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Immigrants

Resources for Undocumented Immigrants

 

Sections:

Also see:

Key points to remember:

1. Advise everyone with immigration issues to consult a lawyer with immigration experience. Immigration lawyer search:

  • The Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA) provides a list of legal service providers for immigrants: http://www.miracoalition.org/en/resources/legal-services.
  • The MA Chapter of the National Lawyers Guild offers an Immigration Lawyer Referral Service at 617-227-7008.
  • The American Immigration Lawyers Association (AILA) provides an Immigration Lawyer Search in both English and Spanish: http://www.ailalawyer.com/.
  • The Massachusetts Bar Association offers a Lawyer Referral Service at 866-627-7577 or http://www.masslawhelp.com/.

2. Note: any undocumented immigrant (including those who entered legally but whose status has lapsed) who reports to the US Citizenship and Immigration Service (USCIS) may be detained. Always talk with an immigration lawyer before going to an Immigration and Customs Enforcement (ICE) office.

3. Know Your Healthcare Rights flyers available in English, Spanish and Portuguese (Healthcare for All) Excerpts:

  • EVERYONE in MA can access some health services regardless of immigration status
  • It is safe to see a doctor in a health clinic or go to the hospital, including if you have a medical emergency
  • Your doctor, health center, and hospital cannot give your personal information, including information about your immigration status, to the government unless you agree to share that information
  • It is safe to apply for MassHealth, the Health Connector or Health Safety Net. Those programs to not share personal information, including your immigration status, with immigration authorities (ICE).
  • Enrolling in health insurance does not make you a “public charge.” Being a public charge can prevent people from getting a better immigration status or being admitted in the US.
    • Public charge note: while the above is true as of this writing, the Trump Administration has floated draft Executive Order that would make health care a public charge concern. If subject to public charge it would be important to monitor this issue going forward.


Anyone can call the Health Care for All Helpline at 800-272-4232 with questions (help is available in English, Spanish and Portuguese).

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“Curing” Undocumented Status

In all cases please advise patients to consult a knowledgeable immigration attorney. There are not many options for “curing” undocumented status, especially if someone entered without inspection.

1. Those Who Entered the Country Without A Visa or Inspection

There are not many options for "curing" undocumented status, especially if someone entered without inspection. Generally adjustment of status is not available for those who entered illegally, unless the petition was filed on their behalf before April 30, 2001 and certain other criteria apply. However, they should always consult an immigration lawyer. Do not direct them to contact the U.S. Citizenship and Immigration Service directly.

2. Those Who Have Over-Stayed Their Visa

Non-immigrants who over-stay their visa and are caught face a bar on getting a visa to re-enter the country.

Length Over-Stayed Visa Re-entry bar
<6 months no bar
6 months - 1 year 3 years
>1 years 10 years

Immigrants under family sponsorship who are immediate relatives (a spouse, unmarried child under age 21, or a parent) can “cure” over-staying a visa; they are just “forgiven” from overstaying because they were inspected at the border.

A. Family sponsorship - Those who are "immediate relatives" of a U.S. Citizen (a spouse, unmarried child under 21, or a parent) can "cure" over-staying a visa.

Step One - Your U.S. Citizen family member (sponsor) must file the Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your "priority date" in your immigrant visa category to become current. This is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. Citizen relative.

Step Two - Once the priority date in your visa category is current, you may file for Adjustment of Status with Form I-485, Application to Register Permanent Residence or Adjust Status.

--This Section adapted from the USCIS website "Green Cards for Family Members"

For more information on Sponsorship

B. Asylum - those who entered the U.S. less than 1 year ago and have faced or would face persecution in their home country may try applying for status as an asylee. In limited circumstances some who have been here for more than a year may be able to make the case that a factor related to their asylum case (such as PTSD or Depression) made it impossible for them to apply in a timely manner. This is a high bar to prove, but we advise consulting with an attorney. More information about asylum status.

C. Humanitarian Relief - This is granted on a very limited basis. It might be an option for an undocumented parent with a seriously ill U.S. Citizen child for example. This status is granted at the discretion of the U.S. Citizenship and Immigration Service. Some forms of humanitarian relief mean you cannot apply for a green card. U.S. Congressional offices are the most helpful resource to request Humanitarian Relief.

    • Many of our staff are familiar with the Humanitarian Parole as one of the few options for the undocumented with a serious illness or injury to try to “cure” their immigration status.
    • If someone entered less than a year ago and has an appropriate case one can try applying for asylee status.
    • Congressional offices are the most helpful resource for this issue. The Consulate is less so.
    • Note: Generally adjustment of status is NOT available for those who entered illegally, unless the petition was filed on their behalf before April 30, 2001 and certain other criteria apply.

    For more information: Your Immigration Questions Answered, MGH Community News, July 2007

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Programs Without Immigration Status Requirements


  Patient Handouts from the CRC

 

Boston Public Health's Food and Nutrition List
-Food resources for all, including those who cannot document their immigration status

See also: Basic Needs: Nutrition

Related:

Tufts will Recruit, Provide Aid to Undocumented Students (includes link to full article that lists other schools with similar policies) - MGH Community News, April 2015

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Deferred Action for Childhood Arrivals (DACA) (Began 8/15/12).

