Ohio-based immigration lawyer, Richard Herman has advised U.S green card holders originally from countries affected by President Donald Trump’s ban, which is currently on hold based on a court order, to always brief their attorneys before traveling out of the U.S.
Richard Herman told TheNewAmericans at the New American Collaborative Initiative meeting in Columbus, Ohio that “If they have green cards and they want to travel, they have to make sure they have no criminal convictions and background that is unusual.
“I do recommend they have a lawyer represent them, they have documents signed by a lawyer that they can take to the border in case there is a problem and the lawyer can intervene. But generally speaking, they shouldn’t be afraid,” he said.
On the activities of the Immigration and Customs Enforcement, ICE agents in the arrest of illegal immigrants, Herman advised that “they should carry with them documents that indicate that they have been in the United States for more than two years.
“There is a provision in the law that Trump is signaling he’s going to enforce which is if ICE think a person has been here less than two years undocumented they could be deported without a trial,” he stated.
According to him, “the best thing is to prepare and talk to someone who knows immigration laws to plan your strategy going forward. For instance, what happens, if you apply; can you apply for something in the immigration court; are you eligible for asylum; are you eligible for cancellation or removal or green card program?”
“There are some people, there is nothing they can file for. Make sure that if there is a pro-gram out there that you are eligible for, get a good advice and perhaps they can file. For some people there is nothing they can really file for. They are going to stay low and wait for the law to change,” he said.
On marriage, Richard Herman said that, “If it is in good faith and a real marriage to a U.S citizen or a permanent citizen, a person could file. If the person is here legally but overstayed, and then is married to a U.S citizen the person can apply for a U.S green card.
“If they came illegally without a visa it is more complicated. They may apply for a waiver here and if they get the waiver approved they could travel out of the country and go to the U.S embassy in that country to apply for visa to come back in,” he added.
The countries that would have been affected by the recent order which was to begin Thursday include Syria, Iran, Yemen, Libya, Sudan and Somalia.