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Know Your Rights

Firm recommendations

  • Carry evidence: Keep evidence of your pending case with you. If you are questioned by immigration, you can share this evidence.
  • Remain silent: If you are taken into custody, you can remain silent, except to ask to speak to a lawyer.
  • Avoid legal violations: Legal violations can delay your case or lead to removal proceedings.
  • Be aware of government impersonators: USCIS will only contact you through official government channels.
  • Be aware of scam websites: Make sure websites claiming to be affiliated with USCIS are legitimate.
  • Do not pay fees by phone or email: USCIS will never ask you to pay fees to a person on the phone or by email.
  • Don’t let ICE officers enter your home without a warrant signed by a judge: ICE officers usually ask for permission before entering your home or only have administrative warrants signed by ICE officers. You don’t need to voluntarily give your consent to ICE officers for them to enter your home. You can refuse to give them permission to enter your home, and you should ask ICE officers to see the warrant signed by a judge that allows them to enter your home.

Your rights

  • You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
  • If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.
  • If an immigration agent asks if they can search you, you have the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause.
  • If you are over 18, always carry your papers with you. If you do not have them, tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions.

What to do in such an encounter

  • In some states, you must provide your name to law enforcement if you are stopped and told to identify yourself. But even if you give your name, you do not have to answer other questions.
  • If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, but you do not have to answer questions about your immigration status.
  • Customs officers can ask about your immigration status when entering or leaving the country. If you are a lawful permanent resident (LPR) who has maintained your status, you only must answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the United States for failure to answer other questions. If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers’ questions.

At Dyer Immigration Law Group, immigration is all our attorneys do. We help businesses and individuals attain their immigration goals and help vulnerable immigrant populations seek relief in the form of asylum, relief for victims of domestic violence, trafficking, and other crimes, temporary protected status, NACARA cancellation of removal, and other forms of relief.

Protect Yourself

POWER OF ATTORNEY

What is a power of attorney?

A power of attorney is a written document that authorizes one person to act on behalf of another. The person giving the power of attorney is the ‘principal’ and the person who is authorized to act on behalf of the principal is the ‘attorney-in-fact’ or ‘agent’.

The principal must be able to understand the nature and consequences of the power of attorney at the time he or she signs it in order for the power of attorney to be legally valid. This decision is made at the time you sign it, so it is still valid even if you later become incapacitated (if the power of attorney is "durable").

What is a durable power of attorney?

A durable power of attorney will remain in effect if you later become mentally incapacitated. Virginia law requires language indicating that you intend for the power of attorney to remain in effect upon your disability; otherwise, the power of attorney would automatically terminate.

What is a springing power of attorney?

A power of attorney is normally effective as soon as you sign it unless it contains language stating that it will not go into effect until a specified time in the future (for example, if you are detained or deported). A power of attorney with this language is called a springing power of attorney.

What is a general power of attorney?

The general power of attorney gives the agent broad power to do almost anything for you, the principal. While the power of attorney may give the agent authority to make medical decisions, this authority is generally granted separately in an advanced medical directive or health care power of attorney. An agent cannot make a Will for you.

What is a limited power of attorney?

A limited power of attorney gives the agent authority to do only certain specific things spelled out in the document.

Why should I sign a power of attorney?

A springing general power of attorney could be very useful to you if you are temporarily detained or deported and unable to handle some or all of your business and personal affairs. Your agent could step in and take care of your affairs for you without delay.

When does the power of attorney take effect?

Your General Power of Attorney will take effect on the date you sign it unless it is a springing power of attorney that will take place upon a specific event occurring, such as your detention or deportation. Your power of attorney remains in effect during your lifetime unless you revoke it.

Will I still be able to handle my own business after signing a power of attorney?

Yes. Signing a power of attorney does not mean you will lose the right to take care of your own affairs and make your own decisions.

As long as you are competent, the agent should act only when asked by you. However, the agent may act legally at any time unless the general power of attorney is a springing power of attorney. You should tell the agent to use the power of attorney only if you become incapacitated or if you instruct him to act.

What are my agent’s obligations to me when using a power of attorney to handle my business?

Under Virginia law, the agent you name must act only in your best interests. Your agent should keep records and papers showing what she has done for you. You have the right to ask the agent for these records.

