Skip navigation
CLN bookstore

First Steps - An LIRS Guide for Refugees, Asylum Seekers, and Migrants Released from Detention, LIRS, 2014

Download original document:
Brief thumbnail
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
First

Steps

An LIRS GUIDE for Refugees, Asylum Seekers,
and Migrants Released from Detention

Edition 2014

DEDICATION
“This guide is dedicated to those who have fled persecution, torture,
and violations of basic human rights and dignity. To the countless
refugees, asylum seekers, survivors of torture and persecution,
and migrants who have exercised courage most humans will never
be able to comprehend: may you find safety, the freedom to
direct your own lives, and a spirit of welcome here in America.”
—Angela Edman, LIRS Staff Attorney

2014 Lutheran Immigration & Refugee Service
Information in this manual may be reprinted with the following note: Reprinted
with permission of the Detained Torture Survivors’ Legal Support Network, a
program of Lutheran Immigration and Refugee Service.
For information or bulk orders, contact:
firststeps@lirs.org
LIRS.org
Printed by LIRS Press
Printed in the U.S.A.
International Standard Book Number: 978-0-9908689-4-1	 	

“To all the survivors out there, I want them to know that we are
stronger and more resilient than we ever knew. We survived, that
should be enough but it isn’t. We must work hard to become whole
again, to fill our soul with love and inspiration, to live the life that
was intended for us before it was disrupted by war and horrors, and
help rebuild a world that is better than the one we had just left.”
—Loung Ung, Cambodian-American Human Rights Activist

Started by Lutheran congregations in 1939, Lutheran Immigration and
Refugee Service (LIRS) is a national organization walking with migrants
and refugees through ministries of service and justice, transforming U.S.
communities by ensuring that newcomers are not only self-sufficient but
also become connected and contributing members of their adopted
communities in the United States.

PREFACE
By Selena Sujoldzic*

H

ome. It takes only four letters to write the word, but for
some, it takes a lifetime to find its meaning. The word
has caused me, as a former refugee, much pain,
confusion, and uncertainty. When I finally found its meaning, I
found peace. Home for me was Bosnia and Herzegovina. The
bloody aggression and genocide inflicted upon Bosnia in the
1990s forced me and my family to run to save our lives. America
opened its doors and welcomed us to its shores. With LIRS’s help,
we got back on our feet. My journey, as you will find with any
former refugee, has been nothing short of interesting.
When my parents, older brother, and I resettled to America in
1995, I was 13 years old. We not only experienced culture shock,
but we also did not know where to go from there. Lutheran church
volunteers did all they could to help us, but we didn’t know many
of the basic steps we needed to take to begin our new lives. We
didn’t have a guide or a step-by-step explanation of how to build
our future in a new country. My parents, who are chemical engineers
and are well-educated people, felt helpless and unable to guide

PREFACE
their two teenaged children out of this confusing time.
We encountered many roadblocks; some were presented by life
itself, and some by people who did not accept us. Only through
true resilience did we overcome these obstacles and gain the
ability to call America our home. My fellow migrants: you too will
encounter obstacles and people who will not accept you. You will
be judged by the community, as well as by people who come
from the same place as you. This is inescapable. You must
remember one thing: you are in America now, where the only
person who can stand in your way is you. Other roadblocks and
people can stop you only if you let them. That is the beauty of
this country. You have the freedom to shape your own life and
build your own future.
Be proud of where you come from. Respect your culture and
remember your heritage. Then take all of that pride and respect
and use it to move forward in this great country. Do not miss
opportunities by remaining stuck in the past and the “what-ifs.”
When I let go of my past, my present came to light and suddenly,
I had a future.
I wish that my family and I had a guide like First Steps to tell us
how to move forward and take advantage of America’s great
opportunities; what benefits were available to us; where we could
turn for help and find legal, social, medical, and community
resources; and what important laws and procedures we needed
to understand and utilize. I am certain if we had, we would have
started calling this country “home” much sooner, and spent fewer
years living in uncertainty. We spent enough time living in
uncertainty and darkness in our birth countries, and no one should
have to live that way here too.

PREFACE
Finally, just as it is important to be proud of where you come from,
it is also important to feel American. It does not mean you are
forgetting your heritage; it simply means you have a place you
can once again call home. We come from a place where other
people got to write our books of life and dictate our faith. America
is giving you a chance to start over, a chance to write your own
book of life. I am still writing mine; it includes all my mistakes, all
my regrets, all my successes; but it’s MINE. From this day forward,
start writing the chapters of your book of life. I hope First Steps
can be part of your first chapter, and will guide you to a place
where you will no longer feel like a refugee, but a person who
can smile and say, “I am home.”

* Selena Sujoldzic is a former refugee from Bosnia and Herzegovina,
and arrived in the U.S. in 1995. She earned her law degree, and
is now a practicing attorney in Wichita, Kansas. Selena has been
a leader in LIRS’s Refugee Academy, an opportunity for former
refugees to build advocacy, community organizing, and leadership
skills. She hopes to use her experience as a refugee and her law
degree to help others like her.

WELCOME

I

f you have recently been released from immigration detention:
this guide will help you find support and assistance while
you build a new life in the United States (U.S.). If you fled
from your home country to seek protection in the U.S., this guide
will help you find legal and community support during the last
part of your journey to safety. If you are a lawyer, case manager,
or otherwise provide services to newcomers, this guide may help
you find information that will empower your clients to understand
and access their rights.
This guide aims to provide information and resources to help you
make your way from your home country, possibly through immigration
detention, to a situation of safety and security in the U.S. It provides
very important information on your rights, responsibilities, and
eligibility for basic services and benefits such as healthcare, education,
and other necessities. It also provides information on community
and cultural groups to help you feel at home in America. It has many
details, so if you do not understand something, take it to your lawyer
or case manager, and ask them to explain it to you.
Because a lot of these rights depend on why you came to the U.S.

FIRST STEPS
and what type of legal status you have or are seeking, we have
expanded our previous version of First Steps, published in 2005
under its previous title, Pocket Knowledge, to include not only more
in-depth and updated information, but also have added detailed
information according to immigration status. This guide provides
information about rights, responsibilities, services, and benefits in
general, and provides specific information for those who fled to the
U.S. to escape persecution or torture in their home countries,
including: refugees, asylees, asylum seekers, and those seeking
withholding of removal or protection under the Convention Against
Torture. Lutheran Immigration and Refugee Service (LIRS) is releasing
supplements covering other statuses, and this guide may already
contain some of these supplements. More information on statuses,
and how to obtain information for those holding or seeking other
statuses, can be found in Chapter 2.
Please note that this guide provides information about the law;
however, you should always consult with a lawyer if you have legal
questions. Do not rely on this guide instead of seeking the advice
of a lawyer. In Chapter 3, you will find information about how to
find a lawyer. Be sure to ask a lawyer or a resettlement agency for
help with your questions, especially if your case is still pending and
even if you have already won your case.

WELCOME
immigration services; Immigration and Customs Enforcement
(ICE) enforces immigration laws within the U.S., and Customs and
Border Protection (CBP) enforces immigration laws at the border.
The Executive Office of Immigration Review (EOIR) is within the
Department of Justice (DOJ), and is in charge of the immigration
court system. The information in this guide may change. Call the
phone numbers listed to get current information.
If you are a provider of legal, social, medical, or community services,
please utilize this guide to help your clients find more detailed
information and resources. You may wish to distribute the shorter
status-specific supplements to your clients, and use this longer
guide as a reference. Please also share with other service providers.
If you are a church or faith-based organization, please also use this
guide to help migrants you serve understand their rights, and distribute
any relevant status-specific supplements to migrants. Please share the
supplements and the link to this guide with other churches and religious
groups, ethnic community groups, and organizations in your
communities and networks, particularly those which attract asylum
seekers and migrants. Please also assist us in distributing the link and
supplements to homeless shelters, colleges, and other institutions or
organizations in your communities that may attract asylum seekers
and migrants. You may contact us for more copies.

This guide lists many other phone numbers to help you. The final
section provides directories of Resettlement Agencies for refugees,
torture treatment programs, immigration legal services providers,
and other important phone numbers and websites.

First Steps has been brought to you by the Detained Torture
Survivors’ Legal Support Network, a program of LIRS’s Access to
Justice Unit.

It is important to know that the U.S. immigration system is always
changing. The Department of Homeland Security (DHS) is the
federal agency that oversees immigration. Within DHS, U.S.
Citizenship and Immigration Services (USCIS) is in charge of

First Steps is available online at www.lirs.org/firststeps. Please go
to the website to view updates. This guide was accurate as of
August 2014 but note that the accuracy of this information may
change over time.

CONTENTS

FIRST STEPS
If you have any questions, concerns, or comments about First Steps,
please email firststeps@lirs.org.
We hope that you will find First Steps useful and share it with others.

SECTION ONE: Introduction and Important Information     
17

Chapter 1—Important General Tips

SECTION TWO: Legal Rights and Responsibilities    

Good luck!
25
35
43
51
59
63
69
73
77
87
101
105
109

Chapter 2—Statuses: Refugees, Asylees, and Asylum Seekers
Chapter 3—Legal Services and Immigration Court                                                                          
Chapter 4—What are the Immigration Consequences of Criminal Convictions?
Chapter 5—What are Your Rights If You Have Been Arrested?                                                     
Chapter 6—How to Get Your Personal Property After You Are Released
From Detention           
Chapter 7—Case Status and Proof of Status                                                                                    
Chapter 8—What You Must Do When You Change Your Address                                                
Chapter 9—How to Reunite Your Family                                                                                        
Chapter 10—How to Get Your Green Card (Adjustment of Status)
Chapter 11—How to Become a U.S. Citizen                                                                                     
Chapter 12—Traveling Outside of the United States
Chapter 13—Voting, the Selective Service Requirement, and Joining the Military
Chapter 14—Right to Work 
                  

SECTION THREE: Basic Services and Needs 

115
129
137
141
165
181
187

Chapter 15—How to Get a Work Permit: Employment Authorization Document (EAD)
Chapter 16—How to Get a Social Security Number                                                                          
Chapter 17—How to Get a State ID Card                                                                                         
Chapter 18—How to Get Public Benefits and Financial Support                                                      
Chapter 19—How to Access Health Care
Chapter 20–How to Access Housing
Chapter 21—How to Access Education and Childcare

SECTION FOUR: Integration, Interpersonal Connections,
and Community Support
195
207
213
217
219
249
277

Chapter 22—How to Keep Your Money Safe and Make It Grow
Chapter 23—How to Get Emotional Support                                                                                     
Chapter 24—Religious, Cultural, and Community Groups                                                                  
Chapter 25—Directory of Resettlement Agencies (RAs)                                                                  
Chapter 26—Directory of National Consortium of Torture Treatment Programs
Chapter 27—Directory of Immigration Legal Services Providers                                                     
Chapter 28—Other Important Phone Numbers and Websites      

CONTENTS
281
293

Glossary
Acknowledgments
  

SECTION 1
Introduction and
Important Information

Important Deadline:
If you were granted asylum, refugee status, SIV status, or a T-visa
in the last 31 days and are not yet participating in the Matching
Grant Program, or your state’s equivalent, please go directly to
Chapter 18, “How to Get Public Benefits and Financial Support.”
This opportunity to sign up for valuable help expires after 31 days!

CHAPTER 1
Important General Tips

T

here is a Glossary at the back of First Steps which may
help you to understand some of the words in this guide.

Ask for Help
If you have questions about anything, ask someone you trust for
help. This might be a family member, a close friend, your lawyer,
your case manager, or your religious leader.

What to Do in an Emergency
If you have an emergency, dial 911 on any phone.
An emergency includes any situation that poses an immediate
threat to someone’s life, physical health, or personal property.
The operator who answers will ask you for information about the
emergency. Then the operator will contact the fire department,
police, or hospital to help you. You will not need to give your
name or any personal information when you call about an

17

CHAPTER 1

IMPORTANT GENERAL TIPS

emergency. You will only need to give the address where the
emergency is happening.

Poison Control
Many things in your home can be poisonous if they are swallowed.
These can include cleaning products, medicine, paint, alcohol,
cosmetics, and even some plants. Keep these things away from
young children. If someone swallows a poisonous substance, call
the Poison Control Center right away at 1-800-222-1222. You can
get help 24 hours a day, seven days a week. Have the poisonous
substance with you when you call. Tell the operator what it is. If you
do not speak English, tell the operator so an interpreter can help
you. Calls to the Poison Control Center are confidential and free.

Privacy and Identity Safety
Important! Your social security number, identification documents,
financial records and court records are private. Only share these
documents with people you trust, and/or a professional who is
working directly on your case.

How to Make a Phone Call
You can find a list of important phone numbers in Chapter 28,
“Important Phone Numbers and Websites.”
•	

A phone number is 10 digits, for example (123)-456-7890.
The first three digits are the area code. The area code tells
you where in the country the person is calling from. If you
are calling from a landline (not a mobile phone) in some
areas, you may also need to dial a “1” before the 10-digit
number, if you are in a different area code than the number
you are calling. When using mobile phones, just dial the 10
digits, no matter where you are calling in the U.S. Ask

18

someone how the phone system works in your area.
•	

Toll-free phone numbers are free. The person you are calling
pays the charges. 1-800, 1-888, 1-877, 1-866, 1-855 are all
area codes for toll-free calls.

•	

Collect calls are also free, but only if the person you are
calling agrees to pay for the call. To make a collect call, dial
“0” before the area code instead of “1” (for example, 0-123456-7890). The operator will ask you for your name, and
will ask the person you are calling if they are willing to accept
the call (and pay the charge).

•	

To find a phone number, look in a phone book called the
“white pages” for homes or the “yellow pages” for businesses.
The local phone company provides phone books to each
home, business and public library. If you cannot find a phone
book, you can call 411 for help but you may be charged for
the call. You can also go online to www.whitepages.com or
www.yellowpages.com.

Whenever you meet someone new, you can ask them for their
business card. A business card is a piece of paper with a person’s
name and phone number.
Appointments are the way many people and businesses in the U.S.
make plans. Be on time for all appointments. If you think you might
be even five minutes late, call the person you are going to meet. This
will show respect to the person. It will also help them respect you.

How to Send Mail
Post offices are places where you send and receive mail. Ask

19

CHAPTER 1
someone where the nearest post office is. You will use the post
office to send many of the important forms discussed in this guide.
Be sure you always request a return receipt when you send out
your immigration forms. A return receipt will cost a small fee, but
assures that you will receive a postcard in the mail as proof that
the government official received your mail. Keep this postcard with
the copies of your important documents.
At the post office, you can also pay to have a post office (P.O.) box
where you receive mail if you do not have a stable home address.

Public Library
Public libraries are a helpful resource. They have a wide collection of
books, movies, newspapers, and magazines. All materials are free and
available for everyone to use in the library. If you would like to borrow
a resource, or take it home for a few days, you must apply for a free
library card. Generally, to be eligible for a library card you must show
proof that you live in or own property in the state where the library is
located. To apply you must show identification with your name,
signature, and current address. Most libraries will accept a combination
of documents such as; valid driver’s license, valid state identification,
passport, utility bill or lease document dated within the past thirty
days, current employee identification, etc. Ask your local librarian for
more details, as every library is different. Libraries often offer community
classes and literacy programs. Ask for a list of programs and classes
the library offers.
Many libraries offer free computer and internet access. If you do not
have an email account, go to one of the following websites to set one
up: www.yahoo.com, www.gmail.com, or www.hotmail.com. The library
staff can help show you how to use the computer and the internet.

20

IMPORTANT GENERAL TIPS
Parks & Recreation
Local parks provide picnic areas, playgrounds, and sports fields to the
public. Many parks have regulations about what visitors can and cannot
do. Some parks are free, but others charge an admission fee. Parks are
a great place to get exercise and a great way to get out of your home.

Religious Organizations and Community Centers
Visiting religious organizations and community centers are a great
way to meet people in your community, make connections, and
learn about resources available in your neighborhood. Use the
phone book or internet to research local centers, or ask your
neighbors or library staff. See Chapter 24, “Religious, Cultural, and
Community Groups,” for more resources.

Important Government Agencies
Immigration benefits, such as permission to remain and work in
the U.S., are provided by the U.S. Citizenship and Immigration
Services (“USCIS”) and the immigration courts (sometimes called
“EOIR,” which stands for Executive Office of Immigration Review.)
USCIS and EOIR are agencies of the U.S. government. Applying
for immigration benefits can be difficult, and not everyone who
applies for the benefits will get them. Many legal service agencies
and law firms have immigration experts who can help you decide
whether you qualify for benefits. If you qualify, the experts can help
you complete the forms. Work with immigration experts whenever
possible. For more information, read Chapter 3, “Legal Services
and Immigration Court.”
These government websites may be useful:
•	

U.S. Citizenship and Immigration Services (USCIS):
www.uscis.gov

21

CHAPTER 1
•	
•	

Office of Refugee Resettlement (ORR):
www.acf.hhs.gov/programs/orr
Social Security Administration (SSA): www.ssa.gov

Obeying the Law
There can be very serious consequences if you are caught breaking
the law in the U.S. Not only can you go to jail, but many crimes in
the U.S. that may not seem serious can get you deported. Some
acts that are not illegal in other countries may be illegal in the U.S.
Some examples of illegal acts in the U.S. are physically harming a
child or spouse, following someone who does not want to be
followed, or having sexual interactions with a person under the age
of 18 if you are older. If you are not sure, ask! Read more about
how your immigration case and status can be affected by criminal
activity in Chapter 4.
Important! Keep with you at all times the name and phone number
of a lawyer who can help you. If you need to find a lawyer, call one
of the following phone numbers:
•	
•	
•	
•	

AILA (American Immigration Lawyers Association) Immigration
Lawyer Referral Service: www.ailalawyer.com, (202-216-2400)
National Lawyers Guild, National Immigration Project:
www.nationalimmigrationproject.org, (617-227-9727)
Immigration Law Help:
www.immigrationlawhelp.org (search by state)
EOIR Free Legal Service Provider List:
www.justice.gov/eoir/probono/states.htm (search by state)

22

SECTION 2
Legal Rights and
Responsibilities

CHAPTER 2
Immigrants Covered in This Guide:
Those Who Have Received Protection
from Persecution or Torture, and
Those Who Currently Seek It
Statuses: Refugees, Asylees, Asylum Seekers, Withholding
of Removal, Withholding under the Convention Against
Torture (CAT), and Deferral under CAT

T

his guide contains information specific to two general
groups of people fleeing persecution or torture in their
home countries:

	

1. Those who have sought protection from persecution and have
already been granted status as a refugee or asylee, and
2. Those who are currently seeking asylum (“asylum seekers”).
Important Note: This guide also contains specific information for
those who have been granted or who seek “withholding of removal,”
and those who have been granted or who seek protection under
the Convention Against Torture (CAT). This is because withholding

25

CHAPTER 2
of removal is a lesser form of protection that asylum seekers can and
generally should apply for at the same time they seek asylum, to
increase their protection options. Similarly, asylum seekers who have
experienced torture should also apply for protection under CAT
while applying for asylum.
Information about these groups is below, and specific information for
each of these statuses is included in the chapters that cover topics
related to rights or benefits specific to status.
Important Note: This guide contains information that is applicable
to migrants in any status (or without any status at all), so if you do not
fit under one of the above-named categories, you can still use this
guide for information. However, LIRS plans to release status-specific
supplements to this guide for those who are seeking or have the
following statuses:
•	
•	
•	
•	
•	

•	
•	

Asylum seekers
LPRs (lawful permanent residents, or those with green cards),
Victim of Trafficking, or T-visa (Trafficking visa),
U-visa (immigrant victims of crime in the U.S.),
VAWA (protection under the Violence Against Women Act
as a battered spouse or child of a U.S. citizen or legal
permanent resident, or battered parent of a U.S. citizen),
SIJS (Special Immigrant Juvenile Status),
Possible other status-specific supplements as needed in
the future.

The following sections provide information about the statuses
covered in this publication.

26

STATUSES: REFUGEES, ASYLEES,
AND ASYLUM SEEKERS
What is a Refugee?
You are a refugee if you cannot return to your home country because
you have suffered past persecution or have a well-founded fear of
future persecution based on your race, religion, nationality, political
opinion, or membership in a particular social group; and your
government is unwilling or unable to protect you.
The term “refugee” refers to those who have already proven this
fear and had their status as refugees approved in another country,
by the United Nations High Commissioner for Refugees (UNHCR)
or another international or government body, and have already
been resettled as refugees in the U.S.
Refugees can eventually become U.S. citizens, and have many rights
and access to benefits, which are explained in detail in this guide.

What is an Asylee?
An asylee, like a refugee, is someone who cannot return to his
home country because of past persecution or a well-founded fear
of future persecution based on race, religion, nationality, political
opinion, or membership in a particular social group, and his
government is unwilling or unable to protect him.
The term “asylee” refers to those who have had their statuses approved
in the U.S., by either an asylum officer at USCIS or an Immigration
Judge in court. In contrast, refugees have been resettled after having
their statuses approved abroad.

27

CHAPTER 2
Asylees can eventually become U.S. citizens, and have many rights
and access to benefits, which are explained in detail in this guide.

STATUSES: REFUGEES, ASYLEES,
AND ASYLUM SEEKERS

What is an Asylum Seeker?

and that shows how you fit into the refugee definition. You will be
asked to provide evidence or documentation of your identity and
the persecution you have suffered or that you fear.

If you are an asylum seeker you have (1) applied for asylum, (2)
indicated a plan to apply for asylum, or (3) indicated an intent to
apply for withholding of removal (WOR). Asylum is a form of
protection available to people who meet the definition of a refugee,
but are already in the U.S. If you are applying for asylum, you must
prove that you are fearful of returning home, meaning you have
suffered past persecution or are in fear of future persecution in your
home country because of your race, religion, nationality, political
opinion, or membership in a particular social group.

It is highly recommended that you consult an immigration attorney
for help with applying for asylum, because the application process
is very complicated, and your chances of success are much higher
with an immigration attorney. This is especially true if you have
an arrest or criminal record. A list of immigration legal services
providers organized by state appears at the end of this guide. If
you cannot find a lawyer, please see the Florence Immigrant
and Refugee Rights Project’s guide on how to apply for asylum,
at http://www.firrp.org/media/Asylum_WOR_CAT-Guide-2013.pdf.

You can apply “affirmatively,” with USCIS (U.S. Citizenship and
Immigration Services) only if you came into the U.S. legally on
another type of visa, or were paroled at a point of entry, and are
not in removal proceedings in court. You will submit an application
and be interviewed by an Asylum Officer. You must apply
“defensively” with an Immigration Judge in court if you are in
removal proceedings, either because you entered the U.S. without
a valid visa and were likely placed in immigration detention until
passing a credible fear interview (discussed below), you were
arrested for a crime, or your immigration status expired.

Note: Immigration Detention for Asylum Seekers and Credible/
Reasonable Fear Interviews
Unless you entered the U.S. on a valid visa, you were likely arrested
at the border or a port of entry to the U.S., and placed in immigration
detention to wait for a “credible fear interview” (CFI), in which an
asylum officer asks basic questions to determine whether it is possible
you have a real fear of being persecuted if returned to your home
country. If you were previously removed and came back to the U.S.,
were ordered removed but never left, or were convicted of an
aggravated felony, you will undergo a similar process called a
“reasonable fear interview” (RFI), but you must wait longer for that.

To apply for asylum, you must file Form I-589, Application for Asylum
and for Withholding of Removal, located at: www.uscis.gov/i-589.
You will answer questions about your identity, history, family, and
reasons you left your country. You will write a “personal declaration”
that focuses on why you left your country and why you fear returning,

28

Those who pass their interview must then apply for asylum
“defensively” in immigration court. It is important to remember
that asylum seekers who pass their interview have not been granted
asylum; they have been given the chance to apply for asylum, and
are still in removal proceedings.

29

CHAPTER 2
If you do not pass your CFI or RFI, you may appeal to an Immigration
Judge. If the judge disagrees with the asylum officer and decides
there is the possibility of persecution upon return to your home
country, you will be allowed to proceed with your application. If
the judge decides that you do not have a credible or reasonable
fear of persecution, you will be returned to immigration officials
for removal. There is no appeal of the judge’s decision.
If you were arrested while entering the U.S. at a port of entry and
passed your interview, you may request release “on parole,” which
means you are asking the government to release you from detention
while your immigration case goes forward. You must have
identification documents, and must show immigration authorities
that you have a sponsor or tie in the community who will agree to
provide food and shelter if you are released; that you will show up
to all your immigration hearings in court; and that you are not a
danger to the community. Unfortunately, there is no way to appeal
a negative parole decision. However, if you have been detained
for longer than six months, contact an immigration attorney.
If you were arrested somewhere other than a port of entry to the
U.S., have not been convicted of certain crimes, and passed your
credible or reasonable fear interview, you may request release on
bond. You are requesting that an Immigration Judge release you
from detention while your immigration case goes forward, and
allow you (or a sponsor) to pay a “bond,” or a large sum of money
to guarantee you will show up to your immigration hearings if you
are released. If you show up to your hearings and obey the judge’s
order, the bond will be returned when the case is over. You must
convince the judge you are not a danger to the community, and
that you will show up to your immigration court hearings. If your
bond request is rejected, you may appeal.

30

STATUSES: REFUGEES, ASYLEES,
AND ASYLUM SEEKERS
For more information, see the Florence Project’s bond guide, at
www.firrp.org/media/Bond-Guide-2013.pdf. For information on
appealing a negative bond decision, see the Florence Project’s
guide on appeals, Appealing Your Case to the Board of Immigration
Appeals, starting at page 12 for bond appeals, at www.firrp.org/
media/BIA-Appeal-Guide-2013.pdf.
Many asylum seekers wish to be released as soon as possible, as
it is easier to find a lawyer and focus the case without having to
deal with the stresses of detention. However, some prefer to stay
in detention, because cases for detained asylum seekers move
more quickly than for those who have been released.
If you are not sure what to do, or have been waiting for your CFI
for more than 14 days, ask immigration detention officials for the
list of free or low-cost immigration lawyers, and contact one.
Unfortunately, those awaiting RFIs must often wait several months.
For more information on the credible and reasonable fear processes,
see the Florence Project’s Guide to Credible & Reasonable Fear
Proceedings at www.firrp.org/media/CF-RF-Guide-2013.pdf.
What Can Make You Ineligible for Asylum
Important! You must file for asylum within one year of entering the
U.S. If you have been in the U.S. for more than one year, you are
not eligible for asylum! There are only two exceptions to this rule,
and they are very hard to achieve: circumstances in your country
must have changed such that you are now at risk for new or increased
persecution, or there were extraordinary circumstances that kept

31

CHAPTER 2
you from applying within one year (for instance, hiring an attorney
who failed to file your case, or having a life-threatening illness.) If
you missed your deadline, you should see an attorney for help.
You will be ineligible for asylum if you missed the one-year filing
deadline (with the few exceptions mentioned above); have
committed or been convicted of an aggravated felony; have
committed or been convicted of a “particularly serious crime” in
the U.S. and are a danger to the community; have strong ties to
another country and have been firmly resettled there; have ever
persecuted another person based on their race, religion, nationality,
political opinion, or particular social group; have committed a
serious, non-political crime in your country; or are considered a
terrorist or otherwise dangerous to the U.S.
You have limited rights and access to benefits while you are an
asylum seeker. Details are provided in this guide. If your application
is approved, you become an asylee.

What is Withholding of Removal?
Withholding of Removal is a form of relief similar to asylum, but with
fewer rights. To win withholding, you must prove you are “more likely
than not” to suffer persecution in your home country on account of
your race, religion, nationality, political opinion, or membership in a
particular social group. To apply, you must fill out form I-589, Application
for Asylum and Withholding of Removal, located at www.uscis.
gov/i-589. Most people apply for asylum and withholding at the same
time. However, Asylum Officers cannot grant withholding; only
Immigration Judges can, so your status will be decided in immigration
court. It is highly recommended that you seek a lawyer’s help.

32

STATUSES: REFUGEES, ASYLEES,
AND ASYLUM SEEKERS
Withholding is a lesser form of protection than asylum, so you may
be granted withholding of removal if you are ineligible for asylum
because you missed the one-year filing deadline, or had a criminal
conviction that disqualifies you for asylum, like an aggravated felony.
Certain crimes also may make you ineligible to receive withholding,
but the requirements are less strict. For example, if you were convicted
of an aggravated felony and sentenced to less than five years, you
will be ineligible for asylum, but may still be eligible for withholding.
However, if you were sentenced to more than five years for a very
serious crime, you will not be eligible for either.
Withholding of removal allows you to stay in the U.S. instead of being
deported, and provides some rights, like the right to work and receive
some health benefits. However, you can never apply for a green card
or U.S. citizenship and cannot bring your family. Details of your eligibility
for other benefits are in this guide.
In this guide, withholding of removal may also be referred to as
“withholding under the INA,” in contrast to “withholding under CAT,”
which is explained below. (“INA” stands for “Immigration and
Nationality Act,” which is the large body of law that governs immigration
in the U.S.)

What Does Withholding or Deferral Under the
Convention Against Torture (CAT) Mean?
Foreign citizens who have been tortured or who fear torture by
their government in their home country can apply for protection
under CAT. This is a form of protection that prevents the government
from deporting you back to a country where you are likely to be

33

CHAPTER 2
tortured. Unlike asylum and withholding, the torture does not have
to be for reasons related to your race, religion, nationality, political
opinion, or membership in a particular social group.
Like withholding, CAT is a lesser form of protection than asylum.
You may be eligible to apply for a work permit, and will not be
deported as long as you face torture in your home country, but you
can never apply for a green card or U.S. citizenship, cannot bring
your family, and have limited rights, which are detailed in this guide.
Some of these rights depend on which type of protection you
receive. There are two types of protection under CAT:
1. Withholding of removal under CAT: also referred to as
“withholding under CAT,” offers more protection and
more rights, and you will receive this type if you have
not been convicted of a particularly serious crime. You
can only lose your status if DHS reopens your case and
proves you no longer face torture in your home country.
2. Deferral under CAT: this is a more temporary form of
protection against deportation that is granted if you
likely face torture, but are ineligible for asylum,
withholding under the INA, or withholding under CAT
because you were convicted of a particularly serious
crime; are accused of terrorism, persecution, or other
international crimes; or are otherwise a danger to the
U.S. Your status will end when the government can
show you are no longer likely to face torture, and the
government may detain you until that point. You have
very limited rights, which are detailed in this guide.

