A SIMPLE GUIDE TO PROTECT YOUR RIGHTS AS AN IMMIGRANT

Introduction
Most of the immigrants living in the US are unaware of the immigration process for their immigrant rights. During different discussions, many people come up with questions such as: “Do the immigrants have any right?”, “What rights do the immigrants have?.”
Well, here is a list of some basic rights for immigrants living in the US and some ways to demand those rights if one needs to. 

The rights you can enjoy in the immigration process in the United States

1. Rights in the area of employment.
   You have a right to a minimum wage for those working full time per hour. In the case one is working beyond regular hours an extra pay entitlement is owed.
   
   You have the right to be treated fairly and to be paid decent wages for the work you do. You cannot be made to stay in a job that you do not want to be in. You have the right to possession of your passport and other documents that prove identification. You also can call labor unions and immigrant rights organizations. You are also free to lodge complaints against whatever mistreatment that may happen against you without the fear of retribution. You can have recourse to US courts.

   Your workplace must be a place, not injurious to health, and neither threatening life and limb. Your employer must dispose of dangerous materials. 

2. Freedom from wrongful searches and seizures.
   Generally speaking, the police enter your house while having a warrant issued by the judge. In cases of urgency, entry of police will be able to occur with force. Entry cannot be given or allowed into houses in cases when police arrive without warrants. Workplace searches either require proper warrants to the police officers or permission from the employers.
3. You can’t be arrested illegally.|
   You have the right not to be arrested in violation of law. The US immigration officer may arrest you without warrant only if they have probable cause to believe that you are in the United States illegally and might flee before a warrant may be obtained.
4. You can choose not to say anything.If you are stopped or questioned without documents or immigration status, it is in your right to remain silent concerning such status. Be it within the comfort of home or within any other public arena.
5. You can get an immigration lawyer.
   An immigration lawyer will advise you and speak for you at critical points of your immigration journey.
6. You do not have to sign documents.
   You do not have to sign immigration papers and may request the chance to see an immigration lawyer prior to signing something. 

Main points on immigrant rights in the US

Regardless of your immigration status, all people living in the United States have certain rights under the Constitution and other laws. 

You do not have to allow Immigration officials or police to search you, your car or home. You have an immigrant right to remain silent. If you want to assert this right you must state it out loud. 

Also, you have the right to an immigration lawyer before you answer any question. You may say, “I will remain silent until I speak with an immigration lawyer”. 

You do not have to sign anything you do not understand. You also have the right to get copies of all immigration documents for you. 

Useful info on protecting your immigrant rights

Carry proof of immigration status on your person at all times. If a legal permanent resident, the green card you get needs to be on your person at all times. If a non-immigrant, you must be in possession of copies of I-94, approval notice, valid visa, and/or EAD card. 

Meaning at any moment the police officer begins interrogation, you can claim your rights. The moment you invokes them, then and there, you should instantly be free from liability and then invoke the privilege of silence immediately. 

If your arrest is effected, keep silent and request your immigration lawyers. What is said, unless they are present with the suspect, can generally be used against you. 

Do not give the officer any reason to add to the charge a contempt of court or interference with justice charge. Be as polite as you would, yet invoke your right to silence. 

DO NOT SIGN ANYTHING UNTIL YOU HAVE SEEN YOUR IMMIGRATION LAWYER. You may be giving up some of your rights. Write down and carry with you at all times the phone numbers of family and your immigration lawyers. 

IF YOU ARE ARRESTED OR DETAINED: You have the right to make a call from the consulate representing your country. Keep a copy, and more than one copy, of all of your immigration-related documents current and in a safe place.  

Get help!

Immigrants in the United States need to know that even though they may be here on a temporary bases they still have many of the same basic rights as that of United States citizens. Huge, because it would make the immigrants aware of their rights, but most importantly, is how to use them for self-protection?  

Although most of the foregoing rights may well be enforceable, always in view of your set of circumstances, it may be wise for you to consult with an immigration lawyer if one of the so-termed rights is not being taken into consideration where you feel you may be facing a situation which deprives you of the same. 

Connect with us today at Gehi and Associates to learn more about your rights!