of the concerns of many Green Card holders.

The first is from 73-year-old “Jose” who plans to visit his relatives in the Philippines:

“I am a green card holder and my card will expire on February 21, 2017. I already filed for naturalization on May 5, 2016 and had my biometrics taken in June 2016. My problem is that I do not have an interview notice yet and I will not have a valid proof of status after February 21, 2017. I want to go the Philippines for a vacation to visit my family, but I am afraid that immigration officials will take me into custody after my return. What should I do?”

Another email was received from “Rose,” asking if Green Card holders would encounter problems returning to the United States, she writes:

“My father-in-law is a Green Card holder and he left for Manila six months ago and he is returning home to US next month. Will he encounter any problem when he re-enters the US? Please advice.”

In the first case of Jose, it will be best for him to obtain his naturalization certificate and get a US passport. Unlike during pre-election time when processing of naturalization was only taking around 3-5 months, the processing for naturalization is now taking an average of 8-9 months (or longer). Since Jose filed his naturalization application in May 2016, he should be expecting his interview notice soon. The fear of traveling and being taken into custody is brought about by recent misinformation. If he wishes to travel without waiting to be naturalized, he should first file for an extension of his Green Card and obtain a new one with a new validity date. It will indeed be difficult these days to travel without proper documents indicating legal status.

In the second case, Rose’s father-in-law, he should be returning to the United States without fear of encountering immigration problems since the Philippines was NEVER a designated country in the Trump Executive Order.

Possessing a Green Card during one’s travel to the United States is generally proof of legal status. But since permanent residents are still non-U.S. citizens, they are still vulnerable to restrictive immigration policies. A number of relevant provisions of US immigration laws may still subject a Green Card holder to ground of inadmissibility; or, removability in cases where there is a history of removable offenses; or, if there was prior fraud or misrepresentation in obtaining the resident status.

A familiar scenario for many elderly Green Card holders is the possible abandonment of resident status. This applies to Green Card holders who live abroad for lengthy periods of time and spend only short, periodic visits to the United States. These Green Card holders must file re-entry permits before departing the United States. Otherwise, they risk a finding of abandonment of their Green Card resident status. If a CBP (Customs and Border Protection) officer finds out that there is a lengthy stay abroad, he may require the Green Card holder to accomplish an abandonment of status form before they are allowed in. This form must never be signed without consulting with an attorney.

With the fast issuance of Executive Orders, haphazard implementation of these orders, ever-changing interpretations of these orders, as well as the spread of fake news, it is now more important than ever to know one’s legal rights and get accurate information from reliable sources.

(Atty. Lourdes S. Tancinco is a San Francisco CA based immigration attorney and may be reached at law@tancinco.com, facebook/tancincolaw, or at 1 888 930 0808 or at 1 415 397 0808)

Categories
Updates

Know Your Rights in Case of ICE Arrest

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Executive Order 13768 of January 25, 2017 Enhancing Public Safety in the Interior of the United States signed a few weeks ago has the effect of practically criminalizing all those who are in unlawful status. As a result, most of the 11 million immigrants in unauthorized stay are fearful about their possible apprehension and removal. Whether or not this fear is real, knowing one’s rights in the event of an Immigration Customs and Enforcement (ICE) raid or visit is important.

Below are the “Know Your Rights” information being disseminated by Immigration Legal Resource Center and other non-profit organizations which may be asserted if the inescapable ICE visit or arrest takes place.

You have the right to remain silent.
You can assert your fifth amendment right. You can refuse to speak to an ICE agent. Do not answer any questions, especially about your birth place, immigration status or how you entered the United States. Say that you want to remain silent until you speak with a lawyer.

You have the right to demand a warrant before letting anyone into your home.
The ICE agent may not enter your home without a warrant. You do not have to give permission for him to enter. It is okay not to open your door unless the agent shows you the warrant. If the warrant is presented to you, ask the agent to slip it under the door or through the window. Make sure it is signed by a judge with your correct name, address and date of birth.

You have the right to speak to a lawyer and the right to make a phone call.
It is important to have your attorney’s phone number handy. You will be entitled to make a phone call. If you do not know your attorney’s number, call a trusted friend or relative to coordinate with your attorney.

You have the right to refuse to sign anything before you talk to a lawyer.
There will be some documents that will be presented to you for signing after you are apprehended and taken into custody.. Do not sign anything. If you sign without understanding the nature of the document, it is possible that you are signing a waiver of your rights to a lawyer or to a hearing. And if you waive these rights, it may result in your immediate removal without a hearing.

You have the right to refuse to show any documents before speaking with a lawyer.
When you are visited by an ICE agent, you do not have to give permission to search any of your belongings unless there is a warrant. You can ask to speak with a lawyer before you submit any documentation.

Each case of an unauthorized individual is distinct and all non-U.S. citizens must be vigilant about their rights. During these challenging times, a legal advice from a professional immigration attorney becomes indispensable to figure out what legal options may still be available.