34

CHAPTER 3
Legal Services and
Immigration Court

I

f you are being released from immigration detention, it is
important for you to know what legal services are available to
you. Legal service providers are people you can go to for advice
about your immigration case. They can tell you what immigration
benefits you are eligible for and can apply for. You may see a lawyer
(also called an attorney), or a representative accredited by the Board
of Immigration Appeals (BIA), which will be explained below. Applying
for immigration benefits can be difficult. Many legal services providers
have immigration experts who can help you understand whether you
qualify for immigration benefits. If you qualify, the experts can help
you complete the forms. These legal experts can also help represent
you if your immigration case is still pending.
What are Immigration Court Proceedings?
If you are in deportation or removal proceedings, the U.S. government
is trying to remove you from the U.S. The government will be
represented by an Immigration and Customs Enforcement (ICE)
attorney, who will argue that you do not have a legal right to remain
in the U.S. It is hard for anyone without a law degree to represent

35

CHAPTER 3

LEGAL SERVICES AND IMMIGRATION COURT

themselves against a trained ICE attorney, especially for people
from other countries.

the ACIJ in charge of your court system or issue at www.justice.
gov/eoir/sibpages/ACIJAssignments.htm.

This is why it is very important that you try to find an immigration
lawyer who can represent you in court. Your lawyer will ask you
questions about your background, history, and why you came to
the U.S. It is very important that you tell your lawyer the truth and
answer all of your lawyer’s questions fully, because your lawyer will
use the information you give to determine what kind of legal relief
you are eligible for. (“Legal relief” here means what kind of status
or visa you might be eligible for, depending on your circumstances;
such as asylum or another protection-related status.) Your lawyer
will then argue that you are eligible to stay in the U.S., based on
the type of legal relief your lawyer determines you are eligible for.

How to Find Legal Services
Be careful. Some people say they are experts, but instead charge
you a lot of money and do not provide help for your case. They
may even harm your case. Make sure the person helping you is
either an immigration lawyer or a BIA accredited representative
(explained below).

What Can I Do If My Rights Were Violated in Immigration Court
Proceedings?
If you have a complaint about how an Immigration Judge treated
you in court, and believe there may have been abuse, mistreatment,
discrimination, or other types of violations, you may write a letter
to the Executive Office for Immigration Review (EOIR), which is the
division of the Department of Justice that operates the immigration
court system. Do not submit a complaint if you simply disagree
with the judge’s opinion.
Include your name, your A-number, your contact information, the
name of the judge, the date and location of the event, and a
description of what happened. You may submit your complaint by
email to EOIR.IJConduct@usdoj.gov, or you may mail the complaint
to the Assistant Chief Immigration Judge for Conduct and
Professionalism or the appropriate supervisory Assistant Chief
Immigration Judge (ACIJ). You can find the contact information for

36

You can go online to www.uscis.gov/avoidscams for tips on how
to avoid seeking help from people who are not experts. You can
also check www.justice.gov/eoir/discipline.htm for a list of lawyers
who have been disciplined by EOIR for bad practice of immigration
law. You can also check with your state’s bar association (which
allows lawyers to practice) to make sure your lawyer is licensed and
has not been disciplined for bad practice.
What to Do If You Have Been the Victim of Immigration Fraud or
Scams, or Poor Lawyering
If you have been the victim of immigration fraud or scams, you
should submit a report to the Federal Trade Commission at www.
ftccomplaintassistant.gov/#crnt&panel1-1. Also see USCIS’s page
on reporting scams, to find out where to report the fraud in your
state, at www.uscis.gov/avoid-scams/report-immigration-scams.
Make copies of these reports, and after you find a new lawyer, take
the records to your new lawyer.
If you saw a lawyer who made a mistake, failed to file something
on time, or failed to correctly advise you on your case, you may be
able to take steps with a new lawyer to save your case. It is always
helpful to keep your own records, including copies of documents

37

CHAPTER 3

For a list of free or low-cost immigration legal service
providers in your state, please visit the following websites:
•	

•	
•	
•	

AILA (American Immigration Lawyers Association)
Immigration Lawyer Referral Service: www.ailalawyer.
com, (202-216-2400)
National Lawyers Guild, National Immigration Project:
www.nationalimmigrationproject.org, (617-227-9727)
Immigration Law Help:
www.immigrationlawhelp.org (search by state)
EOIR Free Legal Services Provider List:
www.justice.gov/eoir/probono/states.htm
(search by state)

you gave to your lawyer, records of visits and phone calls, filings
made (or filings your lawyer promised to make), and receipts for
money you paid your lawyer. If you have any of these, bring them
to your new lawyer. He or she may be able to help you file an
“ineffective assistance of counsel” claim, which shows that you took
all the proper steps to file your case, but that a previous lawyer made
mistakes. If successful, you will be allowed to proceed with your case.
There are different ways to find an expert to help with your
immigration case. Many organizations provide free or low-cost
representation to immigrants who cannot afford a lawyer.
You can also view a list of lawyers, listed by state, in Chapter 27,
“Directory of Immigration Legal Services Providers,” and a list of
general resources, including organizations that can help you find

38

LEGAL SERVICES AND IMMIGRATION COURT
legal services for your specific needs, in Chapter 28, “Important
Phone Numbers and Websites.”
You should visit the USCIS website’s page on finding legal services
at www.uscis.gov/avoid-scams/find-legal-services. It includes
information on finding a lawyer and on finding a BIA accredited
representative. “BIA” stands for “Board of Immigration Appeals,”
which is the highest part of the U.S. immigration court system,
where parties to an immigration case can appeal if they don’t
agree with an Immigration Judge’s decision. The BIA also accredits
certain organizations and people who are not lawyers, but are
experts on immigration, to answer certain immigration questions
and help fill out immigration forms. Most BIA accredited
organizations can help you for a lower fee than a lawyer. You can
find a list of BIA accredited organizations near you by visiting www.
justice.gov/eoir/ra/raroster.htm and clicking “Recognized
Organizations List.” You can also find BIA accredited organizations
by calling your local Resettlement Agency (see Chapter 25,
“Directory of Resettlement Agencies [RAs]”).
If you cannot find an immigration expert, you can use the pro se
materials developed by Florence Immigrant and Refugee Rights
Project. “Pro se” means to represent yourself in court, instead of using
a lawyer. The pro se packets will explain how to apply for immigration
benefits by yourself or represent yourself in court. You can find the
packets on the Florence Project website at www.firrp.org.
You can also find materials that explain if you might qualify for
immigration benefits, such as permission to work in the U.S., and how
you can apply. You can get more information and find immigration
forms in one of the following ways:

39

CHAPTER 3
•	
•	
•	

Call USCIS at 1-800-870-3676 and request the appropriate
forms.
Get the forms from the USCIS website on the Internet at
www.uscis.gov/forms.
Call the USCIS National Customer Service Center at 1-800375-5283 with questions about immigration forms.

LEGAL SERVICES AND IMMIGRATION COURT
issued by Immigration, and the last notice you received about your
case on the phone. Your A-number is an 8-digit or 9-digit number
that starts with A. It is written on all of your immigration papers.
The Service Center provides specific information about the status
of an individual application by phone if you electronically filed, or
filed at a Service Center and have a receipt/tracking number.
Otherwise, use the online system.

Important! Make sure that you get your immigration forms from
USCIS. Many non-USCIS websites offer immigration forms, some
of which may be fake and designed to trick you into giving money.
Even if they are providing legitimate forms, non-USCIS sites may
not have the current versions of the forms. USCIS may deny or
delay your petition if you use outdated forms. You may even lose
the money you paid in fees and have to pay again when you
submit the correct form.
Following Your Case
It is very important that you follow the status of your immigration
case if it is still pending. Failure to show up in court or follow the
immigration process will harm your ability to get legal protective
status to stay in the U.S. If you have a case in Immigration Court,
check the date of your next hearing, case status, or other information
by calling the Executive Office for Immigration Review’s Case
Information System at 240-314-1500 or 1-800-898-7180. You will
need your A-number.
You can check the status of your asylum or other applications before
USCIS at https://egov.uscis.gov/cris/Dashboard/CaseStatus.do, or
call the USCIS National Customer Service Center at 1-800-375-5283.
This is an automated system. That means you will not talk to a
person. You will get information on your case by pressing numbers
on the phone. You will need your A-number, any receipt number

40

41

CHAPTER 4
What Are the Immigration
Consequences of Criminal
Convictions?

I

nteracting with the U.S. criminal justice system is always a
stressful experience. Noncitizens face additional challenges
since the outcome of their criminal proceedings can affect
their immigration status, even leading to their removal from the
U.S. Fortunately, immigrants have a constitutional right to know if
a criminal plea will have immigration consequences. The following
information will help you exercise this important right, as well as
provide other guidance. This guidance is not meant to replace
legal advice and you should talk to an immigration lawyer if you
have specific questions about your case.

What to Know Before Dealing with Criminal Issues
MYTH: Because the U.S. has given me refugee/asylee status, they
would never send me back to the same country where I was
persecuted, no matter what.

43

CHAPTER 4
FACT: The U.S. regularly strips people of their immigration status
and removes them to their country of citizenship, even if they are/
were refugees or asylees, often as a result of criminal convictions.
Even a minor offense like shoplifting could result in your removal
from the U.S. Therefore, it is important to exercise your right to be
informed about the immigration consequences of any potential
criminal pleas or convictions.
MYTH: If I have lawful permanent resident (LPR) status, I can’t be
removed from the U.S.
FACT: LPR status is not always “permanent.” Thousands of immigrants
with LPR status, including refugees and asylees, are removed each
year because of criminal convictions. Unless you have obtained U.S.
citizenship, you could be removed because of a criminal conviction.
MYTH: Since the U.S. is not actually sending people back to my
country of origin, it doesn’t really matter if I am ordered removed
or not.
FACT: It is true that at any given time, the U.S. may not be physically
able to remove people to their country of citizenship because of
war, problems in diplomatic relations, natural disasters, or other
reasons. This is not a permanent guarantee of safety. At any time
the U.S. might be able to remove you and you will have to leave
the U.S., sometimes in as little as two weeks. Even if the U.S. does
not physically remove you, living with an order of removal is difficult.
You have to check in with Immigration on a regular basis and if you
fail to do so, you could be detained. You will have to apply and
pay for a separate work authorization document. You will also lose
important rights such as the right to bring family members into the
U.S. or receive certain federal benefits.

44

WHAT ARE THE IMMIGRATION CONSEQUENCES
OF CRIMINAL CONVICTIONS?
MYTH: Any criminal conviction will result in removal, so there is no
point in trying to find a safe alternative.
FACT: Your criminal attorney may be able to get you a “safe plea”
which will prevent you from suffering any negative immigration
consequences, or at least find a plea that will allow you to fight for
your right to stay in the U.S. in immigration court. Finding a safe
plea might be quite simple. You need to tell your criminal attorney
that you are concerned about immigration consequences so you
can get proper advice.
MYTH: My criminal attorney does not need to know details about
my immigration status or prior criminal history.
FACT: This information can drastically change what pleas would be
safe for you to take. DHS has different rules for different types of
immigration statuses, such as LPRs vs. refugees. In some cases, a prior
conviction can affect whether a plea to a current charge is safe because
some removal charges depend on having two or more convictions.
MYTH: If my criminal attorney says I’m fine and that she doesn’t
need to do any research into my options, I can trust that she is right.
FACT: Law dealing with immigration consequences is extremely
complicated and constantly changing. Your criminal attorney may
never know that you are not a U.S. citizen unless you tell her. Even
if your criminal attorney is aware of your immigration status, she
may not have the necessary knowledge of immigration law required
to give you the best advice. Don’t be afraid to ask your attorney
whether she has experience in immigration law. If she does not,

45

CHAPTER 4
ask her to find an immigration lawyer to assist her. Remember that
you have a constitutional right to receive this information from your
criminal attorney.
MYTH: Only a private attorney will be able to handle these
complicated issues.
FACT: The Supreme Court specifically mentions public defenders
as attorneys who are required to inform clients about potential
immigration consequences of any criminal plea. Your public defender
should have resources available to assist him. It is your right to have
this information and public defenders must provide it. You should
never agree to a plea if you are uncertain about how it will affect
your immigration status.
MYTH: If the state in which I face criminal charges doesn’t assign
me a public defender or the crime is not a misdemeanor or felony,
the conviction isn’t serious enough to cause immigration problems
for me.
FACT: Many states have a category of criminal convictions known
by terms such as “summary offenses,” “infractions,” or “violations”
that are considered less serious than misdemeanors under state
law. Depending on the state, you may not be assigned a public
defender for these cases. For many non-immigration purposes,
these dispositions may not count as a conviction, but they may still
affect your immigration status, and you should talk to an attorney
who understands these issues.

46

WHAT ARE THE IMMIGRATION CONSEQUENCES
OF CRIMINAL CONVICTIONS?
What You Need to Know While You are Facing Criminal
Charges
MYTH: If I pay a criminal bail, I will be free while my criminal case
is pending, no matter what.
FACT: If you are arrested for a criminal charge, the Department of
Homeland Security (DHS) may issue a “detainer” against you. If
this happens, paying your criminal bond may only result in your
being transferred into immigration custody, which could mean
being detained hundreds of miles away from your family and from
the criminal court handling your case.
Once you are in DHS custody, you may be given an immigration
bond. This must be paid in addition to your criminal bond. Unlike
criminal bonds, 100% of the amount of the immigration bond must
be paid before you can be released. If you are convicted in criminal
court, you may lose the ability to get the money paid for your
immigration bond back. Many individuals in immigration custody
are not even allowed to apply for a bond. If you fall into this category,
you could be stuck in DHS custody until your immigration case
ends. Any time spent in immigration detention during your criminal
proceedings will not count for “time served” or other types of
credits that can reduce the overall time you spend incarcerated for
a criminal sentence, unlike time in criminal custody. This could mean
that you are better off not paying a criminal bond. There is also a
possibility that the detainer was issued by mistake, meaning that
you may get to leave custody after paying a criminal bond.

47

CHAPTER 4
Things to Know After Your Criminal Proceedings
MYTH: If I am convicted of a crime and DHS begins removal
proceedings against me I am doomed.
FACT: Even if a conviction has immigration consequences and you
end up in removal proceedings as a result, there are often forms
of relief available, as well as other remedies you may eligible for.
Before you give up, talk to an immigration lawyer or legal services
provider who can evaluate your case—ideally in cooperation with
a criminal defense attorney who understands the immigration
consequences of criminal convictions.
MYTH: Once I have a criminal conviction, there is no changing it.
FACT: Depending on your case, you may be able to obtain postconviction relief (PCR). PCR is a process in which a criminal attorney
goes into court and seeks to have your sentence reduced or your
conviction changed.
If you pled guilty because your criminal defense attorney instructed
you to, but failed to tell you there would be immigration
consequences to your guilty plea, you may be able to have your
conviction changed, and your removal order reevaluated. For more
information, see the Florence Project’s guide at www.firrp.org/
media/Padilla-v.-Kentucky-Guide-2013.pdf.

WHAT ARE THE IMMIGRATION CONSEQUENCES
OF CRIMINAL CONVICTIONS?
Those forms usually request that you list all contacts with law
enforcement, including arrests, citations, and convictions. Not listing
a conviction puts you at risk of being accused of fraud. DHS will
discover your conviction even if you don’t tell them. Your failure to
disclose your conviction will be viewed negatively. This could prevent
you from obtaining certain immigration benefits, including U.S.
citizenship. In most cases, it is much better to list everything and
explain it rather than omit it and wait for Immigration to confront
you with it.
MYTH: If I get an expungement or pardon of my conviction, it no
longer exists for immigration purposes.
FACT: Many states have expungement programs that will remove
a conviction from your record for state purposes. However, DHS
often does not treat these expunged convictions as erased, so you
must still disclose them, and they may still affect you. A pardoned
conviction may not have immigration consequences but still might
need to be disclosed.
MYTH: I can travel outside of the U.S. without worry after a criminal
conviction.

FACT: You must follow the instructions on all immigration forms.

FACT: The U.S. uses different legal rules for immigrants entering the
country than for immigrants already living here. Even if you leave
the country for just a short trip, upon your return, the U.S. will apply
the same rules used for immigrants coming to the U.S. for the first
time. This means that a conviction that did not cause you problems
within the U.S. might get you placed in removal proceedings after
a trip abroad. As technology improves, even people with older

48

49

MYTH: If my conviction does not have immigration consequences,
I do not need to list it on any immigration forms.

CHAPTER 4
convictions who have traveled abroad several times sometimes have
immigration problems upon returning because it is easier for
Immigration to find the information. You should ask your criminal
lawyer if a plea will affect your right to travel.

CHAPTER 5

MYTH: If I’m not convicted of a crime in criminal court, I won’t have
any immigration problems related to that incident.
FACT: In most cases it is true that DHS cannot remove you based
on alleged criminal conduct if you weren’t convicted. However, there
are some exceptions to this rule. The most common relate to drug
trafficking and alien smuggling. If you are accused of this type of
crime, you may have to defend yourself in immigration court even
if you weren’t convicted. Unfortunately, while in criminal court charges
against you must be proved beyond a reasonable doubt, in
immigration court the standard of proof is only “clear and convincing
evidence.” Thus, evidence that is insufficient to prove your guilt in
a criminal court may be enough in immigration court.

What Are Your Rights
If You Have Been Arrested?

N

o matter what your immigration status is, you have certain
U.S. constitutional rights including these:
•	
•	
•	

the right to remain silent
the right to be free from unfair arrests and searches
the right to talk to your lawyer if you are arrested

More About Your Rights in a Criminal Matter
The Right to Remain Silent
If the police, ICE, Federal Bureau of Investigation (FBI), or any law
enforcement agent approaches you for a criminal matter, you have
the right to remain silent. This means that you do not have to answer
any questions until you talk to your lawyer. Some states have laws
that require you to give them your name or show identity information
if you are detained. Check with a lawyer or BIA accredited
representative about your state’s laws.
Important! Although you have the right to remain silent, you do
not have the right to lie to police or immigration officials. This is

50

51

CHAPTER 5
a crime, and could result in your deportation and inability to return to
the U.S. If you do not want to reveal your immigration status or answer
any other questions, it is very important that you do not lie, but instead
remain silent, and wait to speak to a lawyer before answering questions.
Be sure to always have with you the phone number of a lawyer’s
office that you can call. A lawyer can explain how you can best
protect your rights. If you don’t have the number of an immigration
lawyer who will take your call, the following agencies can help you
find one:
•	

•	
•	
•	

AILA (American Immigration Lawyers Association)
Immigration Lawyer Referral Service: www.ailalawyer.com,
(202-216-2400)
National Lawyers Guild, National Immigration Project: www.
nationalimmigrationproject.org, (617-227-9727)
Immigration Law Help: www.immigrationlawhelp.org (search
by state)
EOIR Free Legal Service Provider List:
www.justice.gov/eoir/probono/states.htm (search by state)

If you have valid immigration papers, you should carry them with you
and be prepared to show them to officers. Examples of immigration
documents include your I-94, green card, visa, border crossing
document, or even court documents showing you are in proceedings
if you have no other papers. (See Chapter 7, “Case Status and Proof
of Status,” for more information on how to show your status.) Make
sure you have a copy of your immigration papers in a safe place at
home in case your originals are lost or stolen. If you do not have valid
immigration papers, you can choose to not answer questions about
your status or papers, but you may be arrested.

52

WHAT ARE YOUR RIGHTS
IF YOU HAVE BEEN ARRESTED?
Important! Never show false papers, or claim you have U.S.
citizenship or another valid immigration status if you do not. This
is a crime, and may result in your deportation and inability to return
to the U.S.
You do not have to answer any other questions if an officer stops
you on the street, visits where you work or live, or calls you on the
telephone. Instead, you can ask to speak to your lawyer. If you have
been stopped for reasons related to criminal activity, you have the
right to request a government-appointed lawyer.
The Right to Be Free From “Unreasonable Searches and Seizures”
If the police stop you on the street, an officer can frisk you, which
means pat your clothing to see if you are carrying anything illegal.
But that is all. If they stop you in your car, they can search without
a warrant if they have a good reason to suspect illegal activity.
However, usually to search or enter your house, the police must
show you a warrant. If police come to your house, ask to see their
warrant. If they do not have one, you do not have to let them in.
Even if they have a warrant and enter, you still have the right to
remain silent.
Your Rights When Facing ICE Detention and Deportation
A USCIS or ICE official may ask to see your immigration papers. If
you have valid immigration papers, it is a good idea to show them
to the official. If you do not show them, the official may arrest you.
Again, do not lie, or present fake papers or papers that belong
to someone else.

53

CHAPTER 5
Important! You do not have to answer any questions about where
you are from, how you got to the U.S., or your immigration status
(whether you are undocumented) without talking to a lawyer—even
if you are arrested. Do not sign anything, especially an “Order of
Voluntary Departure” or anything admitting that you used false
identification or travel documents, without talking to a lawyer first.
If you admit you are undocumented or sign those papers, you could
lose rights to stay that you might otherwise have.
If ICE detains you, ICE officials may decide to do one or more of
the following:
•	
•	
•	
•	

Begin the immigration proceedings to remove you from
the U.S.
Activate an old removal order without going through
immigration court
Hold you in custody
Release you

They usually must make this decision within 48 hours. If they still
have not decided after 48 hours in detention, talk to your lawyer.
If you have no lawyer, ask ICE for a list of pro bono (free) and lowcost lawyers. In immigration proceedings, unlike criminal
proceedings, you do not have the right to a government-appointed
attorney; however, ICE is required to provide you with a list of
immigration legal services providers.

WHAT ARE YOUR RIGHTS
IF YOU HAVE BEEN ARRESTED?
You have the right to contact your home country’s consulate or the
consulate of the country where you have your citizenship. You have the
right to refuse to talk to your home country’s consulate. It is your choice.
Usually, you have the right to a hearing in front of an Immigration
Judge. ICE usually cannot deport you unless you have a hearing.
If you accept “voluntary departure,” you will not have a hearing.
If you accept “voluntary departure” or removal, you have given up
your rights and may never be able to enter the U.S. again.
Important! If you are released, it does not mean your case is over.
Make sure you understand what the next steps in your case are,
and when you next need to be in immigration court. Failure to
show up to your court hearings may lead to your deportation and
inability to return to the U.S.
Important! Your constitutional rights rarely change, but immigration
laws and regulations do change. If you are not sure about your
rights or if you fear that your rights may have been violated, call
the National Lawyers Guild at 617-227-9727 or the American Civil
Liberties Union at 212-549-2660.
What Can I Do If My Rights Were Violated in Detention?
There are a number of steps you can take if your rights were violated
while in detention.

If ICE starts removal proceedings or if you have a final order of
removal, ICE may either continue to hold you in custody or release
you. If ICE decides to keep you detained, you should ask the
Immigration Judge whether you are eligible for a bond hearing.
You should also ask an attorney for help with this.

ICE Community Hotline
You or your relatives may call the ICE Community Hotline at 1-888351-4024 to report abuses or other problems with your treatment.

54

55

CHAPTER 5
Office for Civil Rights and Civil Liberties
If you experienced any type of abuse; civil rights or human rights
violations; or discrimination based on your race, ethnicity, national origin,
gender, or a disability; you can file a report with the Office for Civil Rights
and Civil Liberties (CRCL). CRCL is a division of the Department of
Homeland Security (DHS) that investigates reports of such violations.
Copies of the complaint form are available in detention centers.
You can also download a copy at www.dhs.gov/xlibrary/assets/
crcl-complaint-submission-form-english.pdf, and read more about
the process at www.dhs.gov/file-civil-rights-complaint. Mail, fax, or
email the form to:

WHAT ARE YOUR RIGHTS
IF YOU HAVE BEEN ARRESTED?
ICE Office of Professional Responsibility
Department of Homeland Security
Immigration and Customs Enforcement
Office of Professional Responsibility
P.O. Box 14475
Pennsylvania Avenue NW
Washington, DC 20044
E-mail: Joint.Intake@dhs.gov
Some information in this section courtesy of National Lawyers Guild,
ACLU, and Florence Immigrant and Refugee Rights Project.

Office for Civil Rights and Civil Liberties
245 Murray Lane, SW
Building 410, Mail Stop #0800
Washington, DC 20528
Phone: 1-866-644-8360
Fax: 202-401-4708
E-mail: civil.liberties@dhs.gov
You can also call or send a letter or email with a description of what
happened to the following two departments, which also conduct
investigations into ICE:
DHS Office of Inspector General
Attention: Office of Investigations Hotline
245 Murray Drive SW
Building 410, Mail Stop #2600
Washington, DC 20528
Phone: 1-800-323-8603
E-mail: DHSOIGHOTLINE@dhs.gov

56

57

CHAPTER 6
How to Get Your Personal
Property After You Are Released
From Detention

T

his section is for those who have been released from
immigration detention.

Check-In Process
When you came to the detention center an officer took your
property. The processing officers gave you receipts for your property.
They should return your property when they release you. You should
have two receipts:
•	
•	

Form G-589: a white paper describing personal property,
including documents and cash (money)
Form I-77: a ticket for luggage and a description of contents.

Check-Out Process
When you left detention, you and the officer should have checked
that you received everything written on the G-589 and I-77 forms.
There are three reasons why you might not leave with all your property:

59

CHAPTER 6
•	

•	

•	

You gave a shipping address for large luggage. The address
where your luggage was sent and the date it was sent should
also be written on the appropriate I-77 form.
ICE reserved the right to appeal the Immigration Judge’s
decision and is keeping your original documents in your
A-file—the folder with your case information.
Something was lost.

If ICE Appeals
ICE may reserve the right to appeal the judge’s decision in your
immigration case. ICE must appeal within 30 days. If you have not
been notified of an appeal within 30 days, you can get back your
documents.
To find out if your case is being appealed, call the USCIS information
hotline at 1-800-375-5283, or check the status of your case online
at https://egov.uscis.gov/cris/Dashboard/CaseStatus.do.
To get back your documents, call the detention center and ask for
help. If you remember the name of your deportation officer, ask
for him or her directly. If you do not remember the officer’s name,
ask for the processing unit.
If ICE Sent Your Documents Somewhere Else
If your deportation officer sent the documents to another ICE office,
it may be more difficult to find them again. But it is still your right
to have your property returned to you. Ask your deportation officer
to give you the address of the ICE office where your documents
were sent.
Call USCIS at 1-800-870-3676 and ask for form G-884 or go online
to replace with www.uscis.gov/g-884. This form is a request to get

60

HOW TO GET YOUR PERSONAL PROPERTY
AFTER YOU ARE RELEASED FROM DETENTION
back your original documents. Photocopy your completed G-884
form and keep the copy for your records. Send the completed
original form by mail with a return receipt, available at the post
office, to the ICE office that holds the documents you want back.
Keep the receipt in a safe place with a copy of the form. Call the
USCIS National Customer Service Center at 1-800-375-5283 if you
do not know the address of the ICE office that holds your documents.
Note on Identification Documents (IDs)
ICE attorneys unfortunately often will not return your passport or
other forms of identification until after your case is over. This is
because they want to use your identification as evidence in your
immigration court case. This can make it difficult for you to access
basic services you may want, like public benefits, or to drive if ICE
has kept your driver’s license. Sometimes, your lawyer will be able
to convince ICE to agree to make copies of your documents for
their records and give you the originals. Ask your lawyer for help
with this.
Get a Copy of Your Medical Record
If you saw the detention center’s doctor for any health problems
while you were in detention, you should ask for a copy of your
medical record. If you were receiving medical care when you were
released from the detention center, they should have given you a
discharge plan to ensure continuity of medical care. This discharge
plan is a written copy of your medical records and what you will
need to do to still receive care after you are released. If you were
getting prescription medications at the time of your release, they
may have given you up to a 30-day supply of the medication.

61

CHAPTER 6
If you do not have your medical record, call the detention center
and ask how to get a copy. Ask them to send the copy to you, to
your Resettlement Agency if you have one, or to your lawyer. You
must sign a Freedom of Information Act (FOIA) form to let the
detention center send a copy to the Resettlement Agency. This
form is used when asking for your confidential records from a
government office.
If you need help locating the detention center in which you were held,
call the USCIS National Customer Service Center at 1-800-375-5283.
If you do not get a response from ICE, contact an immigration
lawyer or BIA accredited representative.

CHAPTER 7
Case Status and Proof of Status

I

f you have been granted some form of legal protective status
to stay in the U.S., you should have a document that shows your
immigration status. This U.S. government document is your
“proof of status” and will be important when you apply for immigration
benefits. These documents can also be used as forms of identification
to apply for the various benefits described in this guide.
If you do not know the status of your immigration case with USCIS,
check the status of your case at https://egov.uscis.gov/cris/
Dashboard/CaseStatus.do. You can also call the USCIS National
Customer Service Center at 1-800-375-5283. You will likely be asked
for your name, date of birth, A-number, and a receipt number for
your pending application. If you have questions about your case,
you can make a free Infopass appointment to speak with a USCIS
representative at https://infopass.uscis.gov/.
If you have a case in Immigration Court, and wish to check the date
of your next hearing, case status, or other information, call the
Executive Office for Immigration Review’s Case Information System

62

63

CHAPTER 7

CASE STATUS AND PROOF OF STATUS

at 240-314-1500 or 1-800-898-7180. You will need your A-number.

where you arrived) that contains your basic information and
emergency contact information.

Following is a list of documents that prove your status, organized
by status:

Asylees

Refugees

The following documents prove your immigration status as an asylee:

The following documents prove your immigration status as a refugee:
•	

•	

I-94 Identification Card: Also known as an “Arrival and
Departure Record,” this was given to upon your arrival to the
U.S. by Immigration officials. It is usually a white card with a
stamp that states your status, A-number, name, and country of
origin. In May 2013, many I-94s became automated, so instead
of receiving an actual card, you may have received an annotated
I-94 stamp affixed to your passport. This stamp is the same
thing as the old I-94 card, and can be used as ID as well.
Employment Authorization Document (EAD): As a refugee,
you should be issued your EAD, or work permit, soon after
you arrive in the U.S. It should have the code (a)(3), which
is the code for “refugee.”

