Immigration FAQs
Immigration law is constantly changing. These FAQs are made under U.S. rules and laws as of 06/26/2026.
Immigration law is complicated. Many different agencies are involved in the process which can make the process hard the follow. Furthermore, the laws and regulations are complicated and intersect with many other areas of law. An immigration attorney can help the process go more smoothly so that you can understand what is happening with your case and feel less anxious.
Many individuals have asked whether they will be detained if they go to their hearings, check-ins, or interviews. Recently, we have seen ICE detain individuals at these immigration processes. Therefore there is a chance that you may get detained if you attend. However, you are required to attend these processes and not doing so will result in dire consequences. It is recommended that you always attend all processes.
Currently, there is a lack of guidance on who ICE is targeting for detention. But you may be more likely to be detained based on your personal circumstances. For example, you are more likely to be targeted for detention if you have a criminal record.
Whether you are getting detained or about to be detained, do not panic, resist, or retaliate. Resisting will likely result in additional charges that will harm you and the detainee’s case. Instead, make sure to carefully document what transpired and when the event happened. It is recommended that you seek help from an attorney who focuses on detention or deportation. The detained individual may be eligible for bond or other legal relief.
Finding the detainee. You may use the ICE Locator to find the detained person. Keep in mind, it is difficult to find and track a person within 24 hours of being detained.
If you receive an NTA, you have been placed in immigration court proceedings. You are required to attend all hearings or may otherwise face legal consequences, including deportation. Moreover, an immigration judge may conduct in absentia proceedings, court hearings in your absence, even if you do not attend which will likely result in a detrimental judgment.
If you do not have an attorney, you should seek a removal/deportation defense attorney to review your case and determine what your options may be.
8 CFR § 1003.26
An “alien” is often how the law refers to individuals who are not U.S. citizens or U.S. nationals. In other words, an alien is another word for a foreigner.
INA § 101(a)(3)
Broadly speaking, any alien is deportable if they violate the law in some manner or because of their current immigration status. This means a person may be deported or removed from the U.S. for a variety of reasons. For example, a person may be deported if they violate laws, commit crimes, pose a safety threat, or the person is in violation of status requirements—whether overstaying their visa, entering without inspection, failing to follow laws and regulations, falsifying documents, or lying at interviews.
INA § 237
A 2025 USCIS memo announced that lawful status does not equal authorized stay which may pose unique challenges for people with expiring visas or status.
Lawful status means the individual has a current, unexpired legal status. Legal status means that the government has granted the individual the legal right to be in the U.S. such as by granting a green card or non-immigrant visa.
On the other hand, authorized stay means that an individual is currently permitted to stay in the U.S. for the designated period. The individual will not accrue unlawful presence during this time. However, the USCIS memo states that individuals with authorized stay do not have lawful status. You may try to extend or change this period of authorized stay, but authorized stay is only a temporary shield. Unless you obtain lawful status, you may face legal consequences after the period of authorized stay ends.
Yes, while you have a valid, pending green card application (lawful permanent residence) you have authorized stay.
Beware that authorized stay does not grant lawful status. If your application is rejected, you will lose your authorized stay and will have to leave the U.S., otherwise you will accrue unlawful presence.
No. Only citizens are eligible to vote in state or federal elections. LPRs are considered non-citizens. Voting as a permanent resident will cause problems to your status and may result in you losing your green card or being deported.