• Obtain a complete copy of all papers filed with Immigration on your behalf in the past. Know what was filed and why.
• If you entered the U.S, illegally and have been stopped at the border, or if you have ever been arrested for any reason, have an FBI Background Check done. Law Offices Jon E. Jessen, LLC can assist you in preparing the necessary documents for the background check.
• Establish a relationship with a licensed immigration attorney. This permits the attorney to become familiar with your case history and review in advance any possible problems with future Immigration applications.

You should consider obtaining a copy of your Immigration file and or court hearings (if applicable). You are entitled to a copy of your Immigration file and or court hearings under the Freedom of Information Act (FOIA). On average you can expect to wait up to or over one year to receive a complete copy of your Immigration file, so it is important to ensure the paperwork is filled out correctly from the beginning, as unanswered questions may lead to further delays.

A FOIA request will be expedited only if you are currently in proceedings, then you can expect to wait several months.

If you have ever been arrested, stopped at the border, falsely claimed to be a US Citizen or been ordered deported it is strongly advisable to perform an FBI fingerprint check to establish your current status in the US. Normally, the results are back within ten weeks.

Law Offices Jon E. Jessen, LLC will coordinate the FBI fingerprint check. Our office retains the service of a fingerprint expert on a case-by-case basis to ensure the fingerprints are correctly taken. The fingerprint card is filled out in confidence at our Stamford office location and the request is sent directly to the FBI. Our office then receives the results and will be able to determine if there are any potential problems with your immigration status.

• married to a U.S. Citizen
• a child under 18 years of age and your parent married a U.S. Citizen
• the parent of a U.S. Citizen who is at least 21 years of age
• currently working on an H1B or L Visa and have an approved Labor Certification
• illegally entered the U.S. but you are 245i protected (see below for what 245i protected means)
• an abused spouse or child of a U.S. Citizen or Lawful Permanent Resident or undocumented Alien
• the victim of a serious crime and have assisted the police or other law enforcement agency in its investigation

• Illegal Entry: An Immigrant or Alien who crosses the border without inspection by an Immigration Officer has illegally entered the United States. Typically, there is no forgiveness for an illegal entry and this will stop you from obtaining an Immigration benefit unless you are 245i protected.
• Entering the United States with a false passport is also an illegal entry. In this instance, an alien is eligible to apply for an I-601 waiver if either a spouse or parent is a U.S Citizen or Lawful Permanent Resident (“green card” holder). An I-601 wavier requires proving a high standard of hardship and approval is difficult.
• Falsely claiming to be a U.S. Citizen will permanently stop you from obtaining an Immigration benefit (i.e. in this case a green card).
• Accrual of illegal presence (i.e. you outstayed your visa for more than 180 days) and then traveled outside the U.S. This could stop you from gaining an Immigration benefit (unless eligible for an I-601 waiver) and bar you from reentering the U.S. for three years if illegally present for more than 180 days and ten years if illegally present for more than one year.
• A criminal history may create a problem. Certain felony convictions and even misdemeanor convictions can prevent you from obtaining an Immigration benefit. If you are already a Lawful Permanent Resident (“Green Card” holder), Immigration may revoke your Green Card and place you in deportation proceedings.

• An employer must have filed a Permanent Employment Certification with the U.S. Department of Labor on your behalf, or on behalf of your spouse or parent, prior to April 30th 2001. The petition must have been approvable when filed.
• Alternatively, a relative must have filed a family petition with U.S. Immigration on your behalf, or on behalf of your spouse or parent, prior to April 30th 2001. The petition must have been approvable when filed.
• In addition, the principal alien must have been physically present in the U.S. on December 21st 2000.
• If either of the above petitions were filed on your behalf you are the ‘principal Alien or Beneficiary’. If you are the spouse or child of the principal alien you are a ‘Derivative Beneficiary’.
• Spouses and children of the principle alien under 21years are derivative beneficiaries and may be eligible to apply for a green card if otherwise eligible.
• If you are the child of the principal alien and currently over 21 years old, but you were under 21 years of age at the time of filing, you may be 245i protected. You may therefore be immediately eligible to apply for a Permanent Employment Certification or a Green Card.

• Remain calm
• Stay safe - do not run or resist arrest
• Ask to see if the agent has a search warrant
• Otherwise, remain silent and contact an Immigration Attorney as soon as possible.