•	

•	

The following documents support, but do not prove, your
immigration status as a refugee:
•	

•	
•	
•	

The resettlement documents you received from the
International Organization for Migration (IOM), in your IOM
bag, before you departed your home country
Your promissory note from your travel loan
Medical exam forms from your refugee medical exam (it is
highly recommended that you not share these forms, however)
IOM card given to you at the port of entry (the U.S. airport

64

•	

•	

I-94 Identification Card: Also known as an “Arrival and
Departure Record,” this was given to you when you were
granted aslyee status. It is usually a white card with a stamp
that states your status, A-number, name, and country of origin.
In May 2013, many I-94s became automated, so instead of
receiving an actual card, you may have received an annotated
I-94 stamp affixed to your passport. This stamp is the same
thing as the old I-94 card, and can be used as ID as well.
Immigration Judge Court Order: This is the document you
received if you were granted asylum in Immigration Court
by a judge. If the judge’s order says that USCIS “reserves its
right to appeal,” you will have to wait 31 days to know if you
were given protective status. On or after the 31st day, you
can call the USCIS hotline number or go to the website where
you check your status to see if your case was appealed. If it
was not appealed, you have protective status. If you have a
judge’s order but not an I-94 card, you should go to your
local USCIS office and ask how to get an I-94 card.
Asylum Office Grant Letter: This is the letter you received
from USCIS if you were granted asylum by an Asylum Officer,
and not in immigration court. This letter should have an I-94
attached at the bottom. If it does not, contact the USCIS
office where you had your interview.
Employment Authorization Document (EAD): As an aslyee,
you do not need an EAD, or work permit, to work. You may

65

CHAPTER 7
choose to get one for convenience. It should have the code
(a)(5), which is code for “asylee.”
A family member who receives asylum through you may prove his
or her status with an I-730 Approval Letter.

Asylum Seekers
You will receive a receipt after filing a petition for asylum status,
which serves as proof of your application for asylum while your case
is reviewed.
If you file your petition in court you unfortunately will not receive
a receipt, and it is harder to prove your status as an asylum seeker.
If you need to prove your status to immigration officials, you can
use your A-number or any court documents or orders from
Immigration Judges, including your Notice to Appear (NTA), which
is the document explaining why you are being called to court for
removal proceedings.
Some asylum seekers will also be able to get an EAD, or work
permit, which is covered in Chapter 14, “Right to Work,” and
Chapter 15, “How to Get a Work Permit.” If you get a work permit,
your permit will have the code (c)(8) for “Asylum Applicant,” and
you should use this as ID. You may also be eligible for a limited
Social Security number, which is discussed in Chapter 16, “How to
Get a Social Security Number.” If so, you will receive a Social Security
card, although this will not have your photo on it. Some asylum
seekers will be able to get a state ID card, which is briefly discussed
in Chapter 17, “How to Get a State ID Card.”

CASE STATUS AND PROOF OF STATUS
building without a photo ID, which can make it difficult to apply
for certain benefits. You may want to try to get a state ID to avoid
this difficulty.

Withholding of Removal, Under the INA or Under
CAT (Convention Against Torture)
Unfortunately, there is no official way for you to prove your status. Like
asylum seekers, your A-number, NTA, or the order from the Immigration
Judge found on the court document you received after your court
hearing may be the only documents that show proof of your status.
Some people granted withholding or CAT protection may be eligible
for an EAD, or work permit, which is covered in Chapter 14, “Right
to Work,” and Chapter 15, “How to Get a Work Permit.” If you get
a work permit, your permit will have the code (a)(10) for “Withholding
of Removal,” and you should use this as ID. You may also be eligible
for a limited Social Security number, which is discussed in Chapter
16, “How to Get a Social Security Number.” If so, you will receive
a Social Security card, although this will not have your photo on it.
Some states may permit you to get a state ID card or driver’s license,
which is discussed in Chapter 17, “How to Get a State ID Card.”

Deferral Under CAT (Convention Against Torture)

Note: Sometimes you will not be allowed to enter a government

Unfortunately, there is no official way for you to prove your status.
Like asylum seekers, your A-number, NTA, or the order from the
Immigration Judge found on the court document you received after
your court hearing may be the only documents that show your status.
It is rare, but some people granted deferral under CAT protection may
be eligible for a work permit, which is covered in Chapter 14, “Right
to Work,” and Chapter 15, “How to Get a Work Permit.” If you get a

66

67

CHAPTER 7
work permit, it will have the code (c)(18), the code for “final order of
removal but cannot be removed.” You may also be eligible for a limited
Social Security number, which is discussed in Chapter 16, “How to
Get a Social Security Number.” If so, you will receive a Social Security
card, although this will not have your photo on it. Some states may
permit you to get a state ID card or driver’s license, which is briefly
discussed in Chapter 17, “How to Get a State ID Card.”
Tip: Your proof of status is a very important document. Keep your
proof of status protected in a safe and dry place to prevent it from
getting torn or destroyed. You may want to keep it in a lock box
or a bank safe. Make a photocopy to keep with you until you get
a work permit or state ID card.
Can I Lose My Legal Protective Status?
Until you become a U.S. citizen, you can lose your protective status
under certain circumstances. Your protective status with a T-visa
and U-visa will expire if you do not get a green card and can be
cancelled if you do not comply with the rules of the visa. The law
says that refugee, parolee, asylum status, WOR, and protection
under the CAT are indefinite. Indefinite does not mean permanent.
Indefinite means your protective status will not end on a set
date. The U.S. government may start a process to end your
protective status for these reasons:
•	
•	
•	

Things have changed in the country you fled, and you no
longer have a well-founded fear of persecution
Another country grants you legal protective status
You commit certain crimes

68

CHAPTER 8
What You Must Do When
You Change Your Address

N

otifying USCIS about your change of address is very
important! If your case is still pending, it is also very
important to notify the immigration court!

The immigration court and USCIS are not the same. If your court
case is not finished, or you were given a conditional grant of asylum
by the Board of Immigration Appeals, you must tell the immigration
court or BIA your new address within five days after you move.
If your case is in Immigration Court, you can get the change of
address form, EOIR-33, from the immigration court or online at
www.justice.gov/eoir/eoirforms/eoir33/ICadr33.htm, and then
follow the directions to download the proper form according to
the location of your court. If your case is at the BIA, use this form:
www.justice.gov/eoir/eoirforms/eoir33bia.pdf. You may also need
to change your case to a new court. For more information on how
to change the venue (location of court), talk to an immigration
attorney or BIA accredited representative, or go online to the EOIR’s
website at www.usdoj.gov/eoir.

69

CHAPTER 8

WHAT YOU MUST DO
WHEN YOU CHANGE YOUR ADDRESS

If you won your immigration case and the government did not
appeal after one month, then your court case is finished and you
do not have to tell the immigration court or BIA your new address.
However, USCIS will still need to send you important documents.
All non-citizens must tell USCIS when they move—even if you won
your immigration case. You must tell USCIS your new address
within 10 days after you move. To avoid trouble, you should tell
USCIS before you move, and give USCIS the date that your new
address becomes effective.

U.S. Department of Homeland Security
Citizenship and Immigration Services
Attn: Change of Address
1344 Pleasants Drive
Harrisonburg, VA 22801
Remember these things:
•	

If you do not tell USCIS when you move, one of these things may
happen:
•	
•	
•	

You may have to pay a large fine.
You may have to go to prison for 30 days.
You may be deported.

How to Notify USCIS About Your Change of Address
To tell USCIS when you move, fill out form AR-11, the Alien’s Change
of Address Card. This can be done in one of three ways:
•	
•	
•	

Go to https://egov.uscis.gov/coa/displayCOAForm.do to
fill out and submit the form online.
Call the USCIS National Customer Service Center at 1-800375-5283 and follow the instructions for an address change.
Request the most recent version of form AR-11, the Alien’s
Change of Address Card, by calling USCIS at 1-800-870-3676
or retrieving it online at http://www.uscis.gov/addresschange.
Fill it out and send it to the following address:

70

•	
•	

•	

•	

If you have pending or recently approved applications, and
you submit your Change of Address form on paper (by mail),
you must also change your address for each pending
application by calling 1-800-375-5283. If you submit your
Change of Address form online, you do not have to take
this extra step, so you may want to submit it online because
it is easier and covers all your applications.
All forms must be completed in English.
If you call to get the AR-11 form, you may want to request
it as soon as you know you are going to move, since it may
take more than 10 days to arrive.
Keep a photocopy of the completed form for your records.
Send the form via certified mail with a return receipt,
available at the post office. Keep the proof of mailing, and
put that and the photocopy of the completed form together
in a safe place.
To be on the safe side, send a copy to each USCIS Service
Center where you have sent immigration paperwork or
applications.

USCIS may request the filing date and a copy of the cover page
for any applications you have pending with a service center (an

71

CHAPTER 8
EAD or I-730, for example). To confirm where to send the AR-11
form or to learn what else you should submit, call the USCIS National
Customer Service Center at 1-800-375-5283 or see www.uscis.gov/
addresschange.
Other Places to Notify About Your Change of Address
You may move a few times while you are getting settled in the U.S.
It is important that you maintain a reliable postal address. You must
inform any social services and Refugee Agencies you have been
working with when you move, as well as any local, state, or federal
government agency with which you have pending business. You
should also notify banks, credit card companies, doctors, and other
places with which you have business, that send you bills or mail,
or that otherwise need to contact you.
If you move, go to the post office and tell them you have changed
your address. They will give you a paper to fill out with your name,
your old address and your new address. You can ask them to forward
your mail for up to six months. This means they can make sure that
letters that were sent to your old address will go instead to your
new home. No government documents will be forwarded so make
sure to communicate your current address to the government.

CHAPTER 9
How to Reunite Your Family

F

or many people who have fled their home to seek protection,
leaving their families behind is the most painful part of the
journey.

A family reunification process allows some immigrants to bring their
family members. If you have refugee or asylee status, you can
petition to bring your spouse and unmarried children under 21, in
a process outlined below. This section also outlines how asylum
seekers can add family members to their asylum applications. Once
you become a lawful permanent resident, you can apply to bring
unmarried children of any age, and once you become a U.S. citizen,
you can apply to bring even more categories of family members
by filling out the Form I-130. Following are status-specific details.

Refugees and Asylees
If you have been in the U.S. for less than two years as a refugee or
were granted asylum within the past two years, you can apply for
your spouse (husband or wife) and any unmarried children under

72

73

CHAPTER 9

HOW TO REUNITE YOUR FAMILY

the age of 21 to join you here. It is very important that you apply
for visas for your spouse and children within two years of the time
you were granted asylum or entered the U.S. as a refugee. If you
wait more than two years, you will no longer be able to use the
special family reunification process, and will have to wait many
years before they can join you.
•	
Fill out an I-730, Refugee/Asylee Relative Petition, found at www.
uscis.gov/i-730. You must fill out a separate I-730 for each family
member you wish to bring. There is no fee for the application, but
you will need to pay for a plane ticket for each person. Do not buy
plane tickets for your family members until you receive authorization
for them to come to the U.S. Once granted, your family members
will usually have to use the visa to come to the U.S. within a few
months. You may be able to get a loan from a church or another
organization to pay for their plane ticket, but this is rare.
You should get help from a BIA accredited organization or
immigration lawyer to help you file this form. Be sure to carefully
read all the instructions. Here are a few things to keep in mind:
•	

•	
•	

•	

You will need proof that the people you want to bring to
the U.S. are your relatives. Photographs, birth certificates,
and marriage certificates will help you prove this.
You will have to pay for the airplane tickets for your family
members to join you. Start saving money!
Make sure you include copies of all necessary supporting
documents mentioned in the form’s instructions. USCIS may
delay or deny your application if these supporting documents
are not included.
After you file your immigration form, USCIS may write a
letter telling you that your relative will need to have a

74

biometrics appointment. This means they will take your
relative’s fingerprints. They may also ask for a signature and
take a picture. USCIS will give you details on where your
relative must go for their biometrics appointment. Sometimes,
a DNA test may be required for you and for the relative you
are applying to bring. You may have to pay for these tests.
Keep a photocopy of the completed form for your records.
Send the form via certified mail with a return receipt,
available at the post office.

Priority 3 (P-3) Family Reunification Program
There is another process you may be able to use called the Priority-3
(P-3) Family Reunification Program, or Affidavit of Relationship
program. This process is only for people of certain nationalities
that the U.S. government decides each year, based on the level of
danger in each country. These applications are done by refugee
resettlement offices, which must fill them out free of charge. If your
family is accepted through this program, they will be brought into
the country as refugees. Check with a Resettlement Agency, listed
in Chapter 25, on whether the P-3 program applies to you.

Asylum Seekers
Unfortunately, you cannot bring your family to the U.S. while you
wait for your asylum claim to be decided. However, you must list
your spouse and children on your I-589, Application for Asylum
and for Withholding of Removal, when you apply for asylum. If your
spouse and unmarried children under 21 are already in the U.S.,
you can add them, and they will be included in your application.
If your spouse and unmarried children under 21 are not in the U.S.,
you may apply to bring them if you are granted asylum, within two
years of receiving asylum. You can apply by filling out an I-730,

75

CHAPTER 9
Refugee/Asylee Relative Petition, found at www.uscis.gov/i-730.
Follow the instructions under the section above for refugees and
asylees.

Withholding of Removal and CAT

CHAPTER 10

Unfortunately, you cannot bring your family members to the U.S.

How to Get Your Green Card

W

hat is Lawful Permanent Residence?
The term “lawful permanent resident,” also known as
“LPR,” has the same meaning as “legal permanent
resident,” “permanent resident alien,” and “green card holder.” If
you are an LPR, the U.S. government allows you to live permanently
in the U.S. as long as you do not commit particular crimes or
otherwise violate the terms of your status. You can work anywhere
in the U.S. (except for certain jobs that require U.S. citizenship),
travel in and out of the country with some restrictions, and have
protection under all U.S. laws.
As an LPR, you are required to obey all laws of the U.S., file income
taxes, report income to the federal and state government, and if
you are a male between the ages of 18 and 25, register with the
Selective Service. You are not allowed to vote in federal elections.
Although a few states and communities allow you to vote, it is very
uncommon. Failure to abide by the above requirements can threaten
your immigration status and make you subject to deportation.

76

77

CHAPTER 10
The process of gaining lawful permanent residence is also called
“adjustment of status,” or “AOS.” Green cards used to be printed
on green paper, but no longer are.
Being an LPR is a necessary first step before becoming a citizen of
the U.S. You can apply for U.S. citizenship after meeting certain
conditions for five years as an LPR. Information for people who
have LPR status is covered more in-depth on the supplement for
LPRs. This document can be found at: www.lirs.org/firststeps.
Who is Eligible to Become a Lawful Permanent Resident?
To be an LPR, you first must figure out whether you are eligible.
For detailed information, see www.uscis.gov/green-card/greencard-processes-and-procedures/green-card-eligibility. The
eligibility requirements are very strict. There are four general
categories of eligibility:
1.	
2.	
3.	
4.	

Family sponsorship
Employment sponsorship
Adjustment from refugee or asylee status
Other special provisions

Family Sponsorship: Some people may be able to adjust through
their U.S. citizen or LPR family member. There are many categories
within the family sponsorship track, which have different processes
and wait times.
•	

Immediate relatives: These relatives of U.S. citizens do not
have to wait for a visa to become available, and there is no
limitation on the number available each year:
o Parents of a U.S. citizen who is at least 21,
o Spouse (husband or wife) of a U.S. citizen,

78

HOW TO GET YOUR GREEN CARD
•	

o Unmarried children under 21 of a U.S. citizen.
Qualified relatives: These relatives of U.S. citizens or LPRs
will have to wait for a visa to become available before they
can apply, and the wait time depends on the preference
category (shortest wait time for the 1st preference, and
longest for the 4th):
o First Preference: Unmarried, adult (21 or older) sons
and daughters of U.S. citizens
o Second Preference A: Spouses and unmarried
children (under 21) of LPRs
o Second Preference B: Unmarried sons and
daughters (21 or older) of LPRs
o Third Preference: Married sons and daughters of
U.S. citizens, their spouses, and their minor children
o Fourth Preference: Siblings (brothers and sisters) of
adult U.S. citizens, their spouses, and their minor
children

If you think you might be eligible to adjust through a family member,
see a lawyer or BIA accredited representative. Also see USCIS’s
page on adjustment through family members at www.uscis.gov/
green-card/green-card-through-family.
Employment Sponsorship: Some people become eligible to adjust
through employment in various ways, including an offer of permanent
employment; substantial investment in an enterprise that creates
new jobs in the U.S.; extraordinary ability or national interest waiver;
or another special employment category such as religious workers,
translators, or medical professionals from specific countries. For
more information, see USCIS’s page on employment sponsorship
at www.uscis.gov/green-card/green-card-through-job.

79

CHAPTER 10

HOW TO GET YOUR GREEN CARD

Adjustment from Refugee or Asylee status: Refugees must apply to
adjust one year after admission to the U.S. as a refugee, and asylees
are eligible to adjust one year after they are granted aslyee status.
The process for refugees and aslyees is outlined in detail below.

at 1-800-870-3676 or you can get the form online at www.uscis.
gov/i-485. If you can, get help from a BIA accredited representative
or a lawyer.

Other Special Provisions: You may also be eligible to adjust through
other special provisions. These include the Diversity Visa Immigrant
Program (green card lottery), Cuban/Haitian entrants, fiancées of
U.S. citizens and their children, and other programs. For more
information on these specific categories, please see USCIS’s page
on other ways to get a green card at www.uscis.gov/green-card/
other-ways-get-green-card.
This category also includes the ability to adjust through other
humanitarian protection-based categories, such as through VAWA
for battered spouses, children, or parents; a T-visa for trafficking
victims; and a U-visa for immigrant victims of crime. Among other
requirements, battered spouses, children, or parents are eligible
to adjust as soon as their I-360 for VAWA protection is approved;
trafficking victims are eligible three years after being granted a
T-visa; and crime victims are eligible three years after being granted
a U-visa. Detailed instructions on how to adjust from those special
humanitarian-based categories will appear in the supplements for
those specific statuses.
How to Become a Lawful Permanent Resident
The steps to becoming an LPR vary by status and which options
are available to you. Specific instructions are available for each
status, either below for refugees and asylees, or in status-specific
supplements. Regardless of status, everyone must fill out an I-485,
Application to Register Permanent Residence or Adjust Status. You
can request the most recent version of form I-485 by calling USCIS

80

Note on Maintaining, Renewing, and Replacing Your Green Card
Most green cards are valid for 10 years, and you must renew your
green card before it expires. (Those with “conditional permanent
residence” must take steps to remove the condition and renew after
two years.) You also must replace your green card if it is lost, stolen,
damaged, or if your name or other biographical information changes.
Once you get your green card, you must remember that it can still
be taken away if you commit certain crimes, fail to pay taxes, or
stay out of the U.S. for a lengthy period of time.
For more information on how to renew or replace your green card,
and how to make sure you do not lose your LPR status, see the
supplement on lawful permanent residents.

Refugees
As a refugee, you are required to apply to adjust your status one year
after being admitted to the U.S. as a refugee. Note: When permanent
residency is granted, you will have your adjustment of status date
recorded as the day you entered into the U.S. as a refugee, not the
date you actually adjusted. This is helpful because in order to become
a U.S. citizen, you must have been an LPR for five years (among other
requirements). As a refugee, your first year in the U.S. will count towards
that five-year requirement if you file your green card application on
time. In other words, refugees and asylees may apply to naturalize
after having a green card for four years, instead of five.

81

CHAPTER 10
You should submit the following forms and information:
•	
•	

•	
•	
•	

•	
•	

Form I-485, Application to Register Permanent Residence
or Adjust Status.
Two passport-sized photos in an envelope stapled to lower
left corner. (Be sure the staple does not go through the
photo, and that your name and A-number are written on
the back of the photo but that the ink did not go through,
or the application will be rejected!)
Form G-28, if applicable, signed by you and the attorney
(or authorized representative).
Form G-325A, the Biographical Information Form.
Form I-693, Report of Medical Examination and Vaccination
Record.
o Note: you only need the complete Form I-693 if you
had “medical grounds of inadmissibility” when you
arrived, or if you received refugee status through a
relative. Otherwise, you only need the vaccination
portion filled out. Call the National Customer Service
Center at 1-800-375-5283 or see the Civil Surgeons
Locator page on the USCIS website at www.uscis.
gov/civilsurgeons to locate USCIS-designated civil
surgeons (doctors) where you live.
Evidence of your refugee status (see Chapter 7, “Case Status
and Proof of Status”).
Proof of any legal name change you obtained since gaining
refugee status. If you have married or divorced, include
copies of the marriage documents, and proof of your current
and former name.

You must prepare a separate Form I-485 application packet for
each member of your family who wishes to obtain a green card.

82

HOW TO GET YOUR GREEN CARD
All family members’ application packets should be mailed together
in the same mailing envelope. To hold each application packet
together, use a single staple or a paper clip.
Where you send your application depends on the state you live in.
Read the instructions on the I-485 page or call the USCIS National
Customer Service Center at 1-800-375-5283 and ask where to send
the I-485 form.

Asylees
Although it is not required, it is highly recommended that you apply
to adjust your status as soon as one year has passed since you were
granted asylum.
You should submit the following forms and information:
•	
•	

•	

Form I-485, Application to Register Permanent Residence
or Adjust Status.
Fee: Unlike refugees, asylees must pay the I-485 fee and
the fingerprint fee. It is expensive, so start saving!
o Note: If you cannot afford the fee, you may be eligible
for a “fee waiver,” which means you may not have
to pay. You should not let the high cost discourage
you from applying. Instead, check out USCIS’s
information on fee waivers at www.uscis.gov/
feewaiver. Read the instructions, which explain who
is eligible, at www.uscis.gov/sites/default/files/files/
form/i-912instr.pdf. If you are eligible, fill out Form
I-912, Request for Fee Waiver, at www.uscis.gov/sites/
default/files/files/form/i-912.pdf.
Two photos in an envelope stapled to lower left corner. (Be

83

CHAPTER 10

•	
•	
•	

•	
•	

sure the staple does not go through the photo, and that
your name and A-number are written on the back of the
photo but that the ink did not go through, or the application
will be rejected!)
Form G-28, if applicable, signed by you and the attorney
(or authorized representative).
Form G-325A, the Biographical Information Form.
Form I-693, Report of Medical Examination and Vaccination
Record.
o Note: You can call the National Customer Service
Center at 1-800-375-5283 or see the Civil Surgeons
Locator page on the USCIS website at www.uscis.
gov/civilsurgeons to locate USCIS-designated civil
surgeons (doctors) where you live.
Evidence of your asylee status (see Chapter 7, “Case Status
and Proof of Status”).
Proof of any legal name change you obtained since gaining
refugee status. If you have married or divorced, include
copies of the marriage documents, and proof of your current
and former name.

HOW TO GET YOUR GREEN CARD

•	

Send the form via certified mail with a return receipt,
available at the post office.
If you have a criminal record, you must submit copies of all
court documents, as well as a completed Form I-602,
Application by Refugee for Waiver of Grounds of Excludability
(if applicable). It is highly recommended that you see an
attorney to apply if you have criminal convictions. Otherwise
you may find yourself in removal proceedings!

Where you send your I-485 depends on the state you live in. Go
to www.uscis.gov/i-485 or call the USCIS National Customer Service
Center at 1-800-375-5283 and ask where to send the I-485 form.

Asylum Seekers
You cannot apply for a green card until one year from the date you
are granted asylum.

Withholding of Removal and CAT
Under current law, you cannot apply for a green card or become
a lawful permanent resident.

Refugees and Asylees
Be sure to carefully read the detailed instructions and remember
these things:
•	

•	

Did you leave the country during the first year after you got
refugee or asylee status? If so, those days do not count as
part of your 365 total days. For example, if you left the
country for 10 days, you cannot apply for a green card until
375 days after you were granted refugee or asylee status.
Keep a photocopy of the completed form for your records.

84

85

CHAPTER 11
How to Become a U.S. Citizen

W

hat is Naturalization?
Naturalization is the process by which certain non-U.S.
citizens can apply to become U.S. citizens. To “naturalize”
means to take the required steps to becoming a U.S. citizen.
What Are the Benefits of Naturalizing?
When you naturalize, you will become a U.S. citizen, and have
almost all the same rights and protections as U.S. born citizens.
U.S. citizens have more rights than lawful permanent residents
(LPRs). There are many things only U.S. citizens can do in America,
some of which may be very important to you. It is very important
for you try to naturalize when you are eligible, so you may receive
these rights and protections. As a naturalized U.S. citizen, you will
be able to:
•	

Keep your lawful status in the United States and no
longer be in danger of deportation.
This is very important! Even if you have adjusted your status
to become an LPR (have your green card) you can still have

87

CHAPTER 11

•	

•	

•	

•	

your green card taken away and be deported for committing
certain crimes, traveling outside the U.S. for too long, or
failing to file your income taxes. When you are an American
citizen, you cannot be deported.
Bring family members to the U.S.
U.S. citizens can bring more family members to the U.S.
than refugee, asylees, and LPRs. For example, as a refugee
or asylee, you can apply for your spouse (husband or wife)
and any unmarried children under the age of 21 to join you.
As an LPR, you may apply to bring your spouse or unmarried
children of any age. But as a U.S. citizen, you may apply to
bring your spouse, and children of any age, whether they
are unmarried or married. And as a U.S. citizen, you may
also apply to bring your parents and siblings (brother and
sisters) once you are over 21 years old.
Get more government benefits.
Immigrants have many restrictions on access to government
benefits and healthcare. (See Chapters 18 and 19 for details
on immigrants’ access to benefits and healthcare.) However,
after you naturalize, you will no longer be subject to immigrationrelated restrictions, and will have access to benefits and
healthcare according to the same rules as U.S. citizens.
Vote.
Only U.S. citizens can vote in federal elections. Many states
also only allow U.S. citizens to vote in state elections. Voting
to elect officials like the President and members of Congress
is an important political right to many U.S. citizens.
Serve on a jury.
Only U.S. citizens can serve on a federal jury, and many
states also only allow U.S. citizens to serve on a jury. Juries
help judges make decisions in court cases.

88

HOW TO BECOME A U.S. CITIZEN
•	

•	

•	
•	

•	

Travel abroad with a U.S. passport.
You will be able to travel abroad without restrictions on how
long you can stay outside the U.S. You will also be able to
get help from the U.S. government when you are abroad if
you need it.
Get U.S. citizenship for children under 18 years of age.
Generally, a child born abroad to a U.S. citizen automatically
becomes a U.S. citizen. Any children you previously had
who were born abroad and were under 18 at the time you
become a citizen may also be eligible to become a U.S.
citizen. See a lawyer for help with either of these situations.
(Children born inside the U.S. are automatically U.S. citizens.)
Apply for more federal jobs.
Some federal jobs require U.S. citizenship.
Become an elected government official.
Only U.S. citizens can run in federal elections for the U.S.
Senate or House of Representatives, and most state and
local governments have similar rules for state and local
government positions. Unfortunately, only those born in the
U.S. can run for President.
Become eligible for more federal grants and scholarships.
Many financial aid grants, including college scholarships,
are available only to U.S. citizens.

Note: Before you decide to apply to naturalize, you should first
determine if you might already be a U.S. citizen. If you were born
in the U.S. or a U.S. territory, or if at least one of your parents is a
U.S. citizen, you may already be a U.S. citizen. If either of these
situations apply to you, see an immigration lawyer immediately to
find out whether you may already be a citizen.

89

CHAPTER 11
Am I Eligible to Become A U.S. Citizen?
You must meet all of the following criteria to apply for naturalization:
•	
•	
•	

•	
•	
•	
•	
•	

Be at least 18 years old, AND
Have been admitted as lawful permanent resident (LPR) for at
least five years (with some exceptions, explained below), AND
Have “continuous residence” (explained below) in the U.S.
for at least five years after receiving your LPR status (green
card), AND
Have been physically present in the U.S. for at least 30 months
of the five-year period before applying for naturalization, AND
Have lived in the state in which you plan to apply for at least
three months before applying, AND
Live in the U.S. continuously from the time of application for
naturalization to the time of admission as a U.S. citizen, AND
Have good moral character (explained below), AND
Can demonstrate knowledge of civics and English, and pledge
allegiance to the Constitution.

Five Years of Lawful Permanent Residence
Typically, naturalization requires five years of status as a green card,
or lawful permanent resident. There are however some exceptions:
•	

•	

Refugees and asylees who adjusted their status and got their
green card (LPR status) after one year may count that one year
as part of the five. In other words, refugees and asylees may
apply to naturalize after having a green card for four years,
instead of five.
If you are applying to naturalize based on your marriage to a
U.S. citizen, you may apply after having your green card for
three years, instead of five.

90

HOW TO BECOME A U.S. CITIZEN
•	

If you have qualifying experience as a U.S. military member,
you may be eligible to apply earlier. See USCIS’s page on
Citizenship for Military Members at www.uscis.gov/military/
citizenship-military-personnel-family-members/citizenshipmilitary-members and ask a lawyer.

Continuous Residence
“Continuous residence” means that you have lived in the U.S., and
maintained the U.S. as your place of residence (and no other country)
on a continuous basis for five years. You can travel and still maintain
continuous residence, but there are important restrictions:
•	

•	

Traveling outside the U.S. and staying outside for a period of
six to twelve months in a row may interrupt this period of
“continuous residence,” meaning you may have to start over.
Traveling outside the U.S. for a continuous period of one year
or longer will most likely interrupt your period of “continuous
residence,” and you will have to start over.

It is highly recommended that if you travel outside the U.S.,
you stay abroad for less than six months; otherwise you could
lose your period of continuous residence and have to start your
five-year waiting period over. There are a few exceptions if you
stayed out between six months and one year, but you should see
a lawyer for help if that is the case.
“Continuous residence” also means you must file and pay your
taxes every year as a lawful permanent resident (LPR). You may not
claim “nonresident alien status” on your tax forms to avoid paying
your taxes, or you will lose your continuous residence.