Background/DACA program details:

 

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Deferred Action for Parents (DAPA) - the DAPA roll-out was halted by a court injunction, and never went into effect. Learn more.

 

 

Medical Deferred Action - New Information (9/2/19)

Medical Deferred Action is a form of temporary relief from deportation for immigrants facing special and often life-threatening circumstances such as severe medical conditions.

Effective August 7, 2019, USCIS (Citizenship and Immigration Services) is no longer adjudicating new requests for "deferred action," except from certain military members, veterans, enlistees, and their families. Families with pending cases were sent a letter telling them their cases were closed and that they had to leave the country within 33 days. On September 2, 2019, USCIS announced that it will reopen non-military deferred action cases that were pending on August 7, 2019. USCIS indicated that letters will be sent this week re-opening these cases for adjudication. USCIS further confirmed that individuals with denied requests that were pending on August 7, did not have pending removal orders and have not been made a target for deportation.

USCIS will no longer consider non-military deferred action requests made on or after August 7, 2019, that the agency had not adjudicated by August 6. Instead, Immigration and Customs Enforcement (ICE - which, as the name implies, is charged with enforcement) alone will adjudicate deferred action requests. ICE has confirmed to Senator Ed Markey’s staff that it will not be updating its policies to reflect this change from USCIS. ICE further confirmed that it does not consider deferred action requests until the individual has been through removal proceedings and has an order of removal. In a statement, the American Immigration Lawyers Association said "This means that there no longer appears to be a process to affirmatively request deferred action."

Note Medical Deferred Action is separate from DACA and deferred action for VAWA applicants or those currently on the U visa waiting list which are unaffected by these changes.

-Adapted from, and for more Information see: https://www.aila.org/advo-media/issues/all/featured-issue-usciss-elimination-of-non-military

Enforcement: Detention & Deportation, Worksite Enforcement, Secure Communities

  • See Our Immigration Raids and Arrests:  Know Your Rights page

  • New Policy Limits Immigration Enforcement in "Protected Areas" (as of 10/27/21)
    • Formerly called "Sensitive Locations", "Protected Areas" include schools (including pre-school, college), medical and mental healthcare facilities including vaccination/testing sites, urgent care, places of worship, places where children gather (playgrounds, rec centers, school bus stops, etc.), social service programs, places where funeral, graveside ceremony, wedding or other religious or civil ceremonies occur. NOT a full list.
    • Enforcement actions may occur in or near protected areas in limited circumstances but will generally be avoided.
    • The following are some examples of limited circumstances under which an enforcement action may need to be taken in or near a protected area:
      • The enforcement action involves a national security threat.
      • There is an imminent risk of death, violence, or physical harm to a person.
      • The enforcement action involves the hot pursuit of an individual who poses a public safety threat.
      • The enforcement action involves the hot pursuit of a personally observed border-crosser.
      • There is an imminent risk that evidence material to a criminal case will be destroyed.
      • A safe alternative location does not exist.
    • More information

  • Biden Administration Limits Power of ICE to Arrest Immigrants in Courthouses - MGH Community News, April 2021

  • Trump Administration Announces New Enforcement Priorities - MGH Community News, January 2017
    • Under the Obama administration specific, limited enforcement priorities among people who were otherwise deportable were (in descending order of priority): Immigrants with a criminal conviction or who pose a threat to national security; Recent illegal entrants; and Aliens who had not adhered to a prior removal order, or entered illegally after removal.
    • The Trump administration says the priority will be removing deportable immigrants who "have been convicted of any criminal offense; have been charged with any criminal offense, where such charge has not been resolved; have committed acts that constitute a chargeable criminal offense; have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency; have abused any program related to receipt of public benefits; are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or in the judgment of an immigration officer, otherwise pose a risk to public safety or national security."
      • Based on the wording of the executive order, a criminal could include someone who's charged with -- but not actually convicted -- of a crime.
      • The last provisions apparently include anyone who an immigration official feels endangers "public safety or national security," even if that person doesn't face charges -- giving wide latitude to officers.
      • And the term "criminal offense," isn't defined in the order and could include a wide range of charges, including presumably misdemeanors, no matter how minor. This could also include unlawful entry.

  • Agencies with Deputizing Agreements: Barnstable County Sheriffs Get OK to Enforce Immigration Laws (joining Bristol County and Plymouth County Sheriffs and the state Department of Corrections) - MGH Community News , December 2017

  • ICE Worksite Immigration Enforcement Guidelines -MGH Community News, November 2007

  • Deportation Changes and Consumer Advisory - MGH Community News, September 2011
    • Key points- USCIS is stating they may use discretion to focus resources on most serious deportation charges; may give immigrants with lower priority charges temporary work authorization. Watch for scams! There is no fee and indeed no application for this temporary work authorization.

  • Secure Communities
    • Secure Communities is a controversial program that requires local law enforcement agencies to detain immigrants who are arrested until they can be screened by federal immigration agents. Under President Obama's Executive Action announced on November 20, 2014, Secure Communities will be replaced with a new program, called the Priority Enforcement Program. Immigrants who are arrested will still be fingerprinted, but it is up to the local jurisdictions to notify federal agencies if they think that an immigration violation had occurred.
    • Archive: Secure Communities- Federal Immigration Checks Begin in MA 5/12 -MGH Community News, May 2012

 

 

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