(Atty. Lourdes S. Tancinco is a San Francisco CA based immigration attorney at Tancinco Law Offices and may be reached at law@tancinco.com, facebook/tancincolaw, or at 1 888 930 0808 or at 1 415 397 0808)

Categories
Updates

ADVISORY: Southern Philippines is NOT covered by Trump’s Executive Order 13769

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TLO Advisory #2: Southern Philippines is NOT at this time a designated ‘country’ covered by Trump’s Executive Order 13769 of January 27, 2017 Protecting the Nation From Foreign Terrorist Entry Into the United States.

Here is a statement from our Executive Director Benjamin Johnson of the American Immigration Lawyer’s Association:

“Contrary to rumors apparently circulating, AILA National has no confirmation of additional countries being added to the travel ban. The executive order anticipates that additional countries could be added. Clearly it is impossible to guess where, when, or how the president will use this authority.”

Categories
Updates

ADVISORY: Filipino green card holders not covered by travel ban

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TLO ADVISORY #1: Filipino nationals who are green card holders are NOT covered by the travel ban of Trump’s January 27, 2017 Executive Order. Unless there are issues on your immigration history such as fraud, criminal convictions or proof of abandonment, Filipino green card holders will be allowed to enter the United States.

Secretary John Kelly of the Department of Homeland Security issued this statement on January 29, 2017: “In applying the provisions of the president’s executive order, I hereby deem the entry of lawful permanent residents to be in the national interest. Accordingly, absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.”

If you have doubts about your legal permanent resident status (green card), you may consult with your immigration counsel before traveling.
Categories
Updates

We’re now facing Trump’s harsh immigration policies

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After eight years of being accustomed to the Obama Administration’s compassionate and humanitarian immigration policies, we’re now witnessing a 180-degree. Enforcement of immigration law will soon be heightened not only against aliens with criminal convictions, but to practically all who are violators of immigration law, including those who have overstayed their visas and those who have committed acts that are considered misdemeanors.

The Executive Order signed on January 23, 2017 relate to border security, admission of refugees and immigration enforcement. Building a physical border wall that extends 2,000 miles along the border with Mexico will cost taxpayers billions. While President Trump says that Mexico will pay for the wall, the pronouncements of Mexico’s President show otherwise. How will this be feasible? Also with a provision in the Executive Order barring political asylum seekers, what will America do with those women and children escaping persecution?

More agents

On immigration enforcement, the hiring 10,000 more Immigration and Customs Enforcement (ICE) officers to arrest non-citizens who have violated immigration law, detain and remove undocumented immigrants already ordered removed in the past are also part of the Executive Order.

ICE together with CBP at the border will be turned into a deportation force with the power to remove any non-citizen without due process, who in the “judgment of the immigration officer” (not an immigration judge) is a risk to public safety or national security.

For the Filipino immigrant who has already fallen out of status, there is grave concern about this aggressive immigration enforcement. There is a marked distinction between former President Obama’s Executive Action and that of President Trump.

In former President Obama’s Memorandum on Prosecutorial Discretion, he categorized certain immigrants that should be subjected to removal. There is a list of priorities that were enumerated emphasizing that those with strong family ties in the U.S. are to be accorded deferred action and will be the last on the list of priorities for removal. ICE was instructed to prioritize those with serious criminal offenses, resulting in record high removal of immigrants with criminal offenses at the same time preserving family unity.

Broad range of targets

On the other hand, Trump’s Executive Order lists a broad range of individuals that are subject to enforcement. The list includes those who (1) have been convicted of any criminal offense; (2) have been charged with any criminal offense, where such charge has not been resolved; (3) have committed acts that constitute a chargeable criminal offense; (4) who have engaged in fraud or willful misrepresentation in connection with any official matter or application before a government agency; (5) Have abused any program related to receipt of public benefits; (5) Are subject to a final order of removal, but have not departed. There is no ranking or prioritizing in this list and no reprieve from removal is mentioned to those with strong family ties in the U.S.

The effectivity date of Trump’s Executive Orders is uncertain. It is possible that ICE is already immediately acting on it. A day after President Trump signed the Executive Order, a group of ICE Officers were spotted at a non profit child care center in San Francisco, to apprehend a criminal offender. The children and workers at the center were all taken aback and eventually the ICE officers left without arresting anyone. This is alarming considering that there is an existing 2011 ICE Memorandum instructing ICE officers to stay away from sensitive places like churches and schools.

Whether the presence of ICE officers in our cities will be a common sight in the coming days is horrifying to all of us not only to undocumented immigrants. But this is just the beginning. There are concrete steps we can take. We start by writing our legislators and urge them to oppose Trump’s immigration policies of indiscriminately prosecuting and removing immigrants. Legal challenges in court will be filed to attack the constitutionality of Trump’s Executive Actions. We stand in solidarity with all immigrants and stay firm with our principles and values that made America a strong nation of immigrants.

(Atty. Lourdes S. Tancinco is a San Francisco based immigration lawyer and may be reached at law@tancinco.com, tancinco.weareph.com/old, facebook/tancincolaw, or at 1 888 930 0808 or 415 397 0808)