91

CHAPTER 11

HOW TO BECOME A U.S. CITIZEN

Good Moral Character
To become a U.S. citizen, you must demonstrate that you have “good
moral character.” Generally, this means someone who is honest, pays
their taxes, does not commit crimes, and pays their debts.

File Form N-400, Application for Naturalization
If you are eligible, you must file Form N-400, Application for
Naturalization. Visit USCIS’s page on the N-400 at www.uscis.
gov/n-400. Before you fill out the N-400, you should

If you have committed certain crimes, you will never be able to establish
good moral character, and will never be able to apply for citizenship.
These crimes include murder and any “aggravated felony” of which
you were convicted after November 29, 1990. Other crimes may
temporarily prevent you from proving you have good moral character
and applying for citizenship, but after a period of time, you will be
able to apply. If you have been arrested or convicted of any crimes,
and wish to naturalize, it is important to see a lawyer to help you
determine whether your crimes will permanently or temporarily prevent
you from showing good moral character and naturalizing.

Download the N-400, Application for Naturalization at
www.uscis.gov/sites/default/files/files/form/n-400.pdf.

Some examples of crimes that might prevent you from showing good
moral character include any crime committed with intent to harm
someone, using or selling drugs, being married to more than one
person at a time, failing to pay court-ordered child support or alimony
payments, and lying to gain immigration benefits, among others.

Fill out your N-400 carefully, in blue or black ink. It is highly
recommended that you get a lawyer or BIA accredited representative
to help you. Be sure to put your A-number at the top right-hand
corner of each page. Check your information for accuracy, and sign
it. Before you file, make sure you have all the required documentation!

How Do I Become A U.S. Citizen?
To apply for U.S. citizenship, you must first determine whether you
are eligible according to the above criteria. You also can work
through USCIS’s Naturalization Worksheet, which outlines the rules
above and helps you determine if you are eligible. Google search
“USCIS Naturalization Worksheet” or follow this link:

Note: Your N-400 asks questions about crimes. It is very important
that you answer honestly and report all crimes, even ones you may
have gotten expunged (removed) from your record. If you do not
tell USCIS about these crimes, they will find out, and may deny
your application, even if the crime you failed to report was not a
crime that would have caused your application to be denied!

www.uscis.gov/sites/default/files/USCIS/Resources/Citizenship%20
%26%20Naturalization%20Based%20Resources/A%20Guide%20
to%20Naturalization/PDFs/M-480.pdf

What Do I Include with My Application?
You must submit the following with your application:

92

•	

•	

Read USCIS’s Guide to Naturalization (available at www.
uscis.gov/sites/default/files/files/article/M-476.pdf), or get
your lawyer or someone at a BIA accredited organization
to help you read through and understand it, because the
N-400 application makes many references to this document.
Then, read the N-400 instructions at www.uscis.gov/sites/
default/files/files/form/n-400instr.pdf.

93

CHAPTER 11
•	
•	
•	
•	

Two identical 2x2 passport-style photos taken within 30 days
of filing. Write your name and A-number lightly on the back.
A copy of your green card.
The filing fee ($595) and the fee for your biometrics
(fingerprinting) appointment ($85).
Form N-648, Medical Certification for Disability Exceptions
only if you are seeking a medical or age-related exception
to the English or civics test requirements (see below). You
can find Form N-648 at www.uscis.gov/n-648.

Where Do I Mail My Application?
Where you should mail your application depends on where you
live, so check USCIS’s instructions on where to mail your application
at www.uscis.gov/n-400. Be sure to make copies and ask for a
certified mail receipt!
When Can I File My Application?
You may file your application up to 90 days before you have met
the eligibility requirements above, so generally 90 days before
you’ve had continuous residence as an LPR in the U.S. for five years
(or for a refugee, four years) and met the other specific requirements.
What Must I Do After I File My Application?
There are still several steps you must take after you submit your
application.
Biometrics Appointment
After USCIS receives your application, USCIS will contact you to
let you know when you should go to your local USCIS Application
Support Center (ASC) for your biometrics (fingerprinting)
appointment. USCIS will take your fingerprints and conduct a
criminal background check.

94

HOW TO BECOME A U.S. CITIZEN
Naturalization Interview
USCIS will schedule an interview for you. Be sure to attend this interview
on time, and let USCIS know immediately if you have to reschedule.
You must bring the following to your naturalization interview:
•	
•	
•	
•	

A copy of your green card (LPR card)
A valid state ID (a form of identification, like a driver’s license,
issued by your state)
Your passport and any travel documents
Other relevant documents: Depending on your situation,
you may have other documents you should bring. For
example, if you were arrested or convicted of a crime, you
must bring arrest or court documents. If you had to serve
probation, you should bring proof that you completed your
probation. For more information on other documents you
may want to bring, see USCIS’s Guide to Naturalization at
www.uscis.gov/sites/default/files/files/article/M-476.pdf.

Several things will happen at your naturalization interview.
1.	 Interview: USCIS will ask you questions about what you wrote
on your N-400. You should bring a copy so you can look at it.
2.	 Civics and English Tests: You will take two tests, an English
test and a civics test. You should dedicate a lot of time to
studying before the test. You can access study materials for
both tests at www.uscis.gov/citizenship/learners/study-test.
Many local community groups that help immigrants offer
classes to help you prepare. You can find classes and resources
at www.uscis.gov/citizenship/learners/find-help-yourcommunity. If you fail, you will be able to retake it only once.
If you fail twice, your application will be denied.

95

CHAPTER 11
a. The English test will consist of three parts: a test on
your speaking ability, reading ability, and writing
ability. You can access information on the test, study
materials, and practice tests at www.uscis.gov/
citizenship/learners/study-test/study-materialsenglish-test.
b. The civics test will test your knowledge of American
history and government. There are 100 questions,
and the USCIS officer will pick 10 to ask you. You
must get 6 questions correct to pass. You may find
the questions at www.uscis.gov/sites/default/files/
USCIS/Office%20of%20Citizenship/Citizenship%20
Resource%20Center%20Site/Publications/100q.pdf,
but remember the answers to certain questions about
elected officials may change with elections, so make
sure you have the most up-to-date information. You
can access information on the test, study materials,
and practice tests at www.uscis.gov/citizenship/
learners/study-test/study-materials-civics-test.
Exceptions to the Test Requirements:
You may not have to take the English test if you are over
50 years old and have lived in the U.S. as an LPR for over
20 years, or if you are over 55 years old and have lived in
the U.S. for over 15 years. You may not have to take the
civics test if you have certain physical or mental disabilities.
For more details, see www.uscis.gov/us-citizenship/
c i t i z e n s h i p - t h ro u g h - n a t u r a l i z a t i o n / e x c e p t i o n s accommodations. If you are seeking such an exception, you
must submit a Form N-648, Medical Certification for Disability
Exceptions, along with your N-400, Application for

96

HOW TO BECOME A U.S. CITIZEN
Naturalization. You may find it at www.uscis.gov/n-648.
USCIS will usually provide you with a notice of your results
the same day. However, sometimes USCIS will not be able
to make a decision, and may need to continue your case.
The officer may then require a second interview, or ask for
additional evidence. If USCIS does not need further
information, they will either approve your application if you
provide evidence that establishes your eligibility, or deny
it if your interview, test results, and evidence do not show
you are eligible to naturalize.
What Can I Do If USCIS Denies My Application?
If your application was denied, USCIS will provide a written
explanation with the reasons for denial. If you think USCIS incorrectly
denied your application, you may request a hearing to appeal. You
must file a Form N-336, Request for a Hearing on a Decision in
Naturalization Proceedings, available at www.uscis.gov/n-336. You
must file this appeal, along with the filing fee, within 30 days
of your denial, or the decision will be final.
What Happens After USCIS Approves My Application?
USCIS will mail you a notice to take the Oath of Allegiance, with
the date, time, and location of your oath ceremony. Occasionally,
you may be able to take the Oath of Allegiance the same day your
application is approved after your interview. If you cannot attend
your ceremony, return the notice and explain why you cannot attend,
and request a rescheduled ceremony.
During your ceremony, you will take an Oath of Allegiance to the
U.S. Remember to bring your green card, because you will turn it
in after the ceremony and receive a Certificate of Naturalization,

97

CHAPTER 11

HOW TO BECOME A U.S. CITIZEN

which certifies that you are a naturalized American citizen.
Congratulations!

may do this in person, by mail, at public assistance offices, or when
you apply to renew your driver’s license. Visit the U.S. Election
Assistance Commission online at www.eac.gov.

Important! You must still notify USCIS if you change your address
after you submit your N-400 application and while you are waiting
to complete the process and become a citizen. You must call
Customer Service at 1-800-375-5283 (TTY: 1-800-767-1833), and
fill out an AR-11, Alien’s Change of Address Card, and submit it to
USCIS within 10 days of your move. See Chapter 8, “What You
Must Do When You Change Your Address,” for more details.
How Do I Prove My Status When I Get Citizenship?
You will receive a Form N-550, Certificate of Naturalization, after
you take your Oath of Allegiance to the U.S. This proves your status
as an American citizen. If you lose this certificate, you must submit
Form N-565, Application for Replacement Naturalization/Citizenship
Document, available at www.uscis.gov/n-565.
What Should I Do When I Naturalize?
Update Your Social Security Record
After you naturalize, you must update your Social Security record. It
is important for Social Security to have updated records on your
citizenship. This will make it easier for you to access the benefits and
rights to which you are entitled as a U.S. citizen, including Social
Security and other government benefits. Wait at least 10 days after
your naturalization ceremony, then call Social Security at 1-800-7721213 or visit www.socialsecurity.gov to make an appointment.
Remember to bring your Certificate of Naturalization or U.S. Passport.

Apply for a U.S. Passport If You Wish to Travel Abroad
After you naturalize, you are also eligible to apply for a U.S. passport,
which will allow you to travel abroad as a U.S. citizen and receive
help from U.S. embassies or consulates abroad if you need it. Visit
www.travel.state.gov to download the application forms and find
the passport acceptance facility near you.
Apply for Your LPR Children Under 18
If you have any children who were born abroad, are lawful permanent
residents, and are under 18 on the day you naturalized, they may
have automatically become U.S. citizens as well, and you may want
to apply for proof of their status. You may apply for a U.S. passport
for your child, or apply for a Certificate of Citizenship using Form
N-600, Application for Certificate of Citizenship, available at www.
uscis.gov/n-600k.
Apply to Sponsor Relatives Abroad to Come to the U.S.
You may now also apply to sponsor additional relatives to come to
the U.S. You will be applying for these family members to get green
cards. As a U.S. citizen, you may apply to bring your immediate
relatives. The “immediate relative” category includes your husband
or wife, unmarried children under the age of 21, and parents (as
long as you are over 21). These applications are processed
immediately and there is no waitlist.

Register to Vote
You may now register to vote if you wish to vote in elections. You

You may also apply to bring other family members who fit into a
“family preference category.” This category includes your unmarried
sons or daughters over the age of 21, married children of any age,

98

99

CHAPTER 11
and your brothers and sisters (as long as you are over 21). The
government has a limited amount of visas available for these family
members each year, and they go on a waitlist for family members in
each category. The waitlist can be quite long and it can take years.
For more information on how to bring your family members who
are still abroad to the U.S., please see USCIS’s website on sponsoring
family members, at www.uscis.gov/green-card/green-card-throughfamily, and see an immigration lawyer for help.

CHAPTER 12
Traveling Outside
of the United States

I

t is important that you know the risks of traveling outside
of the U.S. if you are not a U.S. citizen. Most people reading
this guide should not travel outside the U.S. without talking
to your lawyer first, because you will risk losing your status.
Even lawful permanent residents have restrictions on their travel,
which are covered under the LPR supplement.
Important! For anyone planning to “naturalize,” or become a U.S.
citizen, you should not travel outside the U.S. for more than six
months at a time.
Important! If you have committed a crime, you will likely not be
able to re-enter the U.S. if you leave. Even if your crime did not
make you “deportable,” it could make you “inadmissible,” which
means Immigration will not let you enter the U.S.

Refugees and Asylees
Refugees and asylees must use a refugee travel document, which

100

101

CHAPTER 12
is a special document that allows refugees and asylees to travel in
and out of the U.S. It is also referred to as Advanced Parole for
other statuses not covered in this guide.
Important! If you go back to the country you fled, you may lose
your legal protective status. It may be impossible for you to ask for
legal protective status again.
If you are going to travel outside the U.S., talk to a BIA accredited
representative or an immigration lawyer before leaving to make
sure that you will not have any problem returning. Also call the
embassy or consulate in the countries to which you are traveling
to make sure they accept the refugee travel document.
How to Apply for a Refugee Travel Document
You must fill out Form I-131, Application for Travel Document.
You can request the most recent version of form I-131 by calling
USCIS at 1-800-870-3676 or you can get the form online at www.
uscis.gov/i-131. If you can, get help from a BIA accredited
organization or an immigration lawyer when you apply for a refugee
travel document.
Be sure to carefully read all the instructions on the form. Here are
a few things to keep in mind:
•	
•	
•	

Make sure you include copies of all necessary supporting
documents mentioned in the form’s instructions.
The USCIS application has a processing fee. You can get a
money order to pay the fee from the post office.
Keep a photocopy of the completed form for your records.
Send the form via certified mail with a return receipt,
available at the post office.

102

TRAVELING OUTSIDE OF THE UNITED STATES
•	

•	

After filing your I-131, USCIS will write you a letter telling
you to go to your local Application Support Center for a
biometrics appointment. This means they will take your
fingerprints. You will need to take two passport-style pictures.
You will have to pay a fee.
There is no way to tell how long it will take to get a refugee
travel document. Do not buy airplane tickets until you get
your refugee travel document.

Call the USCIS National Customer Service Center at 1-800-3755283 or look online at www.uscis.gov/i-131 to find out where the
form, supporting documents, and processing fee should be sent.
You may be able to submit the application online. Go to www.uscis.
gov/e-filing to find out if you can file your application online
(e-Filing).

Asylum Seekers
Generally, asylum seekers should not travel, especially to countries
where you fear persecution, because USCIS will likely assume you
have abandoned your asylum application, even if you tell them you
have not.
If you need to travel for urgent reasons, you must obtain permission
beforehand. This is called Advance Parole. You must fill out Form
I-131, Application for Travel Document, and check the box
indicating you are applying for an Advance Parole Document that
will allow you to return to the U.S. after brief travel abroad. You
should consult an attorney before doing this, and should really
only do so in urgent situations.

103

CHAPTER 12
Withholding of Removal and CAT
If you have WOR or protection under the CAT and travel outside
of the U.S., you will not be allowed to come back.

CHAPTER 13

Traveling in the United States
You do not need a refugee travel document to travel in the U.S.,
but to travel by plane, train, or bus, you will need a governmentissued picture ID. Be sure to carry a copy of your immigration
documents with you.

Voting, the Selective Service
Requirement, and Joining
the Military

V

oting

You may want to take part in civic and political activities in
the U.S., and may wish to vote. It is very important to understand
that only U.S. citizens can vote in federal elections. Some state
and local governments may allow noncitizens to vote; however this
is rare and you should check first with your local government. If you
vote in a federal election before you have U.S. citizenship, you
could lose your status, and will never be able to become a citizen.

Selective Service
All men living in the U.S. between the ages of 18 and 25 are
required by law to register with the Military Selective Service
System, regardless of immigration status. Men are required to
register within 30 days of turning 18. It is important to register. If you
do not register, you may be denied benefits, loans, or jobs in the
future. It could also make it difficult for you to become a U.S. citizen.

104

105

CHAPTER 13
There is not a draft (requirement to fight in war). There has not
been a draft in the U.S. since the 1970s; military service has been
voluntary (your choice) since then, and is likely to stay that way. The
Selective Service is just a backup. Your record will be kept but you
will not have to fight in war. If the President and the Congress decide
to start a military draft, they will choose who has to fight through a
lottery based on birth dates. However, this is highly unlikely.

VOTING, THE SELECTIVE SERVICE
REQUIREMENT, AND JOINING THE MILITARY
Joining the Military
Only U.S. citizens and certain lawful permanent residents (LPRs/
green card holders) can join the military. For more information, see
www.military.com/join-armed-forces.

If a draft is declared and you are called to serve, you can make a claim
to be classified as a conscientious objector (CO). This means you do
not believe in fighting war for moral or religious reasons. If you were
called to serve, you would have to go before your local Selective
Service board and explain why you do not believe in fighting.
How to Register
If you have a Social Security number, you can go online to register
for Selective Service at https://www.sss.gov/RegVer/wfRegistration.
aspx. Or, you can go to any post office and fill out the Selective
Service form. Bring your Social Security card. If you do not have a
Social Security number, you will have to send a copy of your Social
Security card when you get one. When you send it, also put your
complete name, date of birth, Selective Service registration number,
and current mailing address. You can send it to
Selective Service System
P.O. Box 94636
Palatine, IL 60094-4636
For more information about the Selective Service System go online
to www.sss.gov or call 1-888-655-1825.

106

107

CHAPTER 14
The Right to Work

D

o You Have the Right to Work?
Rules concerning employment for immigrants in the U.S.
are complicated. There are four categories you may fall
under: 1) immigrants who are authorized to work as soon as they
get their status, without restriction, and do not have to apply for
work authorization; 2) immigrants who are authorized to work with
their status without restriction, but must apply for a work permit;
3) immigrants who must apply to USCIS for permission to work,
and may or may not be granted permission; and 4) those who are
unauthorized to work. This section will list all the statuses that fall
under each category, but will only discuss the statuses covered in
this guide below. Details and instructions for others statuses will
be discussed in supplements. Any status not mentioned below is
ineligible to work.
Immigrants holding the following statuses or visas are authorized
to work as soon as they get their status, without restriction, and do
not have to apply with USCIS for a work permit:

109

CHAPTER 14
•	
•	
•	
•	
•	
•	

Lawful permanent residents (LPRs)
Refugees
Asylees
Victims of trafficking (T-visa, or certified as a victim of
trafficking)
U-visa (Immigrant victims of crime visa)
Special Immigrant Visa (SIV)—Iraqi or Afghan translators or
employees of the U.S. military government or U.S.
government contractor in Iraq or Afghanistan

Immigrants with the following statuses or visas are authorized to
work without restriction, but must apply for a work permit before
they begin work:
•	
•	
•	
•	
•	
•	
•	

Parolees (paroled in as refugees) who received work
authorization when paroled
Withholding of removal/deportation
Deferred enforced departure
Temporary Protected Status
Voluntary departure
Family Unity beneficiaries under LIFE Act
U-visa including derivatives (family members); U-2, U-3, U-4,
and U-5

Immigrants in the following statuses or visas must apply to USCIS
for permission to work, and may or may not be granted permission:
•	
•	
•	
•	

Asylum seekers with pending cases
Asylum seekers whose cases have been recommended for
approval but have not yet received a decision
Applicants for adjustment of status
Applicants for suspension of deportation (pre-April 1997)

110

THE RIGHT TO WORK
•	
•	
•	
•	
•	

or cancellation of removal
Humanitarian or public interest parole
Deferred action
Final order of removal but who cannot be removed (including
Deferral under CAT)
Applicant for Temporary Protected Status
Immediate family members of T-visa recipients holding
derivative status (T-2, T-3, T-4, and T-5 holders)

How Do You Show Employers That You Are Eligible to Work?
You must show your employer two documents to work—a photo
document that proves your identity and a document that proves
you have the legal right to work. If you have an EAD (work permit),
you only have to show your EAD. Information on how to apply for
an EAD, by status, is provided in the next chapter. The USCIS Form
I-9, available at: www.uscis.gov/i-9, has a list of what documents
you can show your employer.
If you can, it is best to show your employer that you meet the I-9
requirements without using an immigration document. For example,
use your Social Security card and driver’s license. Otherwise, they
may think your work authorization is limited. If you can satisfy the
I-9 requirements with other documents that are on the list of
acceptable documents on the I-9 form, the employer is not allowed
to require you to show your green card.
Confusion About Employment Authorization
Sometimes employers get confused about your right to work or
the documents you need to show. Sometimes they want to see a
green card or a work permit, even though you have shown them
all the documents they need to see. Some employers use a system
on the Internet called E-Verify to check your right to work in the

111

CHAPTER 14
U.S. They can find E-Verify at www.dhs.gov/e-verify. You can enter
your information on E-Verify at www.uscis.gov/everifyselfcheck to
know what an employer will see if they check online. You can also
go online to www.nilc.org to find a “Know Your Rights About
E-Verify” document, available in English and Spanish.
If you or your potential employer have any questions about what
documents are needed, you can call the Office of Special Counsel
for Immigration-Related Unfair Employment Practices in the
Department of Justice. You or your potential employer can call the
appropriate toll-free number listed below and talk to a government
official who can explain your rights when getting a job.
How to Contact the Office of Special Counsel for ImmigrationRelated Unfair Employment Practices:
•	
•	
•	
•	

You should call the Worker Information Hotline: 1-800-255-7688
The employer should call the Employer Information Hotline:
1-800-255-8155
E-mail address: osccrt@usdoj.gov
Website: www.usdoj.gov/crt/osc

Employment Assistance
Refugees, asylees, Cuban-Haitian entrants, victims of trafficking,
and SIV holders are eligible to receive Matching Grant and state
refugee social services employment assistance. Both are usually
administered by refugee resettlement agencies. For information
on Matching Grant services, see Chapter 18, “How to Get Public
Benefits and Financial Support.”
For information on how to apply for your work permit, see the
next chapter.

112

SECTION 3
Basic Services and Needs
This next portion of this guide talks about the basic services
you may wish to access to have a better life in the U.S. This
section covers topics such as eligibility for and how to get a
work permit, Social Security number, state identification (ID)
card, health care, financial help, housing, and education. Your
status will determine your access to many of these services
and programs, and the rules are very complex.
As always, we recommend you use this as a general guide,
and consult with a lawyer or expert in the field of the service
you seek. It is important to remember that additional services
may be available in certain states and the requirements for
some of these programs change from state-to-state.

CHAPTER 15
How to Get a Work Permit

W

hat is an “EAD”?
An Employment Authorization Document (EAD) is your
work permit. It is not always required to get a job, but
it can help prove you have permission to work. It is also useful
because it has your photo on it, and you can use it as a photo ID.
For information on who has the right to work, and therefore who
has the right to apply for an EAD, please see Chapter 14, “Right
to Work.”
How Do I Apply for an EAD?
All applicants who are eligible for employment authorization must
fill out Form I-765, Application for Employment Authorization. See
the USCIS website’s page on work permits to download the
application, view instructions on filling out the form, and find out
where to send it: www.uscis.gov/i-765. There is a filing fee, but you
do not have to pay for your first EAD (you must pay for replacements)
if you are in one of the following categories: refugee, asylee, asylum
seeker, granted withholding of removal, parolee, VAWA selfpetitioner, U-visa holder, or trafficking victim.

115

CHAPTER 15
Additionally, you must submit the following:
•	
•	
•	

Copy of your I-94 Arrival Departure Record
Copy of a government-issued ID, such as a passport or state
ID card
Two identical 2x2 color photographs of yourself, taken within
30 days of the application, with your name and A-number
written on the back.

Following are special instructions based on your immigration status.

Refugees

HOW TO GET A WORK PERMIT
Asylees
If you are granted asylum you may work right away, and you do
not need to apply for an EAD. However, you may choose to get
an EAD for convenience or identification purposes. If a potential
employer questions your ability to work, you can print a document
from the USCIS website (www.uscis.gov/sites/default/files/USCIS/
Resources/D2en.pdf) that explains that asylees are automatically
authorized to work and do not need an EAD, and show it to your
employer. Or, you may want to fill out the EAD application just to
make things easier. If so, fill out Form I-765, Application for
Employment Authorization, as described above.

As a refugee, your I-94 (the Arrival and Departure Card that you
received when you arrived at the U.S. airport) gives you the right
to work. You do not need to apply for an EAD. USCIS will issue you
an EAD soon after your arrival, and your Resettlement Agency will
deliver it to you. However, you do not need this to apply for or
accept a job. If you do not receive your EAD, ask your Resettlement
Agency for help. If you do not have your EAD yet, and your employer
does not understand that your I-94 gives you permission to work,
or if you otherwise have trouble with your employer understanding
you are authorized to work, see Chapter 14, “Right to Work.”

Once you get your EAD, it may have an expiration date on it. This
means only that the document must be renewed, not that the
authorization to work has expired. Your first EAD is free, but you
must pay for the replacements.

Once you get your EAD, it may have an expiration date on it. This
means only that the document must be renewed, not that the
authorization to work has expired. Your first EAD is free, but you
must pay for the replacements.

The rules about when an asylum seeker becomes eligible for
employment are complicated. As an asylum seeker, you cannot
apply for employment authorization at the same time you apply
for asylum. If no decision has been made about your asylum
application after 150 days, you can apply for work authorization.
USCIS has 30 days to approve or deny the application, so you could
be eligible to receive your work permit 180 days after you applied

You should also apply for a Social Security number and card, which
you must have if you accept employment. See Chapter 16, “How
to Get a Social Security Number.”

116

You should also apply for a Social Security number and card, which
you must have if you accept employment. See Chapter 16, “How
to Get a Social Security Number.”

Asylum Seekers

117

CHAPTER 15

HOW TO GET A WORK PERMIT

for asylum. If you apply before 150 days, your application will be
denied. If you are given a “recommended approval for a grant of
asylum” before the 150 days, you can apply for an EAD immediately.
To apply for a work permit, fill out Form I-765, Application for
Employment Authorization, using the instructions above. Additionally,
you should submit the following documents. If you need help
figuring out which of these documents you have or are able to
submit, seek help from a BIA accredited representative or lawyer.

acquire evidence, work on a case; or rejecting an initial hearing
date that the applicant cannot attend. Unfortunately, EOIR does not
consider these delays to be “resolved” (allowing the clock to restart)
until the next hearing date. So if an asylum seeker is given a hearing
in 14 days and asks for additional time to find a lawyer, or the lawyer
asks for reasonable time to work on the case, the court may not
schedule the next hearing for months or years. The EAD clock does
not run this entire time, so applicants remain ineligible for work permits.

•	

•	
•	
•	

A copy of the USCIS acknowledgement mailer you received
in the mail, or any other evidence your Form I-589 (asylum
application) was filed with USCIS, or
Evidence you filed a Form I-589 with an Immigration Judge, or
Evidence your asylum application remains under
administrative or judicial review, or
Evidence you have “lodged” your asylum claim for EAD
purposes (more below).

The Asylum EAD Clock
USCIS and EOIR use something referred to as the “asylum EAD
clock” to determine when the 180-day period is up and the applicant
is eligible. It starts when the applicant files or lodges a complete
asylum application. It stops running (so days stop being counted
for credit towards eligibility) when an applicant or the applicant’s
lawyer causes any delay. Once the delay has been resolved, the
clock should restart.

Additionally, increasing backlogs in immigration court have led to
asylum seekers being scheduled for initial hearings months and
sometimes years down the line, which means they have not had
the opportunity to file an asylum application to start the EAD clock.
Because of all the problems the asylum clock caused, a recent
settlement in a class action court case determined that USCIS and
EOIR must change some of their rules and practices, to make it
easier for asylum seekers to get work permits. Before the lawsuit,
the clock only started running once an applicant filed a complete
asylum application with an Immigration Judge in a hearing, which
often took months or years due to massive backlogs in immigration
court. The lawsuit created a process called “lodging” that allows
an asylum seeker to submit an asylum application to the immigration
court clerk before their hearing, for purposes of starting the EAD
clock only, so the applicant does not have to wait for a hearing to
start accumulating time on the clock.

Asylum seekers often end up waiting years for a work permit,
because many unexpected and common actions count as “applicantcaused” delay, some of which are necessary to build a case, such
as requests for continuance (asking for more time) to find a lawyer,

How to “Lodge” an Asylum Application
Not everyone may lodge an application. Only asylum seekers who
plan to file an asylum application defensively (who are in removal
proceedings in Immigration Court), but have not yet done so, may
lodge. You may not lodge if you are applying affirmatively through

118

119

CHAPTER 15

HOW TO GET A WORK PERMIT

USCIS (so those who are not in removal proceedings), or if USCIS
referred your case to an Immigration Judge (because you already
have an application on file, so your clock started). Those who are
eligible to lodge may only do so once, and must do so before filing
in Immigration Court. Be sure to lodge your application at the
correct Immigration Court, where your case is pending.

Note: Make sure your application is complete. This means all
questions on the I-589 must be answered, it must be signed, and
must include any supporting evidence as required on the application.
However, you can still submit additional evidence later at your
asylum interview or court hearing if you do not have everything
when you wish to lodge the application.

There are two ways to lodge an asylum application.

Other Important Changes to EAD Eligibility and Remedies from
the Settlement
Some asylum seekers are in “expedited,” or fast, proceedings, in
which judges must complete the case within 180 days. (You might
be in expedited proceedings if you originally applied affirmatively
with USCIS and they referred your case to Immigration Court, or if
you are in removal proceedings and have not requested a continuance.)
In expedited cases, judges previously often gave individual (merits)
hearing dates within 14 days of the initial master calendar hearing,
which was not enough time for asylum seekers to find a lawyer or
prepare a case. Requests for more time to find a lawyer or prepare
caused the clock to stop. Recognizing that 14 days is not enough
time to find a lawyer or prepare a case, the settlement mandated
that judges must give non-detained clients in expedited proceedings
hearings that are at least 45 days after their master calendar, to give
more time to prepare the case, so applicants do not have to ask for
a later date and further delay EAD eligibility. However, applicants in
expedited proceedings must accept this date, or the clock will stop
due to applicant-caused delay.

•	

•	

Applicants can take the complete asylum application to
their Immigration Court’s public window and lodge in person
with the clerk.
Alternatively, applicants can lodge a complete asylum
application by mail or courier. If submitting by mail or courier,
you must include the following:
o A self-addressed, stamped envelope (or comparable
return delivery packaging), AND
o A cover page, or a prominent note at the top of the
first page of the asylum application, stating it is being
submitted for the purpose of lodging.

