Month: June 2019

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Deportation of “Millions” of Undocumented Immigrants?: Know Your Rights in Case of ICE Arrest

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President Trump’s tweet on June 17, 2019 that millions of immigrants are going to be deported beginning next week is once again a threat to hundred thousands of Filipino immigrants who are without legal status. While interior enforcement of immigration law has been Trump’s administration priority, mass deportation was not really fully effected perhaps because of lack of ICE resources or some constitutional issues. If indeed ICE is now ready to “remove millions of undocumented immigrants’’, revisiting their rights becomes of utmost importance.

The Immigration Legal Resource Center based in San Francisco CA released the Know Your Rights below 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. Considering the threat of a mass apprehension, it is worth exploring legal options with a trusted professional immigration attorney and from there decide on an appropriate course of action to obviate fear of possible removal.

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

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Updates

Social Media Disclosures on U.S. Visa Applications

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The U.S. Department of State recently announced that the visa application forms were revised to include additional questions relating to applicants’ social media platforms. What will a prospective visa applicant anticipate by this social media monitoring? Will there be more visa denials as a result of this added scrutiny by the consular officer?

Social media screening rules were first published by the Department of State on March 30, 2018 in response to the current administration’s 2017 Presidential Memorandum calling for heightened vetting of new immigrants. The forms that were revised to conform to these changes are DS160 and DS156 for non-immigrant visa applicants and the DS260 for immigrant visa applicants.

An applicant for U.S. visa may notice that when downloading the revised forms, additional information, under “Address and Phone Information” page, are required. There is a list of multiple social media platforms and among those listed are: Facebook, Google+, Instagram, LinkedIn, Pinterest, Twitter, YouTube. The applicant must click the platforms he had in the last 5 years from date of application and provide any identifiers used. If the platform used is not on the list, the applicant will be given the option to provide information about any social media identifiers associated with any other platforms. Exempt from this requirement are social media accounts of multiple users within a business or other organization.

Only identifiers such as usernames/user IDs, handles, screen-names tied to the social media accounts are required. Passwords will not be asked and applicant must not voluntarily reveal the passwords. Also, if the applicant has a social media presence and does not wish to reveal it on the form he cannot delete his account or answer “none”. If this is done, the applicant will most likely deny the application for misrepresentation if the consular officer subsequently discovers prior use of a social media platform. So it is advisable to be revealing all platforms used when accomplishing the form.

Other questions seek five years of previously used telephone numbers, email addresses, and international travel; whether the applicant has been deported or removed from any country; and whether specified family members have been involved in terrorist activities.

Knowing that social media content is easy to misinterpret, what standards in reading content will be used by consular officers to determine a threatening message and in assessing eligibility for the issuance of a visa? What if the visa applicant erroneously sent a happy emoji to a posting of another user condemning a tragic incident? Will this visa applicant become a suspect? Will there be biases on postings expressing differing religious and political views? Social media content is very vulnerable and may be magnified and taken out of context. At this point, it is too late for visa applicants to start sanitizing their postings and social media presence. There should be freedom of expression on any medium and this new disclosure requirement should not serve to curb protected speech of visa applicants. Perhaps, the least that could be done by prospective travelers is to stay vigilant and be more mindful of their postings.

The current visa vetting system before these disclosure requirements is very thorough and as it is, it is known to identify national security threats. It remains to be seen whether these new disclosures will enhance national security.

(Atty. Lourdes Santos Tancinco, Esq. is an immigrant advocate and a principal partner at the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)

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Closing of USCIS Office in Manila Will Not Adversely Affect U.S. Visa Applicants

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Beginning July 5, 2019, the U.S. Citizenship and Immigration Services (USCIS) field office in Manila will be closed. Visa applicants and those who have pending visa petitions were alarmed by this recent development. It is important to note that the processing and issuance of visas will still continue at the U.S. Embassy in Manila through its visa services unit. USCIS and the U.S. Embassy have distinct responsibilities when it comes to immigration.

The USCIS

The USCIS is an agency within the U.S. Department of Homeland Security (DHS) and administers the country’s naturalization and immigration system. USCIS field offices such as the one in Manila handle immigration petitions such as petitions for immediate relatives (I-130), Application for Travel Document (Carrier Documentation), Abandonment of Lawful Permanent Resident Status (I-407), among others. The USCIS announced that individuals who were previously assisted in its Manila field offices before June 3, 2019 must follow new filing instructions that may be found on their website (www.uscis.gov).

The U.S. Embassy

The U.S. Embassy is under the U.S. Department of State (DOS) has varying responsibilities in immigration law which include non-immigrant visas, immigrant visas and anti-fraud activities related to the administration of visa issuances among others. The U.S. Embassy handles applications and the issuance of visas.

Both immigrant and non-immigrant visa processing with the U.S. Embassy will continue despite the closure of the USCIS office. General information about the U.S. Embassy Manila is available on the embassy’s website (https://ph.usembassy.gov).

(Atty. Lourdes Santos Tancinco, Esq. is an immigrant advocate and a principal partner at the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)