Who should I appoint as my agent under the power of attorney?

You may appoint any competent adult as your agent. It is most important that you appoint someone you completely trust. It is a good idea to name more than one agent in case your agent is unable to assist you when the time comes. You can name co-agents or a successor agent. You can appoint an agent who lives outside Virginia; however, it may be more convenient if your agent lives near you. Be sure you completely trust your agent, because you are giving that person powers than could be abused.

Can I later change or revoke the power of attorney?

You can revoke or change the power of attorney at any time as long as you are still mentally able to understand what you are doing.

Should I discuss the power of attorney with the person I name as the agent?

Yes. Be sure your agent is willing to use the power of attorney to take care of your business if it becomes necessary. Instruct your agent(s) not to use the power of attorney unless you ask him to use it or if you become unable to handle your own affairs. You need to make sure your agent knows where your power of attorney is kept, so she will have access to it if you become incapacitated. If you keep the power of attorney in your safety deposit box, make sure that your agent will be able to get into the box if necessary. You may want to let your agent keep the power of attorney for you.

If my agent needs to sign something when handling my business using a power of attorney, how should he sign?

Tell your agent that if he uses your power of attorney and must sign a document on your behalf, he should sign as follows:

(Your name) by (Agent's name), agent for (your name).

It will then be clear that he is signing on your behalf only and is not making himself liable for your debts. What can be done if an agent misuses the power of attorney or does not properly handle my business?

If you are still mentally able to understand what you are doing and you believe your agent is not acting in your best interests, you can revoke the power of attorney. You should notify the agent that he is no longer authorized to act on your behalf. You should also notify any bank or other institution with which your agent may have done business for you so that they know the agent is no longer authorized to handle your business.

Under Virginia law, a person interested in your welfare (for example, a family member or a co-agent), can make a written request to your agent asking him or her to disclose any actions taken on your behalf within the past five years and to allow reasonable inspection of records about these actions. If the agent refuses to comply with this request within 60 days, the person interested in your welfare can bring a case in circuit court to get a court order requiring the agent to provide the requested records. You could also file a case in circuit court seeking an accounting from your agent.

Requirements

  • Complete Power of Attorney
  • Legal fee of $350.00 **Legal Fee quote valid for 30 days**
  • NOTE: To be valid, Power of Attorney documents must be signed and notarized.

APPOINTMENT OF A STANDBY GUARDIAN

What is standby guardianship?

Standby guardianship is an important tool that enables parents to plan for the future care of their children. It allows a parent to designate an adult to be on standby to assume guardianship of a child only when a triggering event occurs, for example, incarceration, a terminal illness, or death, that could render the parent incapable of caring for a child, typically without losing the parent’s legal or parental rights. Once the triggering event occurs, the standby guardian takes custody of the child, makes important decisions concerning the child’s education and medical care, and provides for the child’s basic needs, such as food, clothing and shelter.

How is a standby guardian appointed?

There are two ways to appoint a standby guardian – either by signing a legal form nominating the individual as the standby guardian, or through a court process. Where only one parent is naming a standby guardian, the nominating parent may be required to obtain the other parent’s consent or submit proof to the court that he or she attempted to inform the other parent about the process and provide an opportunity to challenge the nomination.

What happens to parental rights after appointing a standby guardian?

Generally, when the standby guardian’s authority is activated, the parent still maintains legal and parental rights over the child. Some states recognize concurrent authority between a parent and standby guardian, allowing both to make decisions together concerning the child. If a parent finds that the standby guardian’s care is unsatisfactory, the parent may terminate the guardianship and name someone else.

Why is standby guardianship important for immigrant families?

Standby guardianship laws enable parents who are at risk for immigration enforcement action to designate someone as the future guardian for their child.

Requirements

  • Complete Standby Guardian Questionnaire
  • Provide any relevant documents (i.e. court custody orders, previous assignation of guardianship, previous power of attorneys, death certificates of biological parents, etc.,)
  • Legal fee of $350.00 **Legal Fee quote valid for 30 days**
  • NOTE: To be valid, Standby Guardianship Form must be signed by legal parents and/or legal guardians, and assigned standby guardian(s), and notarized.