The court clerk will stamp the application “lodged not filed,” return
the application to the asylum seeker, and will give the asylum seeker
a 180-day Asylum EAD Clock Notice. The clerk sends notification
to DHS that an application was lodged, and the EAD clock starts.
Important! A lodged application is not considered filed! The Immigration
Court does not keep a copy of the application. You must still file a
complete asylum application in Immigration Court during your
hearing. Lodging is only for the purposes of notifying DHS that an
applicant will be filing an application in the future, so the applicant can
start accumulating the 180 days required to be eligible for a work permit.

Another change is that if you lost your case before a judge and appealed
to the BIA, now your “asylum clock” will start up again if the BIA sends
your case back to the judge to make a new decision. Unfortunately,
it still stops when you lose your case, and does not start again until
the appeal is complete at the BIA, and only if the BIA sends it back

120

121

CHAPTER 15

HOW TO GET A WORK PERMIT

to Immigration Court. If this happens, however, you will be credited
for all the days you lost while your appeal was pending.
Additionally, if you miss a hearing (which you should not do unless
you have an emergency!) USCIS will mail you a letter giving you
45 days to give a good reason. (You still must have a good reason,
like an emergency out of your control.)
Finally, judges are now required to let asylum seekers and their
lawyers know the consequences of asking for case delays for various
reasons, and whether it will stop the “asylum clock” and delay the
work permit process.
How to Address These EAD Clock Problems
Most of the settlement only applies to problems experienced after
the date of the settlement, December 3, 2013. If you experienced
delay in your work authorization due to any of the following problems
after that date, you should ask a lawyer if you are eligible to file a
claim under the settlement, which could correct any mistakes and
make you eligible for an EAD if you were incorrectly denied:
•	

•	

•	
•	

If the Immigration Court did not give you a 180-day Asylum
EAD Clock Notice when you filed or lodged your claim, or
if USCIS referred your claim to Immigration Court and did
not give you the Notice;
If the Immigration Court clerk did not stamp your lodged
application “lodged not filed” and return the application
to you, or otherwise prevented you from lodging, or if USCIS
did not use the lodging date to start the clock;
If your EAD clock stopped because you did not accept an
expedited hearing date;
If an applicant in affirmative proceedings missed a USCIS

122

•	

appointment, and USCIS did not mail a Failure to Appear
warning letter and give the applicant 45 days to show
good cause;
If the BIA remanded (sent the case back to an Immigration
Judge) a case on appeal, but the EAD application was
denied because DHS did not credit the time missed.

Other Common Types of Delays
Courts consider many other common issues to be applicant-caused,
which therefore stop the EAD clock. Delays without good cause in
getting fingerprinting, and delays caused if an applicant in affirmative
proceedings cannot find an interpreter to bring to their USCIS
interview (Immigration Court provides interpreters to defensive
applicants) will stop the clock. If USCIS or the court requests more
evidence, the clock will stop from the time of the request to the
next hearing, which could be very far in the future. It will also stop
if the applicant delays proceedings by requesting time to gather
additional evidence. Requests to transfer USCIS interviews to a
different office, even if the applicant moves, will cause delay.
Likewise, requests to transfer a case to a different Immigration
Court can cause delay; however, the clock will not stop if the two
hearing locations share administrative control of the case. The clock
sometimes stops if a defensive asylum seeker “contests the charges
of removability” (argues he does not agree that he is removable),
or applies for another form of relief, such as a T- or U-visa.
How to Address These EAD Clock Problems
Although you should try to avoid unnecessary delays, sometimes delays
are necessary and offer the best chance for success, such as applying
for another form of relief. You cannot address these other common
types of delays through the settlement; however, your lawyer may be
able to argue that the clock should not stop for certain types of delays.

123

CHAPTER 15

HOW TO GET A WORK PERMIT

You and your lawyer may take the following steps if you have
problems or questions about the clock:

immigration legal services provider near you by consulting the
directory in Chapter 27. You may also contact the Legal Action
Center at asylumclock@immcouncil.org, or the Northwest Immigrant
Rights Project at asylumclock@nwirp.org.

If you are in affirmative proceedings (your case is before USCIS)
•	

All questions on the EAD clock should be directed to the
points of contact (POCs) at the Asylum Office with jurisdiction
over the case. They can be found on the USCIS Asylum
Division’s page on Asylum Employment Authorization and
Clock Contacts, at www.uscis.gov/sites/default/files/files/
nativedocuments/EAD_and_KLOK_POCs_4_30_14.pdf.

If you are in removal proceedings and are applying defensively
(your case is in Immigration Court)
•	
•	
•	
•	

Address the issue to the judge in your hearing.
If the judge did not adequately address the issue, raise it
with the court administrator in writing.
If the court administrator did not adequately address the
issue, contact the Assistant Chief Immigration Judge in writing.
If your case is on appeal (during which time the clock will not
run) and you believe more time should have accumulated
before the clock stopped when Immigration Court rejected
your case, contact the EIOR Office of General Counsel in writing.

You may find the contact information for the above offices on EOIR’s
Immigration Court Listing page, at www.justice.gov/eoir/sibpages/
ICadr.htm.
If you think you were unable to get your work permit in the past
because of any of the problems described above, ask a BIA
accredited representative or lawyer for help. You can find an

124

Withholding of Removal (INA and CAT)
If you are granted withholding of removal, you are eligible to work,
but must apply to USCIS for documentation first. File Form I-765,
according to the instructions above. You must also file your judge’s
order. You should apply for a new EAD 90 days before your current
one expires.

Deferral Under CAT
If you were granted deferral of removal under the Convention
Against Torture, you are not guaranteed employment authorization.
You must apply to USCIS, and must have compelling reasons for
needing employment, such as the need to support a spouse or
children in the U.S.
File Form I-765 according to the above instructions, along with the
following information:
•	
•	

Copy of your order of supervision
Request for employment authorization that may be based
on one of the following:
o Existence of husband, wife, or children in the U.S.
who depend on your for support,
o Economic necessity, or
o Estimated time before you can be removed from
the U.S.

125

CHAPTER 15

HOW TO GET A WORK PERMIT

You must explain the above in detail. It is helpful to provide
documents to support your request.

For more information on income taxes go online to www.irs.gov
or call 1-800-829-1040.

What to Do if You Have Applied for an EAD, But Have Not
Heard Anything Yet
If you have been waiting for longer than the expected processing
time of 30 days and you have not recently had any type of notice
or update from ICE, you can call the USCIS National Customer
Service Center at 1-800-375-5283. Have your A-number available.
You can also check your case status online. Go to www.uscis.gov
and click on “Check Your Case Status.”
Income Tax
If you are working, you will need to file an income tax form. Your
employers will send you a form called a W-2 or 1099. This form
shows how much money you have made during the year. Be sure
to update past employers for whom you worked during that year
with your current address so they can send your W-2 or 1099. If
you have questions about filing your income tax forms, ask friends
or family for local organizations that can help you with your taxes.
There are private organizations that help to fill out these forms, but
they charge a large fee. You may be able to find a free tax preparer
by calling the Volunteer Income Tax Assistance Program at 1-800906-9886 or going online to www.irs.gov/Individuals/Free-TaxReturn-Preparation-for-You-by-Volunteers.
It is very important to pay your taxes. If you do not pay the taxes
you owe, it will cause you problems later when you apply for your
green card or U.S. citizenship, or try to sponsor a family member.
You can be sent to jail, have your paycheck taken away or have
property like a car taken from you for not paying.

126

127

CHAPTER 16
How to Get a
Social Security Number

W

hat Is a Social Security Number (SSN), and Why Do
I Need One?
A Social Security number (SSN) is a 9-digit number
the U.S. government assigns to U.S. citizens, lawful permanent
residents, and other lawfully present individuals. It is important
because you need it to access certain benefits and rights you may
be entitled to. For example, if you are authorized to work, you will
need to get a SSN before you can get a job, and you may need it
to access certain government services and benefits. The government
uses it to track your income from working to determine how much
tax you owe, as you must pay tax if you work. Your SSN is unique
to you, and you should be very careful to keep your Social Security
card safe and to not let other people know your SSN, because it
could put you at risk for identity theft. Identity theft occurs when
someone steals your personal information and uses it without your
permission. See Chapter 22, “How to Keep Your Money Safe and
Make It Grow,” for more information and tips to avoid identity theft.
If you are eligible to work in the U.S., you are eligible to get a SSN.

129

CHAPTER 16

HOW TO GET A SOCIAL SECURITY NUMBER

If you are eligible for a SSN, you should apply for and receive a
Social Security card, which contains your SSN. Instructions for
applying are below. You may be eligible for a SSN under other
limited circumstances described below. To read more about SSNs
for non-U.S. citizens, see www.ssa.gov/pubs/EN-05-10096.pdf.

may ask for your SSN. Local branches of social services offices will
use your SSN to see what benefits you qualify for. When you apply
for federal financial aid to study for college, schools will ask for your
SSN. The federal government will also use your SSN to determine
how much to give you in Social Security benefits when you reach full
retirement age or become disabled and no longer have income. For
these reasons, it is best to get one if you are eligible.

There are three kinds of Social Security cards, and your immigration
status and employment eligibility determine the type of card
you receive.
•	

•	

•	

The most common kind shows your name and SSN, allows
you to work without restriction, and is what most U.S. citizens
and those admitted on a permanent basis receive.
The second type, a restricted card, shows your name and
SSN, and says, “VALID FOR WORK ONLY WITH DHS
AUTHORIZATION.” This type is issued to people who are
lawfully admitted on a temporary basis (including those with
the possibility of later adjusting status to LPR).
The third type, which is also restricted and very rare, shows
your name and SSN, and says, “NOT VALID FOR
EMPLOYMENT.” This type of card is issued to noncitizens
who are lawfully admitted to the U.S. and do not have work
authorization, but either have a valid non-work reason for
needing a number, or need a number because of a federal
law requiring a SSN to receive a benefit or service, such as
TANF, Medicaid, or food stamps. (These benefits are covered
more thoroughly in Chapters 18 and 19.)

If you are not authorized to work in the U.S. or otherwise do not
qualify for a SSN, but you need a number for tax reporting or filing
purposes, you can apply for an Individual Taxpayer Identification
Number (ITIN) from the Internal Revenue Service (IRS).
Important! An ITIN does not make you eligible to work or receive
Social Security benefits; it is only used for federal tax reporting
purposes. If you are confused as to whether you might need an
ITIN, see a BIA accredited representative or a lawyer who offers
free or low-cost services.
How Do I Get a SSN?
To obtain a Social Security number, you must visit a Social Security
office in person to complete and sign an application for a Social
Security number. Find your local office at www.socialsecurity.gov/
locator. For more information, you may call 1-800-772-1213. For
the deaf or hearing-impaired, call the TTY number, 1-800-325-0778.

You can still receive many services without a SSN. You do not need
a SSN to get a driver’s license, register for school, get private health
insurance, or apply for school lunch programs or subsidized housing.
However, employers, banks, and departments of motor vehicles

You will have to complete Form SS-5, Application for a Social
Security Card. You may find this form at www.ssa.gov/online/ss-5.
pdf. You must then take the form to an office to submit it. You must
also show original documents or copies certified by the issuing
agency showing 1) U.S. citizenship or immigration status (including
DHS permission to work), 2) age, and 3) identity.

130

131

CHAPTER 16
1.	 You can show several types of documents to prove your
immigration status, like your I-94, your work permit, or your
judge’s decision or court order. For a list of documents you
can use to prove your status, view the Social Security
Administration’s list at www.ssa.gov/pubs/EN-05-10096.
pdf, and see Chapter 7, “Case Status and Proof of Status.”
2.	 To show your age, you may submit your birth certificate,
U.S. hospital record of your birth, passport, or U.S.
Immigration document.
3.	 To prove your identity, you must submit a document that is
current, shows your name, identifying information, and
preferably a photograph. If you don’t have the documents
the Social Security Administration (SSA) requests, they may
ask to see one of the following: employee ID card, school
ID card, health insurance card (not including Medicare), U.S.
military ID card, adoption decree, life insurance policy, or
marriage document in the event of a name change.
After you have submitted your form, ask for a receipt, which is the
proof that you applied.
How Much Does It Cost?
There is no charge for a SSN or card. If anyone tries to charge you,
you can report them by calling 1-800-269-0271.

HOW TO GET A SOCIAL SECURITY NUMBER
If you have already applied for a SSN but your employer needs to
verify your name and SSN immediately, they can use the online
SSN Verification Service at www.ssa.gov/employer/ssnv.htm or call
the Telephone Number Employer Verification service, which is
explained at www.ssa.gov/employer/documents/TNEV.pdf.
How Do I Get an ITIN?
Remember, you only can apply for an ITIN if you are not eligible
for a SSN. To obtain an Individual Taxpayer Identification Number,
visit the IRS in person or call 1-800-TAXFORM (1-800-829-3676) to
complete your application form.
You will fill out a Form W-7, Application for IRS Individual Taxpayer
Identification Number, which you can find at www.irs.gov/pub/
irs-pdf/fw7.pdf. Mail your completed application to:
Internal Revenue Service
Austin Service Center
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342

What If I Do Not Receive My Social Security Card?
You should receive your Social Security card in the mail within 10
days. If you do not, you can either return to your local office to ask,
or call 1-800-772-1213. When you go, take the documents you
originally presented as evidence, or have them available if you call.

You may also apply using the services of an IRS-authorized Acceptance
Agent (listed at www.irs.gov/Individuals/Acceptance-Agent-Program)
or visit an IRS Taxpayer Assistance Center (TAC) instead of mailing your
information to the IRS in Austin. TACs provide in-person help with ITIN
applications on a walk-in or appointment basis, and you can find the
list of centers at www.irs.gov/uac/TAC-Locations-Where-In-PersonDocument-Verification-is-Provided. If you need help, you can call the
IRS at 1-800-829-1040.

132

133

CHAPTER 16
When you submit the W-7, attach a valid federal income tax return if
you have one, unless you qualify for an exception, and include your
original proof of identity or copies certified by issuing agency and foreign
status documents. A full list of acceptable documents is available at
http://www.irs.gov/Individuals/Revised-Application-Standards-for-ITINs.
You should receive a letter from the IRS assigning your ITIN within
six weeks after you applied. If you have not heard from the IRS six
weeks after applying, call the IRS at 1-800-829-1040.
Note that as of January 2013, ITINs expire every five years. If you
require an ITIN and remain ineligible for a SSN, you must reapply
for an ITIN every five years.
Important! The Social Security office will check your immigration
status. If you are not authorized to work and receive a SSN or ITIN for
non-work purposes, but then use it to work, the SSA will report you
to DHS, and you could be arrested, and could possibly be deported.
Am I Eligible for a SSN?
Below you will find details on your eligibility for a SSN according
to your status.

Refugees & Asylees

HOW TO GET A SOCIAL SECURITY NUMBER
Asylum Seekers
You can apply for a SSN, but will receive a restricted Social Security
card, which will state either “VALID FOR WORK ONLY WITH DHS
AUTHORIZATION,” or “NOT VALID FOR WORK,” depending on
whether you are eligible to work. See Chapter 7 for a list of
documents you can use to prove your status.
It can be difficult for asylum seekers to get a SSN, because the
Social Security Administration (SSA) requires two forms of ID, and
often ICE (Immigrations and Customs Enforcement) holds asylum
seekers’ passports while they are in immigration proceedings.
Usually, ICE will not give your passport back until the case is finished.
If ICE has your passport or other ID, sometimes your lawyer can
get ICE to agree to make a photocopy for its records and return
the original to you to take to SSA.

Withholding of Removal (INA and CAT)
Because your status is not considered permanent, you are ineligible
for the most common type of Social Security card. However, if you
are authorized for employment, you will be eligible for the second
type of card, which reads, “VALID FOR WORK ONLY WITH DHS
AUTHORIZATION.”

As a refugee or an asylee, you are eligible immediately to apply
for a SSN. See Chapter 7, “Case Status and Proof of Status,” for a
list of documents you can use to prove your status. Remember that
some I-94s say “employment authorized” and some do not. This
does not mean anything, as all refugees and asylees are immediately
authorized to work, and your I-94 does not need to say that you
are authorized to work.

If for some reason you are not authorized for employment (see
Chapter 14, “Right to Work”), you will only be eligible for the
third kind of Social Security card, which reads, “NOT VALID FOR
WORK.” if you are granted withholding under the INA. You will
not be eligible if you are issued withholding under CAT. This is
because those granted withholding under the INA are considered

134

135

CHAPTER 16
“qualified immigrants” for purposes of benefits eligibility (see
Chapters 18 and 19 on benefits), but those granted withholding
under CAT are not.

Deferral Under CAT
Because your status is not considered permanent, you are ineligible
for the most common type of Social Security card. However, if you
are approved for a work permit, you may qualify for a restricted
Social Security card, which reads, “VALID FOR WORK ONLY WITH
DHS AUTHORIZATION.” It is unlikely that you will be eligible for
many benefits, but in the event that you are, you may be eligible
for the third kind of Social Security card, which reads, “NOT VALID
FOR WORK.”

CHAPTER 17
How to Get a State ID Card

I

D is short for identification. A state ID card is a helpful document.
You can show it to employers, landlords, banks, and other
businesses to prove who you are. The card will show your
photograph and signature. It will show information about you,
including your address, date of birth, sex, eye color, hair color, height,
and weight. Many immigrants find it helpful to get a state ID card,
even though it can be difficult, because unlike your I-94 or other
forms of ID, your state ID card does not mention your citizenship or
how long you have been in the U.S.
How Do I Get An ID?
Not everyone is eligible to get an ID. In most states, you should
be eligible if you are a lawful permanent resident, refugee, asylee,
parolee, SIJS, Cuban-Haitian entrant, SIV holder, or if you have a
T-visa or U-visa. It will cost money to get a state ID. Each state has
different rules about getting an ID card.
Call your local Department of Motor Vehicles (DMV) office to know
what documents you will need to obtain a state ID card. You can

136

137

CHAPTER 17

HOW TO GET A STATE ID CARD

locate the nearest DMV office in the phone book or on the Internet.
The DMV may have a different name in your state. It may be called
the “Motor Vehicle Administration” or the “Division of Motor Vehicles”
or something else. Ask someone to help you find the right office.

People who work at the DMV may not understand that if your status
is indefinite, you should be able to get an ID. Getting an ID can
be difficult even for U.S. citizens. Try to be patient. If they still do
not understand, ask someone at a refugee or immigrant agency to
explain it to them. The refugee or immigrant agency can write a
letter to the DMV.

Depending on your state, you may also be allowed to get a driver’s
license. This will be expensive and will involve taking driving classes
and passing a driving test. You cannot drive in the U.S. unless you
have a driver’s license. If you do drive without a license, you could
be arrested. You also cannot drink alcohol and drive while you
are still under the influence of alcohol, because it is dangerous.
Driving without a license and driving while under the influence
of alcohol can both lead to your deportation. Because it takes a
long time to learn to drive and obtain your license, you may want
to get a state ID first, and worry about driving later.

Tip: Certain refugee agencies can issue certification documents if
you enroll in their program. The certification includes a photo ID
along with a letter verifying that this is a federally recognized ID.
This is different in each state and with each agency. See Chapter
25, “Directory of Resettlement Agencies (RAs),” for help if you are
a refugee or asylee, or Chapter 27, “Directory of Immigration Legal
Services Providers,” if you are in another status.
 

Important! The paperwork to get your driver’s license or other state
ID card is long and confusing. There are many questions that ask
you to “check” (√) or mark boxes that ask confusing questions. One
asks if you would like to vote. Do not check this box. If you do,
you will be registered to vote, which is illegal for noncitizens. If you
register to vote before you are a citizen, you may not be allowed
to become a citizen! It is best to take someone like your lawyer or
a friend who is an American citizen and who is fluent in English to
help you.
What If I Have Problems Getting My State ID Card?
People who work at the DMV may not understand your immigration
status, or what documents are required for your status. They may
tell you that you do not have the right documents. Ask them to write
down which documents you need, why your documents do not meet
the requirements, and their name and office phone number.

138

139

CHAPTER 18
How to Get Public Benefits
and Financial Support

I

ntroduction
You may need money and help to find a job and a place to
live when you first arrive in the U.S. or are released from
immigration detention. You may be eligible for some forms of
government-funded assistance. The types of assistance you are
eligible for depend on your status, as well as other factors, and the
rules are very complicated. They also depend on whether the
benefits come from the federal government or the state government.
This section will explain some of those rules, many of which also
apply to medical care, which is covered in the next chapter. Financial
and medical assistance are referred to as “benefits,” because they
will help you with important financial and medical needs, and most
benefits do not require you to pay the money back.

141

CHAPTER 18

HOW TO GET PUBLIC BENEFITS
AND FINANCIAL SUPPORT

Note: The National Immigration Law Center (NILC) has
expertise in the area of benefits and healthcare for immigrants,
and has published a wealth of detailed information.

All other immigrants are not qualified, and may be ineligible for
most benefits except for emergency medical aid, immunizations
and care for communicable diseases, and certain short-term, in-kind
urgent aid described below under the section on benefits available
to all immigrants.

Please visit http://nilc.org for excellent resources and
information on access and eligibility for various types of
benefits. Please note that NILC does not provide individual
legal representation or advice, but serves as a resource on
access to benefits and healthcare issues.

In 1996, Congress passed several laws that made it more difficult
for immigrants to get benefits. They created two classes of
immigrants: “qualified” and “not qualified” for benefits purposes.
Qualified immigrants include the following statuses:

Limited Access to “Federal Means-Tested Benefits”
Even many qualified immigrants may be excluded from a lot of
benefits. If you came to the U.S. after August 22, 1996, you may
subject to a “5-year bar,” which prevents you from getting certain federal
benefits until you have been in your status for five years. There are five
types of benefits, known as “means-tested benefits,” that impose a five
year or longer waiting period for many “qualified” immigrants:
•	

•	
•	
•	
•	
•	
•	
•	
•	

•	
•	

LPRs (green card holders)
Refugees
Asylees
Withholding of removal (*only under the INA, not under CAT)
Conditional entrants (what refugees were called before 1980)
Persons paroled into the U.S. for at least one year
Cuban and Haitian entrants
Certain battered (abused) immigrants and their children
and/or parents (VAWA self-petitioners – see VAWA
supplement for specifics)
Certain trafficking victims
SIV (Special Immigrant Visas for Iraqis and Afghans) recipients
(this status was included in later legislation)

142

•	
•	
•	
•	

Medicaid (except for emergency Medicaid, which is always
available)
CHIP (Children’s Health Insurance Program)
TANF (Temporary Assistance for Needy Families, but your
state will probably have a different name for it)
SNAP for adults (Supplemental Nutrition Assistance Program,
or food stamps)
SSI (Supplemental Security Income)

However, there are exceptions to that rule. Several groups can
get the above benefits as soon as they arrive (or are granted
any of the following statuses):
•	
•	

Refugees
Asylees

143

CHAPTER 18
•	
•	
•	
•	
•	
•	

Withholding of removal (only under the INA, not under CAT)
Trafficking victims
SIV (Special Immigrant Visas for Iraqis and Afghans)
Cuban-Haitian entrants
Certain Amerasian immigrants
“Qualified” immigrant veterans, active duty military, and
their spouses and children

The major groups of immigrants who are “qualified” but are subject
to the 5-year bar are LPRs, VAWA recipients (battered or abused
immigrant spouses, children, or sometimes parents), and parolees
of more than one year (with some exceptions for specific benefits,
noted in the sections of this chapter).
Note: SSI and SNAP (food stamps) are called “federally-specified”
programs, which means that, even though you must apply through
a state social services agency, the federal government runs these
programs, and uses the same rules in each state across the country.
This means the rules about who is eligible for SSI and SNAP are
the same throughout the U.S.
However, other programs known as “federally-designated”
programs, which include TANF, Medicaid, CHIP, and some other
Title XX Social Services Block Grant services, are administered
differently by each state. This means each state makes its own rules
(within federal guidelines) about who is eligible for these programs,
so the rules may be different in different states. Because of this,
some states provide such benefits to “qualified” immigrants without
a waiting period, and may also provide benefits to “non-qualified”
immigrants as well. This means even if you are “non-qualified,”
or you are “qualified” but subject to the 5-year federal bar, you

144

HOW TO GET PUBLIC BENEFITS
AND FINANCIAL SUPPORT
might be eligible for some benefits in your state immediately.
It also means that for certain programs, even if you are federally
eligible, there is a chance your state could deny them (but the state
cannot deny benefits to those exempt from the 5-year bar like
refugees and asylees.) So it is important to read about each
program, and especially check with your state social services
office or local advocates to learn what benefits might be available
to immigrants in your state or county.

Federal Public Benefits Available to All Qualified
Immigrants
Some other types of benefits, just known as “federal public benefits,”
are available to all “qualified immigrants,” with no restrictions and
no 5-year bar. They count as federal public benefits if they are paid
directly to an individual, household, or family.
These benefits include loans, contracts, grants, and licenses provided
or funded by a U.S. government agency. They also include other
benefits (not listed above in the “federal means-tested” category)
such as retirement, unemployment, health, disability, welfare, postsecondary education, assisted housing, public housing, and food
assistance provided by a U.S. government agency. Ask your state
social services agency for details.

Basic Emergency Benefits Available to All Immigrants,
Regardless of Status
Non-qualified immigrants, including undocumented immigrants,
may be eligible for the following, regardless of status:

145

CHAPTER 18
•	
•	
•	
•	
•	
•	

Emergency Medicaid
Immunizations/treatment of communicable diseases
School breakfasts and lunches
WIC (food assistance program for “Women, Infants, and
Children”)
Short-term noncash emergency disaster assistance
Other in-kind services necessary to protect life/safety (as long
as no income qualifications are required for eligibility), including:
o Child/adult protective services
o Federal programs that address weather emergencies
& homelessness
o Shelters for domestic violence victims, runaway
children, and the homeless
o Soup kitchens
o Community food banks
o Meals-On-Wheels
o Medical, public health, & mental health services
necessary to protect public safety
o Violence and abuse prevention
o Disability/substance abuse services necessary to
protect life/safety
o Programs that safeguard children, workers, and
community residents.

In some states, prenatal care may be available regardless of status,
and a few states or counties offer healthcare to children or to other
groups, regardless of their status. Additionally, if federal funds are
provided to a state as a block grant to a hospital, shelter, or other
services agency, they are not considered federal public benefits,
and should be available to everyone, regardless of status.
Important! For some immigrants, accepting cash welfare (like SSI

146

HOW TO GET PUBLIC BENEFITS
AND FINANCIAL SUPPORT
and TANF) can create problems with USCIS that can prevent you
from staying in the U.S. permanently, if the government is worried
you will become a “public charge,” which means someone
permanently dependent on the government to survive. This does
not apply to refugees, asylees, asylum seekers, trafficking victims
(T-visa holders or applicants), U-visa holders or applicants, SIV
holders, or SIJS. USCIS understands and accepts that certain groups
of vulnerable immigrants who are not being sponsored by a relative
may sometimes need help to rebuild their lives in a new country,
and therefore does not apply the rules on public charges to them.
If you are not in one of these excepted groups, check with a lawyer
or BIA-recognized organization.
Important! As you can see, it is hard for many immigrants, even
those with green cards or other lawful statuses, to get benefits,
and much more difficult if you are waiting for approval (like an
asylum seeker), or if you have no status at all. Remember that once
you become a U.S. citizen, you become eligible for all of the
same benefits as American citizens, and restrictions or wait times
based on immigration status no longer apply. Therefore, it is very
important that you “adjust your status” to gain LPR (green card)
status as soon as you are eligible, because once you are an LPR,
you can apply for citizenship in five years. Once you naturalize, you
will have the same access to benefits as other American citizens.
Note on Where to Apply and Interpretation
You can apply for most of these benefits at the Department of
Social Services (a government agency) in your city or town. All
agencies that are part of social services departments are required
by law to provide you with an interpreter if you request one.

147

CHAPTER 18
PUBLIC BENEFITS PROGRAMS: HELP WITH CASH
AND FOOD
The Matching Grant Program
Important Deadline: If you wish to participate in the Matching
Grant Program, you must do so within 31 days after you become
eligible! This opportunity for valuable help will expire after 31 days.
Who is Eligible for the Matching Grant Program?
Refugees, asylees, Cuban-Haitian entrants, trafficking victims, SIV
holders, and certain Amerasians who can show proof of status are
eligible to receive the Matching Grant if they are able and willing
to work and show a financial need.
You are not eligible if you already receive public cash assistance
such as RCA (Refugee Cash Assistance), SSI (Supplemental Security
Income), or TANF (Temporary Assistance for Needy Families). (TANF
will likely have a different name in your state.)
However, you may be eligible to receive SNAP (Supplemental
Nutrition Assistance Program, or food stamps), CHIP (Children’s
Health Insurance Program), RMA (Refugee Medical Assistance) or
other public or health benefits at the same time. Each of these
programs has its own criteria, so you must check with your state
agency to verify your eligibility.

HOW TO GET PUBLIC BENEFITS
AND FINANCIAL SUPPORT
services. It also offers case management to help you adjust to life
in a new society. Services may include case management, English
classes, job training and recertification, help finding a job, cash
allowance, and other support services that assist in adjusting to
living in the U.S.
The Matching Grant Program helps you to pay rent at least for your
first four months in the program, or until you get a job—whichever
happens first. Once you get your first paycheck, rent, utilities, and
cash assistance ends. However, you may be able to receive the
other Matching Grant services for up to six months from the time
you first become enrolled. The Matching Grant will end if your job
makes you self-sufficient before the six-month period is over. If you
cooperate with the self-sufficiency plan developed with your case
manager, you will get $200 per month for each adult and $40 for
each child per month in your family.
How to Apply for the Matching Grant Program
The Matching Grant Program is run by certain refugee resettlement
agencies and nongovernmental organizations (NGOs). You can find
participating agencies in the Directory of Resettlement Agencies
(RAs) in the back of this guide. You must apply through the agency
that is in your state.

