Legal Smarts Pointer #6 – Don’t Get Caught in an Immigration Trap!


By Nancy Lucianna of Law Offices of Nancy E. Lucianna, P.C. on Tuesday, February 28, 2017.

The new president issued several executive orders that affect immigration. All of these can have severe consequences for millions of immigrants living in the United States.

For those immigrants living in the New York and New Jersey area, there are several things you should know.

1. Do not open the door for police or immigration officials unless they have a warrant.

2. Do not provide any statements to police or immigration officials. You have a right to remain silent!

3. Do not run. You can use your phone to record any raid or take photographs, but do not run.

4. Ask to speak to your attorney and do not sign ANYTHING. Do not sign anything you don’t understand.

5. Reckless Driving and Driving on the Revoked List are considered Misdemeanor Criminal offences in New York. That means that even if you are in the United States with Visa or another lawful status, if you are convicted, it could result in deportation proceedings.

6. Driving While Intoxicated is considered a criminal offense in New York and a traffic offense in New Jersey; however, both carry a risk for deportation.

7. Driving on the Revoked list due to a DUI offense can be considered a felony offense in New Jersey under certain conditions, and could lead to deportation even for those with a visa or lawful status.

Do not give the police any excuse to pull you over. Driving with tinted windows in New Jersey allows the police cause to stop a car, which could then lead to more severe consequences. Likewise, speeding or improper driving could lead to traffic tickets that may cause serious problems for those living in the United States without documentation. DRIVE CAREFULLY!

The Executive Orders also have directed Immigration Courts to speed up any hearings, which could mean that cases previously taking years to decide, may now receive quicker attention.

While many portions of the Executive Orders concerning immigration are under review by various courts, it is essential to know your rights and those of your loved ones, despite their visa status in the United States. As things change, it is important to have an attorney to guide you through the process and not take anything for granted.

Call the Law Offices of Nancy E. Lucianna for a consultation if you have questions regarding your immigration status.