IMMIGRATION STATUS

IMMIGRATION STATUS

You should ask every client where they were born and if they are a U.S. citizen. If they are not a citizen, or there is any uncertainty, you should consult the Immigration Project or other immigration expert.

For the Immigration Project to accurately determine the immigration consequences of a criminal offense, we must know the person’s immigration status. There are different rules and sets of “removal grounds” that apply depending on a person’s status.

Sometimes the person may not know or may be confused about their status. For example, some people might say “I have [an] asylum” (“tengo un asilo,” in Spanish), when what they mean is that they have a pending application. Thus, it is important to ask for clarification. Sometimes the person will say they have a work permit (“permiso”). A work permit is not a visa or a status. Rather, permission to work is granted pursuant to status, or when a person has a pending application for status. Whenever possible you should get a copy of any immigration identification or paperwork your client has. If you cannot get a copy, ask for the “category” code and “A-number” on the work permit or LPR card. The category code tells us the basis on which it was issued, and the A-number can help us determine if the person is, or has been, in removal proceedings and what the result was.