What is the Matching Grant Program?
The Matching Grant Program helps certain groups become selfsufficient (able to support themselves) within six months of being
in the U.S. The program helps you find a job through job placement

Important! You must enroll within 31 days after becoming eligible.
The date of eligibility for Matching Grant services is counted from
the date of arrival into the country for refugees and Amerasians;
the date of the grant of asylum for asylees; the date a Cuban-Haitian
becomes an entrant; the date of the certification of eligibility letter
for victims of severe forms of trafficking; and the date an SIV arrives

148

149

CHAPTER 18
in the U.S. or the date of adjustment of status if applying for SIV
status within the U.S.
Wilson-Fish Program
Wilson-Fish is an alternative to the Matching Grant program that
exists in 13 states. You cannot participate in both Matching Grant
and Wilson-Fish. The rules are the same. ORR currently funds
Wilson-Fish programs that operate throughout twelve states:
Alabama, Alaska, Colorado, Idaho, Kentucky, Louisiana,
Massachusetts, Nevada, North Dakota, South Dakota, Tennessee,
Vermont, plus San Diego County, CA. You must apply within 31
days of arriving in the U.S. or receiving your status.

Refugee Cash Assistance (RCA)
What is Refugee Cash Assistance?
RCA provides short-term financial assistance to childless adults
while they look for a job. If you qualify for this program and receive
benefits, you will not need to pay this money back. If you are
approved for RCA, the process may be different in each state. Some
states send a check each month in the mail. Other states send a
letter giving you an appointment to go to the social services office.
At your appointment, you will get an Electronic Benefits Transfer
(EBT) card and learn how to use the card. The EBT card allows you
to withdraw money from automatic teller machines (ATMs), and to
buy certain food from some supermarkets. Stores that accept the
card often have a sign. If you do not see a sign, ask if the store
accepts the card.

HOW TO GET PUBLIC BENEFITS
AND FINANCIAL SUPPORT
are eligible if you are a refugee, asylee, trafficking victim, SIV holder,
Cuban-Haitian entrant, Amerasian, or conditional entrant. You
become eligible for RCA as soon as you arrive as a refugee or
parolee or when you receive your status.
How Long Can I Use RCA?
You remain eligible for eight months after you enter or receive
status, unless your income increases above the allowable income
for that program, or you fail to cooperate with the self-sufficiency
plan that your case worker makes with you. If, for example, you apply
for RCA two months after you are eligible, you will only get RCA for
six months (the remaining period under the eight-month limit.)
How to Apply for RCA
Go to your local social services office to apply for RCA. Each state’s
social services office offers RCA. The name for this office is different
in each state. You should be able to find where to go by searching
on the Internet for the state you live in and “Refugee Cash
Assistance.” Take these things with you to the social services office:
•	
•	
•	
•	

your I-94, Judge’s Court Order, Asylum Office grant letter,
or CP certification letter (for trafficking victim)
your Social Security card
proof of any income from your employer if employed
proof of your address

Who is Eligible?
Except in rare cases, RCA is only for single adults or childless couples
who do not have any income or who have very low income. You

If you do not yet have a Social Security card, bring proof that you
have applied for it. To prove your address, bring an envelope
addressed to you from a company or the U.S. government. If you
are living with friends, bring a letter from your friends or the landlord
stating that you live at that address. Some state social service offices

150

151

CHAPTER 18
also recommend bringing a letter from a Resettlement Agency
stating your name, address, and need for assistance. They may ask
for other things, but you can begin to apply with these.
The RCA eligibility process will take at least five days and may take
several weeks. The social services office will assign you a caseworker.
It may be the person who takes your application. If you do not get
a letter within 10 days, call your caseworker.
Tip: Make sure to write down your caseworker’s name and phone
number before you leave the office. It is very important to tell your
caseworker immediately if you move or get a job.

Supplemental Security Income (SSI)
What is SSI?
SSI is a U.S. government program that provides monthly stipends
to low-income people who are blind, disabled, or age 65 or older.
If you are not blind, disabled, or 65 or older, you cannot receive SSI.
SSI also is a “federally specified” program, which means it is run
by the federal government (even though you must apply through
a state agency) and the rules about who is eligible are the same in
each state.
Who Is Eligible?
The SSI rules for immigrants are very restrictive. Only some of the
“qualified immigrants” (listed above) are eligible to receive SSI if
they meet one of the following conditions:
•	

Those who were lawfully residing in the U.S. on August 22,
1996 and now have a disability, or

152

HOW TO GET PUBLIC BENEFITS
AND FINANCIAL SUPPORT
•	
•	

Those who were receiving SSI on August 22, 1996, or
LPRs who have credit for “forty qualifying quarters of work”*
in the U.S., and have had LPR status for at least five years.

* (A “qualifying quarter of work” is a three-month period in which enough
income is earned to qualify as a “Social Security quarter.” The Social
Security Administration determines this amount each year. The shortest
amount of time in which one person could earn 40 quarters is 10 years.
The actual amount of time could be less because the hours that an
immigrant’s spouse or minor immigrant’s parents work may count.)
However, refugees, asylees, those granted withholding of
removal under the INA, trafficking victims, SIV holders, CubanHaitians, and Amerasians are immediately eligible for SSI if they
meet other program requirements, but can only use it for the first
seven years after being granted this status. Qualified immigrant
veterans, active duty military members, and military spouses or
children are also immediately eligible, and there is no time limit on
how long they can use SSI.
Note: Even though most LPRs would have to wait 10 years before
becoming eligible for SSI, LPRs become eligible to naturalize
(become a U.S. citizen) after five years of being in LPR status. If
someone naturalizes, s/he will not have to wait, because he or she
will become eligible to apply for SSI as a U.S. citizen.
You cannot receive SSI while participating in the Matching Grant
Program. Generally, if you are eligible for Matching Grant, you
should try to complete that first. Then, if you are still in need after
Matching Grant ends, apply for SSI.

153

CHAPTER 18
How Long Can I Receive SSI?
You can receive SSI for up to seven years after you arrive in the
country as a refugee (or receive your protective status if you are in
another eligible status), unless you qualify for SSI through another
immigrant eligibility pathway outlined above that does not have a
seven-year time limit (such as having received SSI since August 22,
1996). Otherwise, your eligibility ends seven years after you arrive
in the country, unless you become a U.S. citizen.
How Do I Apply for SSI?
To see if you qualify and to set up an appointment to apply, contact
the Social Security Administration at 1-800-772-1213 or go online
to www.ssa.gov. You can find your local Social Security office online
at www.socialsecurity.gov/locator. SSI is a “specified federal program,”
meaning it is a federal program, and eligibility and guidelines are
set by the federal government. Therefore even though you must
apply through a Social Security agency within your state, it is the
same across the country, and eligibility is not determined by states.
You may need the following types of documents:
•	

•	
•	
•	
•	

•	

Social Security number (if you do not have one, you may
receive one if the Social Security Administration decides
you are eligible for SSI or eligible because of your status)
Proof of age (see Chapter 7, “Case Status and Proof of
Status,” for documents you can use)
Proof of citizenship (see Chapter 7 for documents you can use)
Proof of income (paychecks if you work)
Proof of resources (bank statements, deeds or tax statements
if you own property, life or disability insurance policies, titles
or registrations for cars or other vehicles you own)
Proof of living arrangements (lease or rent receipt for your

154

HOW TO GET PUBLIC BENEFITS
AND FINANCIAL SUPPORT
apartment, deed or property tax bill, receipts or information
on other household expenses such as utilities and food)
Note: When you apply for SSI, the social services caseworker or
eligibility worker will give you a form that tells you what else you
must do to receive the benefit, or what other documents you must
submit. If you fail to submit this information within the amount of
time they tell you (usually 10 days), your case could be closed.
This applies to all federal programs administered through state
social services.
Does My State Have Similar Program I May Be Eligible For?
Some states have programs that are similar to SSI, which you may
be eligible for even if you are not eligible for SSI. For a list of these
programs, see the update page for NILC’s Guide to Immigrant
Eligibility for Federal Programs at http://nilc.org/guideupdate.html,
and click on Table 9: State-funded SSI Replacement Programs.
Important! SSI is one of the few federal programs (TANF and public
housing are the others) that are required to report to the U.S.
government applicants who are not lawfully present, which could
lead to your deportation. The circumstances of this reporting are
very narrow; the agency is not required to report if you are only
seeking benefits for your family members (and not yourself.) The
agency will know that you are unlawfully present only if you present
a written document such as a final order of deportation to them.
If you are not sure if you are lawfully present, consult with a lawyer
or BIA accredited representative.

155

CHAPTER 18

HOW TO GET PUBLIC BENEFITS
AND FINANCIAL SUPPORT

The Food Stamp Program (SNAP)
What is the Supplemental Nutrition Assistance Program (SNAP)?
Most people still refer to SNAP as the Food Stamp Program. SNAP
provides vouchers or coupons to low-income people (people who
do not make a lot of money) that can be used to buy food.
Who is Eligible?
“Qualified immigrants” (listed above) may be eligible to receive
food stamps. SNAP is one of the “federal means-tested” programs,
which means that many “qualified immigrant” adults must wait at
least five years to get food stamps. However, refugees, asylees,
those granted withholding of removal under the INA, trafficking
victims, SIV holders, Cuban-Haitians, Amerasians, qualified immigrant
veterans, active duty military members, and military spouses or
children are immediately eligible, provided they meet the other
program requirements. SNAP is also “federally specified,” which
means it is run by the federal government (even though you must
apply through a state agency) and is the same in every state.
If you are an LPR (green card holder) adult, you must have been in
status for five years, OR have 40 qualifying quarters of work.
However, if you are not in one of these categories, you may not
have to wait five years if you meet any of the following conditions:
•	
•	
•	
•	

Under 18 years old, or
Disabled or blind and receiving benefits or assistance for
this, or
Were born before August 22, 1931 and were lawfully residing
in the U.S. on August 22, 1996, or
A member of a Hmong or Laotian tribe that aided the U.S.

•	

military in Vietnam, or
American Indian.

In a crisis, you can get emergency food stamps quickly. This is called
“expedited food stamps.” An example of a crisis is being homeless
and without food. The parents of a U.S. citizen child can also apply
to get SNAP for their U.S. citizen child.
How Long Can I Receive Food Stamps?
There is no special time limit on SNAP benefits specific to immigrants.
How to Apply for SNAP
Each state has its own application, so you will need to contact your
local Food Stamp Office or social service office to request one.
Like SSI, SNAP is a “specified federal program,” meaning it is a
federal program, and eligibility and guidelines are set by the federal
government. Therefore, even though you must apply through a
state agency, it is the same across the country and eligibility is not
determined by states. To find your local Food Stamp Office call
1-800-221-5689 or go online to www.fns.usda.gov/snap/.
Note: When you apply, the social services caseworker or eligibility
worker will give you a form that tells you what else you must do to
receive the benefit, or what other documents you must submit. If
you fail to submit this information within the amount of time they
tell you (usually 10 days), your case could be closed. This applies
to all federal programs administered through state social services.

Special Help for Families
Families with children and pregnant women are eligible for additional

156

157

CHAPTER 18
programs. The rules for these programs are different in each state.

Temporary Assistance for Needy Families (TANF)
What is TANF?
TANF provides cash assistance for low-income families with children
who are in the U.S. It is similar to RCA, but RCA is for single childless
people, and TANF is for adults who have minor children with them.
It has a federal work participation requirement for eligibility.
Important! TANF is the federal term for the program, but because
it is state-run, it will likely have a different name in your state. Check
with the eligibility worker at the state agency or with your refugee
case worker for the correct name. Check the National Immigration
Law Center’s guide for your state’s program and eligibility at http://
nilc.org/guide_tanf.html.
Who Is Eligible for TANF?
“Qualified immigrants” (listed above) are eligible to receive TANF.
TANF is one of the “federal means-tested” programs, which means
many “qualified immigrants” must wait five years to become eligible.
However, refugees, asylees, those granted withholding of removal
under the INA, trafficking victims, SIV holders, Cuban-Haitians,
Amerasians, qualified immigrant veterans, active duty military
members, and military spouses or children are immediately eligible,
provided they meet other program requirements.
Since a child born in the U.S. is automatically a U.S. citizen, immigrant
parents of a U.S. citizen child can also apply to get TANF for their
child, even if they themselves are not eligible.

HOW TO GET PUBLIC BENEFITS
AND FINANCIAL SUPPORT
by the federal government, with required contributions from states.
Within some federal guidelines, each state makes its own rules.
About half the states use their own money to provide TANF to
qualified immigrants or a broader group of lawfully residing
immigrants without a waiting period. (However, a few states do not
provide TANF to some qualified immigrants, even after their first
five years in the U.S.)
It is very important that you check with your state, even if you
do not think you are eligible, because the rules may be different
in your state. Check the National Immigration Law Center’s guide
on TANF eligibility at http://nilc.org/guide_tanf.html to see if you
are eligible for your state’s program.
Are There Requirements I Must Meet to Continue to Receive TANF?
Yes, TANF has a work participation activity requirement. This
program has different rules in each state or local area. Be sure to
find out the rule and what you must do or your benefits will be
stopped due to “non-compliance” (not following the rules).
You may qualify to receive either TANF or RCA (Refugee Cash
Assistance); you may not receive both at the same time. You also
may not receive TANF while participating in Matching Grant.
Generally, if you are eligible for Matching Grant, you should
complete that first, then apply for RCA (if you are single), or
TANF (if you have minor children with you in the U.S.) if you still
need assistance.

TANF is a “federally designated” program, which means it is funded

How Long Can I Use TANF?
The time limits and the treatment of mixed status households in
TANF varies by state. In many states, TANF can last for up to five

158

159

CHAPTER 18

HOW TO GET PUBLIC BENEFITS
AND FINANCIAL SUPPORT

years. Depending on your state, it could be terminated before the
time limit expires if your income goes above the highest allowed
amount, if your children are no longer minors, or if you do not
respond to requests to supply updated information on your income
and assets.
How Do I Apply for TANF?
Contact your local state social services office to learn more. You can
also find out more about the TANF program if you call 1-202-4015139 or go online to www.acf.hhs.gov/programs/ofa/. If you do not
meet the requirements for the program (work participation activities,
etc.) your benefits may be stopped. If you believe your benefits were
stopped wrongly, you have the right to appeal. The appeal process
must be explained to you in a language you understand.
Important! TANF is one of the few federal programs (SSI and public
housing are the others) that are required to report to the U.S.
government applicants who are not lawfully present, which could
lead to your deportation. The circumstances of this reporting are
very narrow; the agency is not required to report if you are only
seeking benefits for your family members (and not yourself.) The
agency will know that you are unlawfully present only if you present
a written document such as a final order of deportation to them.
If you are not sure if you are lawfully present, consult with a lawyer
or BIA accredited representative.

Additional Programs for Families
•	

Women, Infants, and Children (WIC) is a national program
that provides food vouchers or coupons, health care referrals,
and nutrition education for low-income pregnant women,
mothers up to a year after having a child, and children under

160

•	

•	

•	

five years old. You may be eligible for WIC regardless of
your immigration status. Call 1-800-WIC-WINS (1-800-9429467) or go online to www.fns.usda.gov/wic/ to find the
office nearest you.
Early Head Start and Head Start are child care programs
that focus on education, health, and social development.
For more information, contact your local school or the Head
Start Bureau online at www.acf.hhs.gov/programs/ohs or
1-202-205-8572.
Free breakfast and lunch programs are offered by some
schools for their students. These programs may serve
children all year long. Contact your local public school for
more information or ask about this when you enroll your
children in school.
Your state may offer additional programs. Contact your local
social services office or Resettlement Agency.

INFORMATION ON BENEFITS AVAILABLE BY STATUS
Refugees and Aslyees
As a refugee or asylee, you are eligible for the following programs
discussed above:
•	

•	

Matching Grant Program for up to four–six months after
your arrival as a refugee or approval as an asylee (however,
not all resettlement agencies receive Matching Grant funds,
and those that do may have a limited amount of slots)
RCA (Refugee Cash Assistance) for up to eight months after
your arrival or approval

161

CHAPTER 18
•	

•	
•	
•	

SSI (Supplemental Security Income) for up to seven years
after your arrival or approval, or unless you fit within another
immigrant eligibility category
SNAP (Supplemental Nutrition Assistance Program, also
known as food stamps)
TANF (Temporary Assistance for Needy Families)
Other special programs for families listed above

Remember, you may not receive public cash assistance such as
RCA (Refugee Cash Assistance), SSI (Supplemental Security Income),
or TANF (Temporary Assistance for Needy Families) while you
participate in the Matching Grant Program. It is recommended that
you complete the Matching Grant Program first. Then, if you are
not working when Matching Grant ends or if you still need assistance,
apply for SSI (if you are blind, disabled, or over 65), RCA (if you do
not have children), or TANF (if you have a family).
However, you are eligible to receive SNAP (Supplemental Nutrition
Assistance Program, or food stamps), CHIP (Children’s Health
Insurance Program), RMA (Refugee Medical Assistance) or other
public or health benefits at the same time as you participate in
Matching Grant.

Withholding of Removal
You are unfortunately not eligible for the Matching Grant Program
or RCA (Refugee Cash Assistance) unless you were granted
withholding of removal as a Cuban-Haitian entrant. Otherwise, you
may be eligible for the following programs discussed above:
•	

SSI (Supplemental Security Income) for seven years after
your arrival or approval, unless you qualify based on another

162

HOW TO GET PUBLIC BENEFITS
AND FINANCIAL SUPPORT

•	
•	
•	

immigrant eligibility category
SNAP (Supplemental Nutrition Assistance Program)
TANF (Temporary Assistance for Needy Families)
Other special programs for families listed above

Asylum Seekers, and those Granted Deferral of
Removal Under CAT
Unfortunately, there are not many programs you are eligible for
federally. However, if you are pregnant or have an infant or
young child, you may be eligible for WIC. You should always
check with your state, because your state may have programs for
which you are eligible.
Additionally, you are always eligible for the following services,
regardless of status:
•	
•	
•	
•	

School breakfasts and lunches
WIC (food & healthcare program for Women, Infants, and
Children)
Short-term noncash emergency disaster assistance
Other in-kind services necessary to protect life/safety (as long
as no income qualifications are required for eligibility), including:
o Child/adult protective services
o Federal programs that address weather
emergencies & homelessness
o Shelters for domestic violence victims, runaway
children, and the homeless
o Soup kitchens
o Community food banks

163

CHAPTER 18
o Meals-On-Wheels
o Medical, public health, & mental health services
necessary to protect public safety
o Violence and abuse prevention
o Disability/substance abuse services necessary to
protect life/safety
o Programs that protect safety of children, workers,
and community residents

CHAPTER 19
How to Access Health Care

E

mergency Medical Care

If you ever have a life-threatening medical emergency, dial
911 on any phone. Tell your name and the address from which you
are calling and describe the symptoms you are having. If necessary,
an ambulance will take you to a hospital for treatment. Your
immigration status does not matter. It also does not matter whether
you can pay. You have a right to get treatment for emergencies.
Some examples of an emergency are a life-threatening wound or
giving birth.
Everyone, regardless of immigration status (even undocumented
immigrants) may be eligible to receive
•	

•	
•	

164

Federally-funded state medical assistance for emergency
care, which includes emergency Medicaid, emergency room
care, and labor and delivery;
Short-term, non-cash, in-kind disaster relief;
Public health assistance for immunizations and testing and

165

CHAPTER 19
•	

treatment for communicable diseases; and
Assistance from programs that deliver in-kind services to
the community (donations), do not make the donation
dependent on your income or resources, and are necessary
for your protection or safety (like soup kitchens, short-term
shelters, and crisis counseling or intervention).

General Medical Care
Several programs provide financial support to certain immigrants
to visit a doctor and get medicine. You can apply for these programs
through your state social services office. The two main programs
are Refugee Medical Assistance (RMA) and Medicaid.
Additionally, if you are a refugee or asylee, you must receive a
medical examination with a doctor when you are admitted as a
refugee or granted asylee status. This is a good time to ask any
questions about any health concerns you may have, and ask how
to treat medical problems you are experiencing.
Refugee Medical Assistance (RMA)
Refugee Medical Assistance (RMA) helps individuals or childless
couples with low income or no income. RMA covers healthcare
expenses for low-income refugees, asylees, parolees, Cuban-Haitian
entrants, Amerasians, trafficking victims, and SIV holders. You
become eligible for RMA as soon as you arrive as a refugee, parolee,
Cuban-Haitian, or Amerasian; when you are granted asylum; when
get your SIV; or when you are certified as a trafficking victim. You
remain eligible for eight months, unless your income is above the
allowable income for that program or you fail to cooperate with
the self-sufficiency plan that your case worker makes with you.
When these eight months are up, you can then apply for Medicaid.

166

HOW TO ACCESS HEALTH CARE
Medicaid
Medicaid is a program that helps pay for your healthcare costs if
you are low-income (if you do not make a lot of money) and are of
working age.
“Qualified immigrants” (listed in Chapter 18) are eligible to receive
Medicaid. Medicaid is one of the “federal means-tested” programs,
which means many “qualified immigrants” must wait five years to get
Medicaid. However, refugees, asylees, those granted withholding of
removal under the INA, trafficking victims, SIV holders, Cuban-Haitians,
Amerasians, or qualified immigrant veterans, active duty military
members, or military spouses or children are immediately eligible.
Medicaid is a “federally designated” program, which means it is
funded by the federal government, with contributions from the
states. Within federal guidelines, state rules may vary. About half
the states use their own money to provide Medicaid to children
and/or pregnant women who are either qualified immigrants or
lawfully residing in the U.S. without a waiting period. A few states
provide medical assistance to additional groups of immigrants who
are ineligible for federal Medicaid, using their own funds. Therefore,
it is very important that you check with your state, even if you do
not think you are eligible, because the rules may be different in
your state.
You may be eligible to use Medicaid for up to seven years after
you arrive or are approved under your qualifying status, or until
your income exceeds the income ceiling.
How to Apply
You can always see a doctor. However, health care in the U.S. can
be expensive without insurance or a program like RMA. Health care

167

CHAPTER 19

HOW TO ACCESS HEALTH CARE

in the U.S. is managed through large, private insurance companies.
Go to your local social services office to apply for RMA or Medicaid.
The name for this office is different in each state.

Medicare
Medicare is a health insurance program for people who are age 65
or older or who have certain disabilities. If you meet these criteria,
you may qualify for Part A “Premium Free,” which covers the cost
of inpatient care while you are in the hospital. Medicare Part A is
available to some statuses, but the rules are very complex, and
depend on how much U.S. work experience you have, among other
criteria. Ask your state social services provider, case manager, or
lawyer for help.

When you apply for Medicaid or RMA, the form will ask you to
choose a company. If you already know which doctor you want to
see, ask that doctor what insurance she or he accepts, then decide
if that insurance is the one you want to select. You may also want
to find out which health insurance companies will pay for interpreters
when you go to medical appointments. Once you have been
approved for Medicaid or RMA, you will receive a Medicaid card
in the mail. This card is proof that Medicaid or RMA will pay your
medical expenses. You may also need to get a medical card from
your insurance company to show to the doctor or pharmacist when
you need medical care, so they can bill your insurance company.
Doctors who accept Medicaid are required to provide an interpreter
if you need one. It is never good to use a child as an interpreter in
a medical situation. If you have an adult friend who is bilingual in
English and your native language, it would be good for them to
go with you. If you do not have someone to interpret for you, or
if you do not want to talk about your medical issues in front of
someone you know, you should tell the doctor’s office that you will
need an interpreter. The interpretation is usually done over the
phone. If an interpreter is not available and you feel uncomfortable
without an interpreter, ask to reschedule the appointment. Many
doctors are unable to provide interpretation services. You may want
to ask if your doctor or any staff are able to speak your language.
If not, check with community groups or ethnic organizations who
may offer interpretation services.

168

Part B “Buy in” Medicare has qualifying criteria similar to Part A.
However, you are only eligible if you are an LPR (green card holder)
and you have been in this status for at least five years. Part B
Medicare covers doctors’ services and outpatient hospital care.
If you are low-income, your state may help you pay for Part A and/
or Part B. For more information, go online to www.socialsecurity.
gov or call the Social Security Administration at 1-800-772-1213.
You can also make an appointment with your local Social Security
office. Go online to www.socialsecurity.gov/locator. For more
information on Medicare, go online to www.medicare.gov.

CHIP (Children’s Health Insurance Program)
What is CHIP?
CHIP provides free or low-cost health coverage to children up to age
19 whose family income is too high to qualify for Medicaid. Similarly
to TANF, CHIP is administered by each state differently. All states cover
regular check-ups, immunizations, hospital care, dental care, and lab
and x-ray services. Preventive care (like check-ups) is often free, but
other services may cost some money. Some states provide more than
others, and some states provide CHIP through their Medicaid program.

169

CHAPTER 19

HOW TO ACCESS HEALTH CARE

Who Is Eligible for CHIP?
“Qualified immigrants” (listed above) may be eligible to receive
CHIP. CHIP is one of the “federal means-tested” programs, which
means many “qualified immigrants” must wait at least five years
to become eligible. However, refugees, asylees, those granted
withholding of removal under the INA, trafficking victims, SIV
holders, Cuban-Haitians, Amerasians, qualified immigrant veterans,
active duty military members, and military spouses or children are
immediately eligible, provided they meet the other CHIP program
requirements. Parents can apply to get CHIP for their child, even
if they themselves are not in any qualified status.

for many immigrants. Many parts of the law went into effect in January
2014. Among other things, the ACA created new health insurance
“Marketplaces” or “exchanges.” These exchanges provide a new
way for you to find health insurance that fits your health and budgetary
needs. The plans on the exchanges are owned by private insurance
companies, and you can compare the plans side by side. No one
can turn you down for illnesses or medical conditions you have.

CHIP is a “federally designated program,” which means it is funded in
part by the federal government, but given to the states to administer,
so each state makes its own rules, within federal guidelines. Under a
federal option, about half the states use their own money to provide
CHIP to qualified immigrants, as well as a broader group of lawfully
residing children, without a waiting period. Additionally, about 15 states
take advantage of another federal option in the CHIP program to provide
prenatal care regardless of the mother’s immigration status. Therefore,
it is very important that you check with your state, even if you do not
think you are eligible, because the rules may be different in your state.

Individuals who are “lawfully present” are eligible to apply for new
affordable coverage options as of January 1, 2014, and to enroll
in state or federally-run health insurance exchanges. Lawfully present
individuals will also be able to apply for premium tax credits to pay
for plans purchased under the exchanges. Some non-pregnant
adults, including some immigrants, will become eligible for their
state’s Medicaid program.

New Options for Health Insurance from the Marketplace: The
Patient Protection and Affordable Care Act (ACA)
Congress passed a law in 2010 called the Affordable Care Act, also
known as “Obamacare,” that should improve access to healthcare

Those “Lawfully Present” and Eligible for Healthcare Under the
ACA (“Obamacare”):
•	 Refugees
•	 Asylees
•	 Withholding of Removal (under the INA and CAT)
•	 LPRs (lawful permanent residents, or green card holders),
and applicants for adjustment of status to LPR
•	 Asylum Seekers and applicants for Withholding of Removal
and protection under CAT who have employment authorization
and have had their applications pending for 180 days
•	 Conditional entrants (what refugees were called before 1980)
•	 Parolees of at least one year
•	 Cuban and Haitian entrants
•	 Certain battered (abused) immigrants and their children
and/or spouses (VAWA self-petitioners)
•	 Trafficking victims

170

171

How Do I Apply for CHIP?
To learn more about CHIP, you can either call 1-877-KIDS-NOW (1877-543-7669), or visit http://insurekidsnow.gov/state/index.html and
click on your state. Each state may have slightly different requirements.

CHAPTER 19

HOW TO ACCESS HEALTH CARE

SIV (Special Immigrant Visas for Iraqis and Afghans) recipients
Temporary Protected Status (TPS), and TPS applicants who
have employment authorization
Deferred Enforced Departure
Deferred Action (unfortunately not including those granted
Deferred Action for Childhood Arrivals, or DACA)
Special Immigrant Juvenile Status (SIJS) recipients and
applicants
U-visa holders (immigrant victims of crimes)
Final orders of removal released under order of supervision
who have an employment authorization document (EAD)
(this includes Deferral Under CAT)
Applicants for cancellation of removal or suspension of
deportation
Lawful temporary residents
SAW applicants under IRCA
LIFE Act immigrants with employment authorization
Family Unity (spouses and children of noncitizens who
legalized under IRCA)
Registry applicants
Non-Immigrant Status (worker visas, student visas, citizens
of Micronesia, Marshall Islands, and Palau)
Members of federally recognized Indian tribes, American
Indians born in Canada, and residents of Samoa

How to Apply
You will need to fill out a single application for the Marketplace,
and there are many resources available to help you. You can access
the Marketplace at www.healthcare.gov, or by calling 1-800-3182596. You may also send a paper application in the mail to:

Those NOT Lawfully Present
ACA does not include undocumented immigrants or those granted
DACA relief. Noncitizens in these categories will not be able to
participate in the federal or state exchanges, receive tax subsidies,
or enroll in federal nonemergency Medicaid. They will not be
required to purchase health insurance. Of course, they can purchase
full-priced healthcare plans outside the exchanges.

Applicants for health coverage under Medicaid, CHIP, or the health
insurance Marketplace will need to provide information about their
immigration status and Social Security number. Individuals who
are applying for coverage for their family members, but are not
seeking coverage for themselves, do not need to provide this
information about themselves. The information will be used only
to determine eligibility for health coverage, and ICE has clarified

172

173

•	
•	
•	
•	
•	
•	
•	

•	
•	
•	
•	
•	
•	
•	
•	

Health Insurance Marketplace
Department of Health and Human Services
465 Industrial Blvd.
London, KY 40750
It is recommended that you get someone to help you review the
plans available to you, decide which plans fit your needs best, and
apply. You can find out whether your state uses its own Marketplace
or the federal Marketplace, and where to apply in your state at
www.healthcare.gov/what-is-the-marketplace-in-my-state. You can
find help from a Marketplace “Navigator,” or someone whose job
it is to help you understand the Marketplace, by filling in where
you live at https://localhelp.healthcare.gov.
Important! The application for Marketplace insurance now
appears in over 30 languages common to the refugee population
in the U.S. at this website: http://marketplace.cms.gov/applicationsand-forms/individuals-and-families-forms.html.

