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MVP “Immigration Q & A Forum” – July 31, 2020

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

 

The focus of the Q&A this week is “KNOW YOUR RIGHTS” when dealing with the Police,

Immigration Agents or the FBI.

Question #1 – What are my rights when stopped by Authorities as a foreign national in the US?

Answer #1
• You have the right to remain silent • You have the right to refuse to consent to a search of yourself, your car or your home • If you are not under arrest, you have the right to calmly leave • You have the right to a lawyer if you are arrested, ask for one immediately • Regardless of your status in the U.S., you have constitutional rights

Question #2 – What should I do if stopped by the Authorities?

Answer #2
• Stay calm and be polite • DO NOT interfere with or obstruct the police • DO NOT lie or give false documents • Prepare yourself and your family in case you are arrested (i.e., medical attention, child care, etc.)
• Remember the details of the encounter • File a written complaint or call your local ACLU or immigrant friendly community based organization if you feel your rights have been violated

Question #3 – What should I do if I am questioned about my Immigration Status?

Answer #3
• You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials.
• If you are not a U.S. citizen and an immigration agent requests your immigration papers, you MUST show them if you have them with you • DO NOT lie about your immigration or citizenship status and DO NOT provide fake documents

Question#4 – What should I do if the Police or Immigration Agents come to my home?

Answer #4
• You DO NOT have to let them in unless they have certain kinds of warrants
1. Search warrant – allows police to enter but they may only search the areas and the items listed 2. Arrest warrant – allows police to enter if the person listed on the warrant is believed to be inside 3. Warrant of removal/deportation – DOES NOT allow officers to enter the home without consent
• Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it • You have the right to remain silent • If you chose to speak, step outside and close the door

Question #5 – What should I do if I am stopped for Questioning?

Answer #5
• Stay Calm • Ask if you are free to leave…if you are under arrest, you have a right to know why • You have the right to remain silent and cannot be punished for refusing to answer questions…if you wish to remain silent, tell the Officer OUT LOUD • You DO NOT have to consent to a search of yourself or your belongings…if you DO consent, it can affect you later in Court

Question #6 – What should I do if I am arrested?

Answer #6
• DO NOT resist arrest • Say you wish to remain silent and ask for a lawyer immediately • You have a right to make a local phone call • Prepare yourself and your family in case you are arrested • DO NOT answer any questions or sign ANYTHING before talking with a Lawyer

Question #7 – What should I do if I am stopped in my Car?

Answer #7
• Stop the car in a safe place as quickly as possible – turn off the car, turn on the inside light if nighttime, open the window enough to hear the officer and place your hands on the wheel • Upon request, show your driver’s license, registration and proof of insurance • If a Police Officer or Immigrant Agent asks to look inside your car – you can REFUSE to consent to the search • Both drivers and passengers have the right to remain silent

Question #8 – What should I do if I am taken into Immigration (ICE) Custody?

Answer #8
• You have a right to a lawyer – you will not be provided a lawyer, you will have to find a lawyer • You have a right to contact your consulate • Tell the ICE agent you wish to remain silent • DO NOT SIGN ANYTHING • Remember your “A” number and give it to your family – this is how they will be able to locate you • Keep a copy of your immigration documents with someone you trust

Question #9 – What should I do if I am contacted by the FBI?

Answer #9
• You do not have to answer any questions • Tell the Agent you want to speak to a lawyer first • If you agree to speak with the Agent, have a lawyer present

Question #10 – What should I do if I feel my rights have been violated?

Answer #10
• Remember police misconduct cannot be challenged on the street – do not physically resist
• Write down everything you remember – badge and patrol car numbers, agency details, obtain contact information for witnesses, and seek medical attention if injured and photograph injuries • File a written complaint • Call your local ACLU and/or immigrant friendly community based organization

*Source of Information – American Civil Liberties Union (www.aclu.org)

 

MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, August 14, 2020!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

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