What Should You Do If You’re Out of Status? A Guide for Undocumented Immigrants Under the New Administration

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With changes in immigration enforcement under the current administration, many individuals out of status are feeling anxious about what the future holds. While policy shifts are still developing, the best approach is to prepare rather than panic.

If you’re undocumented or out of status, here’s a step-by-step guide on how to protect yourself, understand your rights, and be ready for any potential enforcement actions.

1. Understand Your Immigration Options

The first step is to consult with an immigration attorney to explore legal pathways that might be available to you. Depending on your situation, you may be eligible for:

  • Asylum: If you fear persecution in your home country.
  • VAWA (Violence Against Women Act): For survivors of abuse by a U.S. citizen or lawful permanent resident.
  • U visa: For victims of crime who assist law enforcement.
  • Marriage-based Adjustment: If you are married to a U.S. citizen or green card holder.

Important: Avoid filing frivolous asylum applications just to get a case on record. This can lead to serious consequences if the claim lacks merit.

2. Know What Happens If You’re Arrested

If you’re arrested by immigration authorities, you still have rights and may be eligible for certain defenses, including:

  • Cancellation of Removal: If you:
    • Have lived in the U.S. for 10 years or more.
    • Can demonstrate good moral character.
    • Show that removal would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
  • Bond Hearing: Many detained individuals are eligible for bond, allowing them to be released while their case is pending.

Tip: If you have any pending criminal case, consult with an immigration attorney before accepting any plea deal, as it could affect your immigration status.

3. Prepare for Emergencies

Being prepared can protect your rights and give you peace of mind if immigration enforcement increases.

Here’s what you should do:

  • Secure Your Documents: Keep copies of your immigration records, passports, and birth certificates in a safe location where a trusted person can access them.
  • Plan for Child Custody: If you have children, discuss guardianship options with an attorney in case you’re detained.
  • Memorize Important Phone Numbers: Do not rely on your cell phone—if you’re detained, you won’t have access to it. Memorize the number of your attorney and a trusted family member.
  • Know Your Rights: If ICE agents knock on your door, remember:
    • You do not need to open the door unless they present a judicial warrant signed by a judge.
    • You can ask ICE to slide the warrant under the door for review.
    • If it’s an administrative warrant (Form I-200 or I-205), they cannot enter without your consent.

Tip: Keep your attorney’s business card handy and provide it to ICE if they approach you.

4. What Happens After an Immigration Arrest?

If you’re detained by ICE, you will not be immediately deported unless you already have a prior removal order.

Here’s what to expect:

  • Due Process: You have the right to a hearing before an immigration judge.
  • Legal Representation: You have the right to hire an attorney, although immigration courts do not provide free lawyers.
  • Bond Hearing: You can request a bond hearing to be released while your case is pending.

Important: If you’re arrested, call your attorney immediately. Do not sign any documents without legal advice.

5. Stay Calm and Stay Informed

While the current environment may feel uncertain, the best approach is to:

Tip: Do not panic. Immigration policies are constantly evolving, and you still have rights even if you are out of status.

How NPZ Law Group Can Help

NPZ Law Group’s experienced immigration attorneys can provide personalized guidance for individuals out of status. We assist with exploring available legal pathways, representing clients during removal proceedings, preparing for bond hearings, and developing emergency plans. Our team also helps with defensive applications such as asylum, VAWA, and U visas, ensuring that you are equipped to navigate the complexities of immigration law. Contact NPZ Law Group today for the support and advocacy you need.

Contact Information

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.