CHAPTER 19
that any information provided will not be used for immigration
enforcement purposes.

HOW TO ACCESS HEALTH CARE
healthcare.gov/immigration-status-and-the-marketplace/.

Additional Tips
The following documentation may be required for ACA coverage,
depending on your status:
•	
•	
•	
•	
•	
•	
•	
•	
•	
•	
•	
•	
•	
•	
•	
•	
•	

Permanent Resident Card, “Green Card” (I-551) (for LPRs)
Reentry Permit (I-327)
Refugee Travel Document (I-571)
Employment Authorization Card (I-766) (work permit)
Machine Readable Immigrant Visa (with temporary I-551
language)
Temporary I-551 Stamp (on passport or I-94/I-94A)
Arrival/Departure Record (I-94/I-94A)
Arrival/Departure Record in foreign passport (I-94)
Foreign passport
Certificate of Eligibility for Nonimmigrant Student Status (I-20)
Certificate of Eligibility for Exchange Visitor Status (DS2019)
Notice of Action (I-797)
Document indicating membership in a federally recognized
Indian tribe or American Indian born in Canada
Certification from U.S. Department of Health and Human
Services (HHS) Office of Refugee Resettlement (ORR)
Office of Refugee Resettlement (ORR) eligibility letter (if
under 18)
Document indicating withholding of removal
Alien number or 1-94 number

Individuals who do not have these documents may be able to offer
other proof of their status (such as a court order).

If you do not have insurance and you have a medical emergency,
your caseworker can help you. Many hospitals have programs that
allow people to pay only what they can. Each state has a Refugee
Health Coordinator who would know what health programs and
services are available in your local area. You can find your state’s
Refugee Health Coordinator by calling the Office of Refugee
Resettlement at 202-401-9246 or by going online to www.acf.hhs.
gov/programs/orr/resource/orr-funded-programs-key-contacts.
Additionally, the Refugee Health Information Network and the U.S.
Committee for Refugees and Immigrants have a lot of information
about health care, hygiene, and physical and mental health, including
the “Healthy Living Toolkit.” This information about health can be
found in many languages online at www.refugees.org/resources/
for-refugees--immigrants/health/. Additionally, ORR (Office of Refugee
Resettlement) has helpful resources on the Marketplace and health
insurance generally at www.acf.hhs.gov/programs/orr/health.
You can find more information on mental health in Chapter 23,
“How to Get Emotional Support.”
Federally Qualified Health Centers
Federally qualified health centers provide medical care to individuals
regardless of their immigration status. They are more able than
doctors to arrange for interpreters. These health centers often work
on a sliding scale—that means you pay only what you are able.

In order to learn more about the Affordable Care Act, how to sign
up, and what it means for you and your family, please see www.

Go online to www.bphc.hrsa.gov to find a federally qualified health

174

175

CHAPTER 19

HOW TO ACCESS HEALTH CARE

center. Type in your zip code in the “Find a Health Center” box in
the upper righthand corner.

INFORMATION ON HEALTH INSURANCE BY STATUS

Dental Care
Dental care is care for your teeth. Often schools where students
are studying to be dentists will offer affordable or even free dental
work. Look in the phone book or online for listings of area universities
and colleges that have dental schools or free/low cost dental clinics.
Important! Some people think that it is okay to ignore dental
problems or not have regular dental check-ups. However, problems
with your teeth can cause many other dangerous health problems,
including heart disease. Be sure to make regular dental appointments
and see a dentist if you have problems with your teeth!
Getting Prescriptions
Some drug stores and discount stores may have their own “generic”
low-priced form of some prescriptions you need.
How Do I Get My Medical Records from the Detention Facility?
Did you see a doctor while you were in detention? If so, you have
the right to get a copy of your medical records. Call the detention
center and ask how to get a copy. Or ask a resettlement agency to
send a release form to the center. For more information, see Chapter
6, “How to Get Your Personal Property After You Are Released
From Detention.”

Refugees & Asylees
If you are single or have children with you in the U.S., you have
access to Refugee Medical Assistance (RMA), which pays healthcare
expenses for low-income refugees and asylees for up to eight
months after you arrive or are granted asylum. You should apply
for RMA as soon as you arrive or are granted status, as it only covers
you for eight months after you become eligible, not for eight months
after you apply. Once your RMA expires, you may be eligible for
Medicaid, which pays healthcare expenses for low-income people
of working age, depending on income requirements of your state.
However, you cannot use both at the same time. Your children 19
and under are eligible for CHIP (Children’s Health Insurance Program)
if you meet the other program qualifications.
If you have sufficient work history in the U.S. and are a senior or a
person with disabilities, you may also be eligible for Medicare, a
program that helps pay for the medical expenses of people over
the age of 65 and people of any age with disabilities and certain
diseases. You are considered “lawfully present,” and are eligible
for affordable health care options under the Affordable Care Act.
You should visit : www.acf.hhs.gov/programs/orr/health and watch
the informative video on refugees and the Affordable Care Act,
available in six different languages.

Asylum Seekers
You are eligible for fewer programs than refugees and asylees, but
you do have options. You are considered “lawfully present” if you

176

177

CHAPTER 19

HOW TO ACCESS HEALTH CARE

have work authorization, which makes you eligible to apply for
affordable health care options in a federal or state-run exchange
under the Affordable Care Act. If you have sufficient work history
in the U.S., you may be eligible for Medicare Part A if you are over
the age of 65, or are any age and have disabilities or certain diseases.
You are eligible for immunizations and treatment of communicable
diseases. You can always be treated in an emergency, and are
eligible for emergency medical coverage, such as emergency
Medicaid, emergency room services, labor and delivery, and other
services listed at the beginning of this chapter under “Emergency
Medical Care.” In some states, children and pregnant women may
be eligible for Medicaid.

exchange under the Affordable Care Act. If you have sufficient work
history, you may be eligible for Medicare Part A if you have work
authorization and are over the age of 65, or have work authorization
and are any age and have disabilities or certain diseases. You can
always be treated in an emergency, and may be eligible for emergency
medical coverage, such as emergency Medicaid, emergency room
services, labor and delivery, and other services listed at the beginning
of this chapter under “Emergency Medical Care.”

Withholding of Removal Under the INA
You may be eligible for Medicaid. You are considered “lawfully
present,” which makes you eligible to apply for affordable health
care options in a federal or state-run exchange under the Affordable
Care Act. If you have sufficient work history, you may be eligible
for Medicare Part A if you are over the age of 65, or are any age
and have disabilities or certain diseases. You are eligible for
Medicaid, and your children are eligible for CHIP, if you meet the
other program qualifications. You can always be treated in an
emergency, and may be eligible for emergency medical coverage,
such as emergency Medicaid, emergency room services, labor and
delivery, and other services listed at the beginning of this chapter
under “Emergency Medical Care.”

Deferral Under CAT
You are considered “lawfully present” if you are released under
an order of supervision, and have work authorization on that basis,
which makes you eligible to apply for affordable health care
options in a federal or state-run exchange under the Affordable
Care Act. You can always be treated in an emergency, and may
be eligible for emergency medical coverage, such as emergency
Medicaid, emergency room services, labor and delivery, and other
services listed at the beginning of this chapter under “Emergency
Medical Care.”

Withholding of Removal Under CAT
You are considered “lawfully present,” which makes you eligible
to apply for affordable health care options in a federal or state-run

178

179

CHAPTER 20
How to Access Housing

W

hen you first arrive in the U.S., finding a place to live
can be difficult. However, there are many housing
options for individuals of all income levels and
immigration statuses.
Temporary Housing
If you suddenly find yourself without a place to live or at risk of
losing your shelter, most large cities have temporary homeless
shelters. Homeless shelters that receive federal money are required
to let people stay there, regardless of their immigration status.
Every shelter has individual policies on how long you are allowed
to stay. Please visit www.homelessshelterdirectory.org/ for a list of
homeless shelters in your state.
Many people stay with family or friends until they are able to find
a place of their own. If you are far from family and friends, homesharing programs or communal living are possible temporary
housing options. Home-sharing and communal living opportunities
involve paying to live with someone in their home, or paying to

181

CHAPTER 20

HOW TO ACCESS HOUSING

live in a shared space with several others. The National Shared
Housing Resource Center has a directory of home-sharing programs
that can be found online at www.nationalsharedhousing.org. The
Fellowship for Intentional Communities also has a directory of
community living opportunities online at www.fic.ic.org.

the expectations and responsibilities of each person. The lease will
specify the amount of your monthly rent and the date you must pay
it by. It will state the number of people allowed to live in the apartment,
how many days’ notice you must give before moving out, and the
responsibilities of the landlord. Make sure you ask if utilities (gas,
electricity, and water) are included in the rent, or if you must pay for
those separately. Lastly, you may be required to put down a security
deposit. A security deposit is a sum of money that you give the
landlord before moving in. You will receive the money back when
you move out, if the apartment has not been damaged.

Additionally, religious groups, such as churches, temples, and
mosques, sometimes help to find and pay for housing for a short
period of time.
If you or your children are the victim of abuse by your partner
or spouse and you are afraid to stay in your home, you should
call the National Domestic Violence Hotline at 1-800-799-7233
or 1-800-787-3224 or go online to www.thehotline.org. They
can offer you support in 170 languages and refer you to domestic
violence shelters.
Long-term Housing
When you are financially stable, renting an apartment is one possible
housing option. Renting an apartment involves paying a landlord
(or the owner of the building) a monthly fee (rent) for a small living
space. An apartment typically includes a kitchen, living room,
bathroom, and bedroom(s). Look in your local newspaper, or visit
www.craigslist.org to find available apartments in your community.

Public or Assisted Housing
Depending on where you live, rent can be very expensive. If your
annual income is low, you may be eligible for government funded
public or subsidized housing. Public housing programs provide
safe and affordable rental housing for eligible low-income families,
the elderly, and persons with disabilities. The monthly price you
pay is dependent on your financial situation. Most families pay 30%
of their monthly adjusted income. To receive the benefits, all
participants are required to live in housing located in subsidized
housing projects. For more information on specific public housing
programs, or to learn how to apply, please visit http://portal.hud.
gov/hudportal/HUD?src=/topics/rental_assistance/phprog.

Prior to moving in, you will have to sign a lease. A lease is a formal
agreement between the landlord and you (the renter), outlining

Subsidized housing, or the Housing Choice Vouchers Program,
allows very low-income families, the elderly, and persons with
disabilities to choose and lease or purchase safe, decent and
affordable privately-owned rental housing. You are free to live in
any house or apartment that meets the requirements of the program,
and are not limited to those located in subsidized housing projects.
If you qualify for the program, you will be issued a housing voucher.
You are then responsible for finding housing where the landlord,

182

183

Housing in the U.S. can be very expensive. You may want to look
into renting an efficiency or studio (an apartment with one room
for sleeping and living) instead of a one-bedroom. Living with
roommates is also usually cheaper than living alone.

CHAPTER 20

HOW TO ACCESS HOUSING

or owner, agrees to participate in the program. Every month, through
your voucher, the government will pay a portion of your rent. Your
family is responsible for paying the remaining amount. For more
information on specific subsidized housing programs, or to learn
how to apply, please visit http://portal.hud.gov/hudportal/HUD?src=/
program_offices/public_indian_housing/programs/hcv/about.

For more information on Matching Grant, see Chapter 18, “How
to Get Public Benefits and Financial Support.”

All listed programs are available for lawful permanent residents,
refugees, asylees, parolees, conditional entrants, Cuban and
Haitian entrants, certain battered immigrants, certain people
with a T-visa (for trafficking victims) or U-visa (immigrant victims
of crimes), or families with at least one person who has a Social
Security number and is eligible to work in the U.S. Someone at
your local resettlement agency or state social services office can
help you learn more about your options. There is usually a long
wait for subsidized housing—sometimes several years. Priority is
given to families with children.
Important! Public housing is one of the few federal programs (TANF
and SSI are the others) that are required to report to the U.S. government
applicants who are not lawfully present, which could result in your
deportation. The circumstances of this reporting are very narrow; the
agency is not required to report if you are only seeking benefits for
your family members (and not yourself.) The agency will know that
you are unlawfully present only if you present a written document such
as a final order of deportation to them. If you are not sure if you are
lawfully present, consult with a lawyer or BIA accredited representative.
If you are in the Matching Grant Program and need housing, your
caseworker will help you. The Matching Grant Program also helps
to pay rent for the first four months after you are deemed eligible.

184

185

CHAPTER 21
How to Access Education
and Childcare

T

here are many valuable opportunities in the U.S. for you
and your children to pursue an education.

Childcare Options for Young Children
For families where the primary caretaker works full-time, there are
a variety of daytime childcare options for children ages one to four.
If family or friends are not available, you can send your child to
daycare or preschool. At daycare, a trained individual cares for your
child in their home or at a daycare center while the parent is at
work. Preschool is a more formal program, where a certified teacher
offers daily lessons in a classroom setting, to better prepare your
child for school. The cost and availability of both programs varies
greatly. Look online or in the phone book to locate a program in
your area.
Your family might also be eligible for participation in Head Start. If
family or friends are not available to care for your children while you
work, Head Start is a federal program that helps to prepare children
from approximately age three to five for school. Eligibility is based

187

CHAPTER 21

HOW TO ACCESS EDUCATION AND CHILDCARE

on financial need, not immigration status. While eligibility requirements
may vary regionally, generally to qualify your family’s income must
be at or below the federal poverty line, your family must be faced
with homelessness, your family must be receiving TANF or SSI, or
the child must be in foster care. To learn more about Head Start,
please visit http://eclkc.ohs.acf.hhs.gov/hslc/hs/about. To locate a
Head Start program close to you, please visit http://eclkc.ohs.acf.
hhs.gov/hslc/HeadStartOffices or call 1-866-763-6481.

your home state’s Board of Education website or speak with your
caseworker or sponsor. At the time of registration, most schools
require proof of residency (a copy of a phone bill, a water bill, or
a lease agreement is acceptable), and a copy of your child’s birth
certificate, or other proof of your child’s date of birth. The birth
certificate will only be used to confirm your child’s age. A school
cannot require you to share proof of immigration status or a
Social Security number. Additionally, many schools require that
all children have medical examinations and immunizations before
they start school. When you register your child for school, ask what
immunizations are required and whether the local health department
offers them free of charge.

Important! In the U.S., leaving your children at home alone is often
considered neglect, a form of child abuse. If you leave your child
at home alone, the government may take your child away from
you. The laws are different in each state, but you generally should
not leave a child under 12 home alone. You should check with your
state’s child welfare agency to find out the requirements in your
state: www.childwelfare.gov/pubs/reslist/rl_dsp_website.cfm?rs_
ID=16&rate_chno=AZ-0004E.
Most states also issue childcare vouchers, which you can apply for
through your state social services agency as long as you are employed.
Primary and Secondary Education for Children Ages 5 to 18:
In the U.S., every child, regardless of their immigration status, has the
right to a free public education from kindergarten through grade 12.
If you are the parent or guardian of a child under the age of 18, by
law you are required to send them to school. Some states require
school attendance only through age 16. Visit your state’s Board of
Education website for more information. You are also required to make
sure your child goes to school on time and every day unless they are
sick or there is an emergency. If your child will not be at school, you
must call the school to let them know why your child will be absent.
For more information on how to enroll your child in school, visit

188

Children usually start school when they are four or five years old
and graduate when they are 17 or 18 years old. However, some
school districts will allow students to stay in school until they
graduate or turn 21. Visit your state’s Board of Education website
for more information. This schooling includes primary/elementary
school, middle school, and high school. Most children go to public
schools, which are free and open to all. Some parents pay for their
children to go to private school.
Many schools also have after-school programs to help with homework,
and counselors who can talk to children if they are having a hard
time at school. U.S. schools expect parents to be actively involved
in their child’s education. This includes reminding your child to do
his/her homework, contacting the teacher if you have a concern
about your child, and attending parent-teacher conferences.
Many schools offer free or low cost breakfast, lunch, and milk to
eligible students. Eligibility is based on financial need, and is not
determined by immigration status. Students are eligible if they are

189

CHAPTER 21

HOW TO ACCESS EDUCATION AND CHILDCARE

members of a household that receives SNAP or TANF benefits; if
they are categorized as homeless, migrants, or runaways as defined
by law; or if they are enrolled in a Head Start or Even Start program.
Ask for more information when you register your child for school.

to have a high school diploma, or to have passed the General
Educational Development (GED) exam. The GED is a series of five
exams in science, mathematics, social studies, reading, and writing.
As soon as an individual passes, they have a credential equivalent to
a high school diploma. A GED is recognized and honored in all 50
states. The exam must be taken at an official GED Testing Center. For
more information about the exam, or to locate a testing center, please
visit: www.gedtestingservice.com/ged-testing-service.

Any student who lives farther than 1.5 miles (distance varies
depending on the school district) from the nearest public school
is eligible to ride the school bus. The school bus will pick students
up before school and drop them off after school at a designated
stop every day. When you register your child for school, ask if there
is a fee to ride the bus, and if financial assistance is available.
If your child has a documented disability, or if you believe he or
she might have a physical or mental disability, it is important to
notify the school. Schools are required to provide additional,
individualized support to all children with disabilities through age
21. Upon your notifying the school of a disability, they are required
to conduct a free evaluation to determine if your child is eligible
for special education services. If your child does have a disability,
the school is required to work with you and their teachers to develop
an Individualized Educational Program (IEP) specific to their needs.

Higher Education
Higher education is the voluntary (your choice) schooling that
happens after completion of the required elementary, middle, and
high school education. Higher education can take many different
forms, including community college, technical and vocational
college, liberal arts college, or university. For more information on
higher educational opportunities, as well as the enrollment process,
please visit www.collegeboard.org/.

If English is not your child’s first language, the school is required
to conduct a language evaluation to determine if your child is
eligible for English as a Second Language (ESL) classes. ESL classes
provide additional one-on-one or small group English language
instruction. Speak with your school administrators or counselors
about enrolling your child in ESL classes.

There is currently no federal or state law preventing undocumented
immigrants or noncitizens from attending public or private institutions
of higher education. However, individual school policies differ
greatly. Contact the admissions office at a specific school for more
information. Many states have passed legislation allowing in-state
tuition, which is often lower than out-of-state tuition (the price of
school for students from a different state than that of the school)
for undocumented immigrants in public universities. Check with
National Immigration Forum at www.immigrationforum.org or the
National Immigration Law Center at www.nilc.org.

Upon completing and passing grade 12, a student graduates from
high school, and receives a high school diploma. A high school diploma
is an important achievement. Many jobs in the U.S. require applicants

Higher education can be very expensive. Scholarships can help to
offset the cost. A scholarship is money given by national and community
organizations, religious groups, the government, or the school itself

190

191

CHAPTER 21
to help pay for educational costs. Some private scholarships may
require recipients to be U.S. citizens or legal residents.
You are eligible for student financial aid from the U.S. Department of
Education if you are a permanent resident, U.S. national, refugee,
asylee, Cuban-Haitian entrant, conditional entrant, parolee, battered
immigrant (VAWA), trafficking victim, or SIV holder. Financial aid
includes work study programs, the Pell grant, and certain government
loans such as Stafford and Perkins loans. Citizens of the Federated
States of Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau are eligible for Federal Pell Grants, Federal
Supplemental Educational Opportunity Grants, and Federal Work
Study. To learn more visit www.studentaid.ed.gov or www.fafsa.ed.gov.
For more information about educational opportunities, you can
call one of these numbers:
•	
•	
•	

Federal Student Aid Information Center: 1-800-433-3243
U.S. Department of Education: 1-800-USA-LEARN
(1-800-872-5327)
Your local resettlement agency (see Chapter 25, “Directory
of Resettlement Agencies [RAs]”)

Adult Education
Many local community colleges, churches, non-profits, and
community centers offer free and/or reduced cost adult or community
education classes. These classes are open to anyone, and are a
great way to meet members of your community and to learn a new
skill. Possible courses often include English language instruction,
foreign language classes, fitness and nutrition, computer literacy,
art classes, cooking classes, and home repair. Look online or in the
phone book to locate programs offered in your area.

192

SECTION 4
Integration, Interpersonal
Connections, and
Community Support

CHAPTER 22
How to Keep Your Money Safe
and Make it Grow

B

anking in the United States

In the U.S., many people use banks to help them with their
money. There are many reasons to use a bank. Your money will be
safe from being stolen or lost. Using a bank costs less than using a
check cashing store. If you have a bank account and you work, having
your employer directly deposit your paycheck into your bank account
is free and safer than receiving paper checks. If you put money in a
Savings Account, you can earn interest (extra money) for your future.
You may want to open both a checking and a savings account.
Checking Accounts
A checking account is what most Americans have for daily use. It
is called a checking account because when you write a check, the
money will come out of this account. You also can deposit checks
from your job or from other people into this account. Check cashing
stores often charge a fee, but if you have a bank account, you will
be able to cash your checks free of charge there. (To “cash a check”
means to take a check to a bank or check cashing store and exchange

195

CHAPTER 22
the check for money, which comes out of the bank account of the
person giving you the check.) When you open an account, you will
be given a supply of checks, which are paper forms that tell the
bank to pay money from the check writer’s account.
You will also be given an ATM card (also called a “debit card”) for
bank transactions. It is a small plastic card that you can use to pay
for things, and the money will come directly out of your account.
You can withdraw spending money by using this card at an automated
teller machine (ATM) or going to the bank. The bank will ask you
to create a personal identification number (PIN) to use when taking
money out or paying for something. It is your secret password that
you should not give to anyone, because they could use it to take
money from your account.
If you write a check, withdraw money, or pay for things with your
ATM card, you must make sure you have enough money in your
account—otherwise, you will have to pay a penalty.
When you get a job, you will begin receiving paychecks. You have
several choices related to your pay:
•	
•	
•	

Get cash for your check at a check-cashing store. There may
be a large fee for this.
Receive a paper check and deposit it into your bank account.
Ask your employer for “direct deposit.”

Direct deposit is the safest, fastest, and most convenient way to
get paid. You give your employer your bank account information,
and your employer then electronically transfers each paycheck into
your bank account, instead of giving you a paper check to cash or
deposit yourself. If you do not arrange for direct deposit and instead

196

HOW TO KEEP YOUR MONEY SAFE
AND MAKE IT GROW
take your checks to the bank yourself, you will often experience a
delay of a few days before the money is available. If you arrange
for direct deposit, your money is immediately available when your
employer completes the transfer.
Tip: If you get a job, ask your employer for direct deposit. Your
employer will not have the power to take money out of your bank
account; they will only have the power to put money into your account.
Savings Accounts
Most Americans also have savings accounts. You can put money into
and take money out of most savings accounts in the same way as you
do with checking accounts. But while your checking account is generally
for making purchases, paying bills, and writing checks, your savings
account is a place for you to put money away for the future. While the
money stays in the savings account, it gathers interest.
Interest is a percentage of money the bank pays, based on how
much money you have in your account on average each month.
The more money you have in your savings account, the more money
it will gather in interest. Many savings accounts have a 0.05% interest
rate. So if you have an average of $100 in your savings account,
you will gather 5 cents per month in interest. If you have $1,000,
it will gather 50 cents. If you have $10,000, it will gather $5, etc.
Many Americans put a certain percentage of each paycheck into
a savings account and leave it there to gather interest for years,
only taking it out for emergencies, large events such as weddings,
or when they are old and stop working. The longer you leave money
in your account, the more it will accumulate.

197

CHAPTER 22
Tip: Ask your resettlement agency for classes or tips on how to
manage your money, including how much money to budget for
each month and how much to put into savings.
Individual Development Account
You may be able to start saving before you think it is possible. In
some areas of the country, the Office of Refugee Resettlement
offers the Individual Development Account (IDA) program for
asylees, refugees, and trafficking victims. The program is often
jointly run by a resettlement agency and a bank. An IDA can help
you save money. If you are low-income and have little savings, you
may be eligible for IDA. If you have IDA, the government may
match the money you save. If you save $1, the government will
give you $1. If you save $100, the government will give you $100.
The government will match your savings up to $2000 per person
or $4000 per household. The money you save must be for education,
a house, or other important items such as a car. The government
match money is not available to you until you have saved the full
amount that you chose as your goal when you entered the program.
Note that if you do not meet your goal, the government will not
match the funds.
People with IDA also receive basic training on how to save, build
credit, and understand the U.S. financial system. Your local resettlement
agencies and social services office can help you learn more about
this money saving option. You can also learn more about it online
at www.acf.hhs.gov/programs/orr/programs/ida/about.
Opening a Bank Account
You can open a bank account by yourself, or open a joint account
with your spouse or another person. Visit several banks in your area

198

HOW TO KEEP YOUR MONEY SAFE
AND MAKE IT GROW
to see which has the best services to fit your needs. Some
resettlement agencies have classes to help you learn how to manage
your money. They can give you advice about getting bank accounts.
Each bank has a policy on what documents you need to get a new
account. Usually you will need an identification card with your photo
on it, a Social Security card (if you have one), and proof of your
address, such as a utility bill or a pay stub. Ask the bank what
documents they require, and then see Chapter 7 for tips on what
documents you can use to show your status.
Electronic Banking
Electronic banking, or electronic funds transfer (EFT), is a way to pay
for things or move money electronically. It can be confusing, because
you do not see the money. Immigrants often pay very high fees for
wire services to send money back to their families in their home
countries. Banks often offer wire services to their customers at a
much lower rate than regular wire services. If you plan to send money
to family members in your home country, ask about wire service fees.
Credit Cards
Credit is a system that allows one person to borrow money from
another person or financial institution. Credit cards are a convenient
way to purchase items you want. Credit cards can be very helpful
if you must make a large purchase, but do not have the money
immediately available to pay for it. Instead, you pay a portion of
the price each month, plus interest, until you pay off the debt.
For example, if you need to purchase a piece of furniture that costs
$1,000, you may not have enough money for groceries and other

199

CHAPTER 22
expenses that month if you pay the entire $1,000 at once. Instead,
if you pay for your furniture with a credit card, the credit card
company will pay the furniture company, and will then send you a
monthly bill for a part of the cost, say $75 per month. You will
continue to pay each month until you pay it off the entire $1,000.
However, just as savings accounts gather interest, so do credit card
balances, or the amount left to pay. This means that each month,
the credit card company charges you a percentage of the total
balance. The longer you take to pay off your balance, the more
money you must spend. If you pay off your balance immediately,
you do not have to pay interest. Therefore, it is wise to only use
your credit card to pay for items you can pay off immediately unless
it is absolutely necessary to carry a balance, and then pay that off
as soon as you can.
Using credit cards responsibly can help you gain a good credit
rating. Good credit will help when you want to pay for higher
education or buy an expensive items such as a house. To get good
credit, it is very important to pay back the money on time. If you
apply to a bank or financial institution for a credit card, that company
will check to find out if you have been paying your bills on time. If
you have not been doing so, they have the right to deny you a
credit card.
You may want to talk to a friend or someone at your local resettlement
agency before you get a credit card. Credit cards can be helpful,
but it is important that you understand the risks of getting a credit
card. You may want to start with a credit card that has a low annual
fee and low borrowing limit. If you have a $1,000 limit on your
credit card, it will be easier for you to practice controlling your debt
and pay it back in a reasonable amount of time.

200

HOW TO KEEP YOUR MONEY SAFE
AND MAKE IT GROW
Budget
Many Americans make a budget, which is a plan for how much
money you can spend in a given period of time, usually a month.
It is based on your income (how much money you make from your
job, cash assistance programs, or any other form of payment to
you) and your needs.
Most Americans have these major living costs:
•	
•	

•	

•	
•	

Rent or mortgage (monthly payment on your apartment or
house): This will probably be your largest expense each month.
Childcare: In many American families, both parents work.
Because many Americans do not live near their relatives,
they need to hire someone to watch the children while they
are at work. Do not leave young children at home alone!
This is considered unsafe in America, and the government
could take your children away. Childcare can be expensive.
Ask your resettlement agency for tips on where to find
affordable childcare, and see Chapter 21, “How to Access
Education and Childcare.”
Transportation: Owning a car is very expensive. It will be
cheaper to take buses, metros, or other public transportation
if it is available where you live.
Telephone: Most Americans have mobile (cell) phones, and
many also have a landline (a phone in your home).
Food: Food can be expensive, but you can keep costs down
by cooking food like rice, beans, and vegetables at home.
See Chapter 18 for programs you may be eligible for, such
as SNAP (food stamps), or other financial benefits that may

201

CHAPTER 22

•	

give you access to more affordable food.
o Tip: There is a lot of “fast food,” such as McDonald’s
and Burger King, available in the U.S. It is cheap and
fast, and many people eat it often for those reasons.
However, it is very unhealthy, and may cost you a lot
more money in the long run because it can cause many
serious health problems that will require a lot of
expensive medical treatment. Cooking healthy food
at home, avoiding sodas and other processed foods,
and drinking a lot of water is cheaper and healthier.
Ask your resettlement agency, community organization,
or lawyer for resources on healthy eating and living.
Utilities: Utilities are services such as electricity, oil, water,
and trash collection that you need to live in your apartment
or house. Some utilities might be included in your rent,
most commonly water and trash collection. In most places,
you must pay your own electricity and gas bills (for your
stove and heat). Be careful, as your bills can become very
high during the summer or winter months if you use more
air conditioning or heat.

HOW TO KEEP YOUR MONEY SAFE
AND MAKE IT GROW

•	

•	

•	

TIPS:
•	

•	

•	

Be sure to pay all your bills on time. If you do not, it could
be more difficult to reach your future financial goals—goals
such as buying a house or car.
It is very important for refugees to pay what is due on travel
loans every month on time. Not repaying loans on time will
also ruin your credit.
Some Americans find it easier to pay all their bills online,
instead of sending in checks by mail every month. You can
set up a payment schedule each month, and you don’t have

202

•	

to worry about mail getting lost or delayed. Ask your
resettlement agency, community organization, or bank how
to do this if you find it confusing.
It is not safe to carry around a lot of money with you, or
even to have a lot of money in your house, because it could
be stolen or lost. It is best to keep most of your money in
your bank accounts.
Write down the numbers for all of your bank accounts, debit
cards, ATM cards, and credit cards. Write down the phone
numbers for each of these companies. Keep this information
in a safe place, and do not share it with others. If your
wallet, cards, or checkbook ever get lost or stolen, call the
companies and have them cancel your accounts. This means
no one will be able to use your cards illegally and take
money from your accounts, and the bank or credit card
companies will send you new cards. This is an important
step to take to keep your money safe.
Keep important documents from your home country, such
as your passport, birth certificate, marriage certificate, and
any documents or diplomas that show your education in a
safe place, along with important personal or confidential
documents from the U.S. such as your Social Security card.
If you need to send any personal documents or checks in the
mail, make sure you put them in a U.S. Postal Service blue
collection box, give it to a mail carrier, or take it to a post office.

