AzulaySeiden Law Group Provides Immigration Answers I: The Most Important Things to Know if You're Out-of-Status in the U.S.
CHICAGO--(Business Wire)--
As immigration policy debates continue and comprehensive reform
fails to materialize, many individuals are left wondering how they
will come to or remain in the U.S. to live and/or work. The currently
complex immigration system leaves them with far more questions than
answers.
Ira Azulay, CEO of AzulaySeiden Law Group, one of the largest
immigration law firms in the country, provides answers and insight
into some of the options available to individuals looking to come to
the U.S.
What does it mean to be without status?
Foreign-born individuals who want to live and/or work in the U.S.
face a complicated immigration system that can be hard to navigate. As
a result, at times, these individuals may be in the U.S. without
status. An individual without status (also referred to as an
individual who is out-of-status) is a person who either entered the
U.S. without a Visa or who entered the U.S. with a Visa, but
overstayed their authorized period of admission to the United States.
Many out-of-status individuals live with daily feelings of anxiety
caused by fear of detention or removal.
However, the most important thing to remember is that even if your
situation appears bleak, immigration relief may be available to you.
Just because you are out-of-status does not necessarily mean you will
be deported. There may be many forms of relief that the law provides,
both for individuals who never had a lawful immigration status and for
those whose immigration status has expired, which is why you should
always consult/hire an experienced immigration Attorney to assist you
in navigating the complexity of the U.S. immigration system.
With that in mind, out-of-status individuals have several rights
they should know. While the below questions and answers are by no
means an exhaustive list or explanation of these rights, these are
some important things out-of-status individuals (regardless of the
reason for their being out-of-status) should know:
What should an out-of-status individual do if approached by a law
enforcement officer or immigration official?
If an out-of-status individual is approached by any type of law
enforcement officer, including an immigration official, the individual
has the right to remain silent. It is important to remember that
anything they say or sign can be used against them. An out-of-status
individual has the right to speak to an Attorney and have that
Attorney represent them at no cost to the government. Out-of-status
individuals should consult with a qualified Attorney before they
discuss anything with a law enforcement official or sign any document.
What if an out-of-status individual is the victim of a crime while
living in the U.S.?
With some exceptions, victims of crimes in the U.S. are entitled
to law enforcement protection regardless of their immigration status.
If an out-of-status individual is reporting a crime, there is no need
to disclose their immigration status to a police officer. However, if
the officer learns of the individual's status, the officer generally
does not report the individual to immigration enforcement officials.
When reporting a crime, the individual should ask that the police
officer complete an incident report that includes as much information
as possible, and be sure to get an incident report number to receive a
copy of the report. It is also important to ask for and write down the
name and badge number of the officer completing the report. If an
out-of-status individual is concerned that a law enforcement agency
will report their status to an immigration official, they can contact
an Attorney or public service agency to help report the crime.
What protections do out-of-status individuals have at work?
There are several labor policies that protect out-of-status
individuals from discrimination, harassment, exploitation and unfair
wages at their place of employment. If an individual experiences any
of these while at work, they should contact a qualified Attorney to
discuss their case.
Are out-of-status individuals required to file federal taxes?
Yes. If the individual is employed, the U.S. government requires
that they file federal income tax returns and report their annual
earnings, with limited exceptions. This requirement is applicable to
U.S. citizens, lawfully employed non-U.S. citizens and out-of-status
individuals. If a non-U.S. citizen does not report their earnings as
required, they may face difficulties when trying to adjust their
immigration status. Out-of-status individuals may request an
Individual Taxpayer Identification Number (ITIN) from the Internal
Revenue Service (IRS) and report their earnings with this number. In
addition to satisfying legal requirements, filing a federal income tax
return could also entitle a person to an income tax return. Finally,
it is important to note that the IRS is under no obligation to report
an out-of-status individual to the Department of Homeland Security
(DHS). In fact, filing your Federal Income Tax Reports will look
favorable when an individual applies to adjust status.
What does an out-of-status individual need to know if in removal
proceedings?
It is very important to remember that if out-of-status individuals
find themselves in removal proceedings, it does not necessarily mean
that they will be deported. There are several avenues of relief
available to them, and they should consult/hire an experienced
immigration Attorney to assist them. Here are some additional things
to keep in mind:
First, detained out-of-status individuals are entitled to speak to
government officials or representatives from their country of origin.
Law enforcement agencies cannot deny access to such communications,
and the individual should request to speak with such person if they
have an interest in doing so. Their consulate might be able to assist
in finding an Attorney or contacting their family.
Second, while in removal proceedings, the most simple and basic
advice is to always show up for court hearings. Any hearing scheduled,
whether it is for a status review or the final merits hearing,
requires attendance. If the individual does not appear, the Judge WILL
order them removed, whether an Attorney is present or not. (Unless the
Judge specifically wrote on the last notice of hearing that the
defendant's appearance is waived.)
Lastly, regardless of an individual's native language, they have
the right to an interpreter at all times while in court.
What is the most important advice an out-of-status individual must
remember?
Current U.S. immigration laws can be confusing; however there are
several options available to out-of-status individuals of which they
may not be aware. It is important to contact an experienced
immigration Attorney to determine what these options are and how an
individual may pursue them.
AzulaySeiden's Immigration Answers is produced periodically to
explain the most pressing immigration issues.
AzulaySeiden Law Group (www.azulayseiden.com) is Chicago's largest
immigration law firm and is among the largest immigration firms in the
country. The firm provides U.S. immigration legal services for
businesses and individuals (including visa petitions, green card
services, consular assistance, naturalization proceedings, immigration
representation in all U.S. Courts, and appellate work), immigration
consulting to businesses, as well as immigration related legal
services (e.g. family law, criminal law). Its main office is located
at 205 N. Michigan Ave., 40th Floor, Chicago, IL 60601.
Hellerman Baretz Communications
Maggie Schmerin, 202-274-4768
mschmerin@hellermanbaretz.com
Copyright Business Wire 2008
