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| Richard Herman |
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.
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