Avoiding Fraud and Scams
Websites
While many people in the U.S. will want to help you in your journey,

203

CHAPTER 22
some people will try to take advantage of you because you may
be unfamiliar with the way things work in the U.S., and you may
not yet speak or understand English as well as you will one day.
Some dishonest people have created websites that look like
government websites, or bank websites, to confuse you and take
advantage of you. Until you are familiar with government websites,
make sure you ask your resettlement agency, BIA accredited
representative, or lawyer before using a website. Do not enter any
of your personal information, such as your Social Security number
or bank accounts, into unfamiliar websites.

HOW TO KEEP YOUR MONEY SAFE
AND MAKE IT GROW
bank account information, PIN, or Social Security number—this is
a scammer trying to take your money. Some people also pretend
to be a bank, credit card company, or government agency, and call
you on the phone, claiming to need your personal information, or
claiming you owe the government money. This is a scam. Never
give your Social Security number, PIN, bank account, or other
important information over the phone, and do not send money to
people you do not know.
Tips to Avoid Scams

Legal Services
Some people who say they are qualified to offer legal services are
not. Some consultants, travel agencies, real estate offices, and
people called “notaries public” offer immigration services. Be sure
to ask questions about their qualifications and ask to see copies of
their BIA accreditation letter or law certificate.
These people are dangerous because they often say they can file
your asylum or other legal claim, take a lot of money from you, and
then do not file your paperwork. This can cause major problems
with your case, and in extreme circumstances, can cause you to
lose your case. You can go online to www.uscis.gov/avoid-scams
for tips on how to avoid seeking help from people who are not
experts. You can also check www.justice.gov/eoir/discipline.htm
for a list of lawyers who have been disciplined by EOIR for bad
practice of immigration law.

•	
•	

•	
•	
•	
•	
•	

Keep your PIN secret.
When creating your PIN, do not use numbers that are easy
for other people to guess, such as “12345,” your date of
birth, or your address.
Never write your PIN on your ATM or debit card.
If your debit or credit card has been lost, contact your bank
immediately.
Make sure you get a receipt for your purchases.
Never sign a blank form or application. Make sure you
understand what you are signing.
For more information on common scams, please visit www.
uscis.gov/uscis-tags/unassigned/avoid-scams.

Emails and Phone Calls
Sometimes, dishonest people will send emails from fake email
accounts that may look like they are from your bank, but are not.
Never respond to an email that says it is from a bank needing your

Identity Theft
Identity theft is what happens when someone steals your personal
information, such as your Social Security or bank account number.
They can use it to pretend to be you, and take money from your
bank account, get a credit card in your name, or take other benefits
that belong to you. This can cause problems for many years, and
is a very serious crime.

204

205

CHAPTER 22
Protect yourself from identity theft by taking the following steps:
•	

•	
•	

•	

Make sure you know and trust the people or businesses you
give your personal information to, especially on the phone
or Internet.
Keep your Social Security card and other confidential,
personal documents at home in a safe place.
Carry only the bank or credit cards, checks, and documents
you need with you at the time. Leave the rest at home in a
safe place.
Shred any documents that have your credit card numbers,
bank account, or Social Security number on them before
throwing them in the trash. Be sure to inspect your mail for
these numbers before you throw it away—bank statements
and loan statements often have this information.

For tips on avoiding identity theft, please go to the Federal Trade
Commission’s website at www.consumer.ftc.gov/features/feature0014-identity-theft.

CHAPTER 23
How to Get Emotional Support

I

ntroduction
It is not easy to adjust to a new culture. Especially when you
are not with your whole family, learning to live in the U.S. can
be very difficult. Be patient with yourself and those people around
you. Do you have trouble sleeping? Have you lost your appetite?
Are you having trouble concentrating? Can you not stop thinking
about painful memories? These are normal reactions to stressful
events. But if these reactions get too strong or affect your ability
to do anything else, they can make it more difficult to adjust to
living in the U.S.
Mental and Emotional Health
Mental health includes many factors, including how we think, feel,
and act. Mental health also impacts how we handle stress, relate
to others, and make choices. Mental health is important to every
person, from children to older generations.
As a newcomer, you may feel helpless and frustrated living in a
country you do not understand. It is common for anyone living in

206

207

CHAPTER 23

HOW TO GET EMOTIONAL SUPPORT

a new place to have these feelings. It is common to feel frustrated
because doing simple things like shopping or taking public
transportation feels very difficult. You may feel tired during the day
or unable to sleep at night. You may also just feel sad without
knowing why. Many newcomers do not feel like eating and
experience some memory loss.

Many people who have lived through similar situations find it helpful
to talk about their memories. You may find it helpful to talk with
others who have gone through experiences similar to yours or with
people who have learned how to live in the U.S. You can find
support groups or mental and emotional service providers such as
counselors by calling the agencies listed in Chapter 25, “Directory
of Resettlement Agencies (RAs),” and Chapter 26, “Directory of
Torture Treatment Providers.”

You may also experience some physical symptoms as a result of
these emotions. If you have a headache or stomachache that does
not go away, it may be related to your emotional health. While
many of these symptoms are common to newcomers, they can also
be the result of trauma from past experiences. It is important to
your overall health and well-being to seek support if you are having
a difficult time coping with these feelings.
Importance of Mental Health in the U.S.
Americans believe that mental health is as important as physical
health, and that good health care includes treatment by a doctor
when it is needed. It is important to pay special attention to your
mental health, especially if you experienced difficult events in the
past. Adjusting to life in the U.S. can be very stressful.
Seeking emotional support is common in the U.S. and openly accepted.
Many people find it helpful to talk to a counselor or support group.
The first time you can listen or just talk a little. You can share more as
you feel comfortable. In the U.S. we recognize that, depending on
what is happening in our life, we all may need support at some time.

State Health Coordinator (For Refugees)
Each state has a Refugee Health Coordinator who should know
what health programs and services are available in your local area.
You can find your state’s Refugee Health Coordinator by calling the
Office of Refugee Resettlement at 1-202-401-9246 or by going
online to http://www.acf.hhs.gov/programs/orr/resource/orr-fundedprograms-key-contacts.
Refugee Medical Assistance (RMA)
Mental health services may be available to you through Refugee
Medical Assistance (RMA). See Chapter 19, “How to Access
Healthcare,” to see if you are eligible for RMA. If you want to speak
with a trained specialist or counselor, RMA usually covers the cost
of counseling or other mental health services for the first eight
months after you are admitted as a refugee or are granted an
eligible status.

How to Get Support
If you ever feel that life is too hard and you cannot deal with everyday
activities, you should seek help. There are many organizations that
can help you find services, and will keep your information confidential.

The Substance Abuse and Mental Health Service Administration
(SAMHSA)
SAMHSA is a public health agency of the U.S. government. SAMHSA
helps to connect people with mental and emotional care. SAMHSA
also helps people who have mental illness or who are recovering
from using drugs or too much alcohol and tobacco. The SAMHSA

208

209

CHAPTER 23

HOW TO GET EMOTIONAL SUPPORT

website has a mental health facility locator that has the contact
information for counseling services and other mental health services.
You can find the locator online at http://store.samhsa.gov/mhlocator
or you can call 1-877-726-4727 (1-877-SAMHSA7).
Calling “211”
You can call 211 on your phone in many states to get help finding
the services you need. This service can connect you to many
resources, including mental health services.
Emergency Suicide Prevention
Sometimes, people become so depressed they can feel like there
is no way out, and they feel they want to end their life. If you, or
someone you know, ever feels like this, seek help immediately.
The following National Suicide Prevention Hotline numbers are
operated by the Substance Abuse and Mental Health Services
Administration of the Department of Health and Human Services:

•	

to different places and not knowing your future. Stress
becomes dangerous when it interferes with your ability to
live a normal life over an extended period. You may feel
tired, unable to concentrate, or irritable. Stress can also
damage your physical health.
Trauma: An emotional response to a terrible event such as
an accident, physical attack, incident of torture, death of a
loved one, or natural disaster. Immediately after the event,
many people are in shock or cannot accept that the event
happened. You might have reactions that last weeks, months,
or even years. These reactions might include unpredictable
emotions, difficulty concentrating and relating to other
people, or physical symptoms such as headaches or
stomachaches. It is normal to have these reactions. It is
helpful to see a psychologist or therapist, who can help you
find ways to deal with this trauma so it does not prevent
you from living a normal life.

1-800-SUICIDE (1-800-784-2433)
1-888-SUICIDE (1-888-784-2433)
1-877-SUICIDA (1-877-784-2432) (Spanish)
Helpful Terms to Know
•	
•	

Mental health: How you feel, think, and behave as you deal
with life. It also refers to how you handle stress.
Stress: Emotional or mental strain or tension resulting from
demanding, scary, or heavy circumstances. It may be an
immediate reaction to a situation, such as dropping a bag
of groceries or getting lost. Or it can last a long time if you’re
dealing with serious problems such as the death of a loved
one, loss of a job, or being a migrant and having to move

210

211

CHAPTER 24
Religious, Cultural, and
Community Groups

A

s you begin to establish your new life in the U.S., you may
find you want to connect with people in your community
or from your cultural or ethnic group. You may want to
find people who practice the same religion as you. You may want
to find places where you can learn English. Finding groups in your
community may make it easier to adjust to life in the U.S. These
groups can help if you feel alone or confused or just want to find
friends. There are many ways to find community and cultural groups.
There are organizations in many communities that provide free or
low-cost assistance to immigrants. These organizations can help
you learn about your community and the services available to you.

Private Assistance Organizations
These organizations provide services that help newcomers. Many
communities offer services such as counseling, immigration
assistance, English classes, help finding a job, and translation
services. Local religious organizations or community centers are

213

CHAPTER 24
great places to connect with other people. Two common types of
private assistance organizations are community-based organizations
and faith-based organizations.
Community-Based Organizations (CBOs)
These organizations operate in a community and provide recreational,
social, and educational services to community members. One type
of CBO that you may find in your community is an ethnic communitybased organization (ECBO). There are a number of national
organizations made up of refugees and other migrants who help
members of their ethnic community to integrate into life in the U.S.
They may be able to help you learn what is available in your local
community and help you get involved. You can learn more about
ECBOs in your area by calling the Office of Refugee Resettlement
at 202-401-9246 or by going online to www.acf.hhs.gov/programs/
orr/resource/ethnic-community-self-help-grants.
Faith-Based Organizations
Houses of worship and religious groups are often involved in refugee
resettlement and immigrant services. Churches, mosques,
synagogues, and other religious groups may also offer assistance
and support. Some religious organizations such as churches can
help people find housing, clothing, or food. You do not have to
participate in the group’s religious activities to receive services.
Community Groups and Events
Getting involved in your community will help you feel more at home
in the U.S. Your community is also a good source of information.
You can get involved in your community by joining your neighborhood
association. This is a group of people in the neighborhood who
meet to improve the neighborhood. Learning English will also help
you feel more comfortable. You can find more ideas about getting

214

RELIGIOUS, CULTURAL, AND
COMMUNITY GROUPS
involved on the Department of Housing and Urban Development’s
website at www.hud.gov.
City Resources
Some cities have a department that focuses on cultural groups and
events in the community. It may be called the “Immigrant Affairs
Office” or “Office of Multicultural Affairs.” Other cities may have
a person called the “Community Liaison” or the “Diversity Liaison.”
You can go to your city’s website or call them to find if they have
a liaison that can connect you with cultural groups in your area.
You can also check out the list of programs on the National
Partnership for New Americans website. These programs provide
support to immigrants, refugees, and lawful permanent residents.
To see the list, visit www.partnershipfornewamericans.org/newamericans-programs/.
Local Events
Community newspapers often list a calendar of local events where
you can meet people who share a similar interest. Community
Colleges and local libraries are great places to look for different
kinds of groups that may be in your area.
Cultural Orientation Resource Center
The Cultural Orientation Resource (COR) Center offers workshops,
trainings, and other material that may help you adjust to life in the
U.S. COR Center has published a guidebook to help refugees
adjust to life in the U.S. called “Welcome to the U.S.: Guidebook
for Refugees.” The guidebook can be found online in 12 different
languages at www.culturalorientation.net.

215

CHAPTER 25
Directory of Resettlement
Agencies (RAs)

T

he following organizations are resettlement agencies (RAs).
They used to be called voluntary resettlement agencies
(VOLAGs) so you may hear them called either VOLAGs or
RAs. These national agencies help connect asylees with many of the
services discussed in this guide. Most of the agencies listed below will
refer you to a local organization to contact.
Church World Service (CWS), Immigration and Refugee Program
1-800-297-1516
www.churchworldservice.org
Episcopal Migration Ministries (EMM)
1-800-334-7626
www.ecusa.anglican.org/emm
Ethiopian Community Development Council (ECDC)
703-685-0510
www.ecdcinternational.org

217

CHAPTER 25
Hebrew Immigrant Aid Society (HIAS)
1-800-442-7714
www.hias.org
International Rescue Committee (IRC)
212-551-3000
www.theirc.org

CHAPTER 26

Kurdish Human Rights Watch, Inc. (KHRW)
703-385-3806
www.khrw.org

Directory of Torture
Treatment Providers

Lutheran Immigration and Refugee Service (LIRS)
410-230-2700
www.lirs.org
U.S. Committee for Refugees and Immigrants (USCRI)
703-310-1130
www.refugees.org
United States Conference of Catholic Bishops (USCCB)
Migration and Refugee Services
202-541-3352
www.usccb.org/about/migration-and-refugee-services/
World Relief Corporation (WRRS)
1-800-535-5433
www.wr.org

218

T

he following organizations care for survivors of torture.
They help with survivors’ special needs, including emotional
support and community services. They are listed in
alphabetical order by state. Find the organization closest to you
and call to ask about the services they offer.

National Organizations
The following national organizations have an extensive online
database with additional resources for torture survivors. If you
cannot find a service provider who can help you listed under your
state below, call one of these national organizations and ask them
to find someone who can help you, or visit them online.
Detained Torture Survivors’ Legal Support Network
Lutheran Immigration and Refugee Service
700 Light Street, Baltimore, MD 212130
410-230-2700
www.lirs.org

219

CHAPTER 26

DIRECTORY OF TORTURE TREATMENT PROVIDERS

National Consortium of Torture Treatment Programs
www.ncttp.org

Alaska
There are currently no torture survivor support centers located in
Alaska. Speak with your case worker or legal service provider to
identify emotional support and community services in your area.
The group below may be able to help or provide referrals:

Torture Abolition and Survivors Support Coalition International
(TASSC)
202-529-2991
www.tassc.org

National Alliance on Mental Illness (NAMI) Anchorage
144 W. 15th Street, Anchorage, AK 99501
907-272-0227
www.nami.org/sites/alaska

Substance Abuse and Mental Health Services Administration
24-hour mental health referral service: 1-800-662-HELP (4357), TTY:
1-800-487-4889
www.samhsa.gov/treatment/index.aspx

Arizona

Heal Torture
www.healtorture.org

Alabama
There are currently no torture survivor support centers located in
Alabama. Speak with your caseworker or legal service provider to
identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:
Catholic Social Services
400 Government Street, Mobile, AL 36602
251-434-1550
www.catholicsocialservicesmobile.com/cssmob/
MHA (Mental Health America) in Montgomery
1116 S. Hull St.
Montgomery, AL 36104
334-262-5500
www.mhamontgomery.com

220

International Rescue Committee Tucson Center for Well-Being
3100 N Campbell Suite #101, Tucson, AZ 85719
520-319-2128
www.rescue.org/us-program/us-tucson-az
Arkansas
There are currently no torture survivor support centers located in
Arkansas. Speak with your case worker or legal service provider to
identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:
National Alliance on Mental Illness (NAMI) Arkansas
1012 Autumn Road, Suite 1, Little Rock, AR 72211
501-661-1548
www.namiarkansas.org/home

221

CHAPTER 26

DIRECTORY OF TORTURE TREATMENT PROVIDERS

MHA (Mental Health America) of Northwest Arkansas
P.O. Box 4714, Fayetteville, AR 72702
479-575-2817
srausch@uark.edu

Survivors International: Trauma Recovery Center
727 Mariposa Street, Suite 100, San Francisco, CA 94110
415-437-3000
http://traumarecoverycenter.org/services/survivors-international/

California

Survivors of Torture International
P.O. Box 151240, San Diego, CA 92175-1240
619-278-2400
www.notorture.org

The Center for Justice and Accountability
870 Market Street, Suite 680, San Francisco, CA 94102
415-544-0444
www.cja.org

Colorado

Center for Survivors of Torture (AACI)
2400 Moorpark Ave, Suite #300, San Jose, CA 95128
408-975-2730
cst.aaci.org

Catholic Charities – Archdiocese of Denver
4045 Pecos Street, Denver, Colorado 80211
303-742-0828
http://www.ccdenver.org/

Chaldean-Middle Eastern Social Services
436 S. Magnolia Ave, Suite #201 El Cajon, CA 92020
619-631-7400
www.c-mss.org/

Jewish Family Service of Colorado
3201 South Tamarac Drive, Denver, CO 80231
303-597-5000
http://jewishfamilyservice.org/

Legal Aid Foundation of Los Angeles
Torture Survivors Project
1102 Crenshaw Blvd, Los Angeles, CA 90019
1-800-399-4529
www.lafla.org/service.php?sect=immigrate&sub=torture&msect=main

Lutheran Family Services Rocky Mountains
1600 Downing Street, Suite 600, Denver, CO 80218
303-980-5400, or 1-877-372-1264
www.lfsrm.org/
Connecticut

Program for Torture Victims
3655 S. Grand Ave, Suite #290, Los Angeles, CA, 90007
213-747-4944
www.ptvla.org

222

Khmer Health Advocates
1125 New Britain Ave, Suite 202, West Hartford, CT 06110
860-561-3345

223

CHAPTER 26

DIRECTORY OF TORTURE TREATMENT PROVIDERS

Mental Health Association of Connecticut
61 South Main Street, Suite #100, West Hartford, CT 06107
860-529-1970 ext. 117
www.mhact.org

Center for Victims of Torture
1776 K Street Northwest, Washington, DC 20006
202-822-0188
http://cvt.org

International Institute of Connecticut
670 Clinton Avenue, Bridgeport, CT 06605
203-336-0141
http://iiconn.org

TASSC International
4121 Harewood Road Northeast, Washington, DC 20017
202-529-2991
http://tassc.org

Delaware
There are currently no torture survivor support centers located in
Delaware. Speak with your case worker or legal service provider
to identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

Florida

Catholic Charities – Diocese of Wilmington
2601 W Fourth Street, Wilmington, Delaware 19905
302-655-9624
http://www.cdow.org/
Mental Health Association in Delaware
100 West 10th Street, Suite 600, Wilmington, DE 19801
302-654-6833
www.mhainde.org
District of Columbia (Washington D.C.)
Advocates for Survivors of Torture and Trauma
1624 U Street NW, Washington, DC 20009
202-290-1672
www.astt.org

224

Florida Center for Survivors of Torture (A program of Jewish Family
Services)
14041 Icot Boulevard, Clearwater, Florida 33760
727-479-1800
http://gulfcoastjewishfamilyandcommunityservices.org/refugee/
Georgia
Center for Torture and Trauma Survivors, Inc.
3700 Market Street, Building B, Clarkston, GA
770-222-6622 ext. 300
Hawaii
There are currently no torture survivor support centers located in
Hawaii. Speak with your case worker or legal service provider to
identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

225

CHAPTER 26

DIRECTORY OF TORTURE TREATMENT PROVIDERS

Catholic Charities Hawaii
1822 Keeaumoku Street, Honolulu, HI 96822
808-524-4673
www.catholiccharitieshawaii.org

The Marjorie Kovler Center for the Treatment of Survivors of Torture
1331 West Albion Ave, Chicago, IL
773-381-4070
www.heartlandalliance.org/kovler/

MHA (Mental Health America) of Hawaii
1124 Fort Street Mall, Room 205, Honolulu, HI 96813
808-521-1846
www.mentalhealth-hi.org

Indiana
There are currently no torture survivor support centers located in
Indiana. Speak with your case worker or legal service provider to
identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

Idaho
There are currently no torture survivor support centers located in
Idaho. Speak with your case worker or legal service provider to
identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:
Catholic Charities of Idaho
847 Park Centre Way, Suite 7, Nampa, ID 83651
208-466-9926
www.ccidaho.org
Mountain States Group – Agency for New Americans
1614 W. Jefferson Street, Boise, ID 83702
208-338-0033
www.mtnstatesgroup.org/

St. Vincent Indianapolis Stress Center
8401 Harcourt Road, Indianapolis IN 46260
317-338-4800
www.stvincent.org/St-Vincent-Indianapolis/Healthcare-Services/
Mental-And-Behavioral-Health.aspx
MHA (Mental Health America) of Indiana
1431 North Delaware St., Indianapolis, IN 46202
800-555-6424
https://mhai.net/

Illinois

Iowa
There are currently no torture survivor support centers located in
Iowa. Speak with your case worker or legal service provider to
identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

The Interfaith Committee for Detained Immigrants
10024 S. Central Park Ave, Chicago, IL 60655
773-779-6011 ext. 3846
www.icdichicago.org/

Lutheran Services in Iowa
1323 Northwestern Ave, Ames, IA 50010
515-232-7262
http://lsiowa.org

226

227

CHAPTER 26

DIRECTORY OF TORTURE TREATMENT PROVIDERS

Mental Health Association of Siouxland
2523 Myrtle St., Sioux City, IA 51103
712-255-1691
www.hopetalks.com

Survivors of Torture Recovery Center (STRC)
4803 Southside Drive, Louisville, KY 40214
http://louisville.edu/kent/RESEARCH/recent-awards/survivors-oftorture-recovery-center-strc

Kansas
There are currently no torture survivor support centers located in
Kansas. Speak with your case worker or legal service provider to
identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

Louisiana
There are currently no torture survivor support centers located in
Louisiana. Speak with your case worker or legal service provider to
identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

Catholic Charities of Northern Kansas
425 W. Iron Ave, P.O. Box 1366, Salina, KS 67402-1366
785-825-0208
www.ccnks.org/index.php

Catholic Charities of New Orleans – Immigrant Survivors Service
1000 Howard Ave, 2nd Floor, New Orleans, LA 70113
504-310-8765
www.ccano.org

MHA (Mental Health America) of the Heartland
739 Minnesota Ave., Kansas City, KS 66101-2703
913-281-2221
www.mhah.org/index.html

MHA (Mental Health America) of Louisiana
5700 Florida Blvd, Suite 1212, Baton Rouge, LA 70806
225-978-2176
www.mentalhealthamerica.net/mhala

Kentucky
There are currently no torture survivor support centers located in
Kentucky. Speak with your case worker or legal service provider to
identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

Maine

Catholic Charities of Louisville, Inc.
St. Charles, 100 Melonie Street, Suite F, Boutte, KY
985-785-2113
www.cclou.org/

228

Refugee Services, City of Portland, Maine
190 Lancaster Street, Portland, Maine 04101
207-775-7915
www.portlandmaine.gov/855/Refugee-Services
Maryland
Advocates for Survivors of Torture and Trauma
431 E. Belvedere Ave, Baltimore, MD 21212

229

CHAPTER 26
410-464-9006
www.astt.org

DIRECTORY OF TORTURE TREATMENT PROVIDERS
Refugee and Asylum and Assistance Project
Community Legal Services and Counseling Center
1 West Street, Cambridge, MA, 02139
617-661-1010
www.clsacc.org

Massachusetts
Boston Center for Refugee Health and Human Rights
Boston Medical Center
771 Albany Street, Dowling 7, Boston, MA 02118
617-414-4794
www.bcrhhr.org
Harvard Program in Refugee Trauma
22 Putnam Avenue, Cambridge, MA 02139
617-876-7879
www.hprt-cambridge.org
International Survivors Center, c/o International Institute of New England
1 Milk Street, 4th Floor, Boston, MA 02109
617-695-9990
www.iine.us
Lowell Community Health Center
Multicultural Connections for Health
161 Jackson Street, Lowell, MA 01852
978-322-8536
www.lchealth.org/patients/connect-services/community-healthprograms

Refugee Immigration Ministry
142 Pleasant Street, Suite 203, Malden, MA 02148
781-322-1011
www.r-i-m.net/
Michigan
ACCESS Psychosocial Rehabilitation Center
2651 Saulino Court, Dearborn, MI 48120
313-842-7010
www.accesscommunity.org
The Refugee Center for Healing Torture and Trauma
901 Eastern Ave. NE, PO Box 294, Grand Rapids, MI 49501-0294
616-224-7550
www.bethany.org/refugeehealingcenter
Trauma Recovery Center of Southeast Michigan
34628 Dequindre, Suite 2, Sterling Heights, Michigan 48310
586-939-5016
http://psychiatry.med.wayne.edu/trauma-center.php

Ascentria Care Alliance
51 Union St, Suite 222, Worcester, MA 01608
508-754-1121
http://www.ascentria.org

230

231

CHAPTER 26
Minnesota
The Center for Victims of Torture
649 Dayton Ave, St. Paul, MN 55114
612-436-4840
www.cvt.org
Guadalupe Alternative Programs
381 East Robie Street, St. Paul, MN 55107
651-222-0757
www.gapschool.org/index.html
Minnesota Advocates for Human Rights
330 Second Avenue South, Suite 800, Minneapolis, MN 55401
612-341-3302
www.mnadvocates.org

DIRECTORY OF TORTURE TREATMENT PROVIDERS
Mississippi
There are currently no torture survivor support centers located in
Mississippi. Speak with your case worker or legal service provider
to identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:
Catholic Charities of Jackson – Immigration Clinic
200 N. Congress Street, Suite 100, Jackson, MS 39201
601-948-2635
www.catholiccharitiesjackson.org
Mental Health Association of South Mississippi
4803 Harrison Circle, Gulfport, MS 39507
228-864-6274
www.msmentalhealth.org/
Missouri

Psychological Services - University of St. Thomas
Interpersonal Center, 2115 Summit Avenue, St. Paul, Minnesota
55105
651-962-4820
www.stthomas.edu/counseling

Center for Survivors of Torture and War Trauma
1077 S. Newstead Ave, St. Louis, MO 63110
314-533-4114
http://stlcenterforsurvivors.org

Sarah’s OASIS
Highland Park, St. Paul, MN
651-696-8699
http://sarahsoasis.org/

St. Louis Mental Health Board / St. Louis Survivors Collaborative
4144 Lindell Blvd, Suite 300, Saint Louis, MO 63108
314-535-6964
www.stlmhb.com

St. Stephen’s Human Services
2309 Nicollet Avenue South, Minneapolis, MN 55404
612-874-0311
http://ststephensmpls.org/

The Center for Trauma Recovery (CTR)
University of Missouri-St. Louis, One University Boulevard, St. Louis,
MO 63121-4499
314-516-6737
www.umsl.edu/divisions/artscience/psychology/ctr/

232

233

CHAPTER 26

DIRECTORY OF TORTURE TREATMENT PROVIDERS

Montana
There are currently no torture survivor support centers located in
Montana. Speak with your case worker or legal service provider to
identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

Nevada
There are currently no torture survivor support centers located in
Nevada. Speak with your case worker or legal service provider to
identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

Glacier Community Health Center
519 East Main Street, Cut Bank, MT 59427
406-873-5670
www.glacierchc.org/index.php

Catholic Charities of Northern Nevada, St. Vincent’s Center
500 E. 4th St, Reno, NV 89512
775-322-7073
http://ccnnimmigration.wordpress.com

MHA (Mental Health America) of Montana
P.O. Box 88, Bozeman, MT 59771-0088
406-587-7774
www.montanamentalhealth.org/

Northern Nevada HOPES Clinic
580 W 5th Street, 12C, Reno, NV 89503
775-786-4673
www.nnhopes.org/

Nebraska
There are currently no torture survivor support centers located in
Nebraska. Speak with your case worker or legal service provider
to identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

New Hampshire
There are currently no torture survivor support centers located in
New Hampshire. Speak with your case worker or legal service
provider to identify emotional support and community services in
your area. The groups below may be able to help or provide referrals:

Lutheran Family Services – Lutheran Immigration Services
1811 W. 2nd St, Suite 365, Grand Island, NE 68803
308-382-4255
www.lfsneb.org/community/immigration.asp

New Hampshire Catholic Charities – Immigration and Refugee
Services
325 Franklin St, Manchester, NH 03101
603-624-4717
www.nh-cc.org

Mental Health Association of Nebraska
1645 N Street, Suite A, Lincoln, NE 68508
888-902-2822
www.mha-ne.org/

234

National Alliance on Mental Illness (NAMI) of New Hampshire
85 North State St., Concord, NH 03301
603-225-5359
www.naminh.org

235

CHAPTER 26

DIRECTORY OF TORTURE TREATMENT PROVIDERS

Riverbend Community Mental Health
278 Pleasant Street, Concord, NH 03301
603-228-1600
http://riverbendcmhc.org

The Life Link
2325 Cerrillos Road, Santa Fe, NM 87505
505-438-0010
http://thelifelink.org/

New Jersey

Lutheran Family Services Rocky Mountains
3612 Campus Blvd. NE, Albuquerque, NM 87106
505-933-7032
www.lfsrm.org

American Friends Service Committee
89 Market Street, 6th Floor, Newark, NJ 07102
973-643-1924
http://afsc.org/office/newark-nj

New York

Catholic Charities of the Archdiocese of Newark
590 North 7th Street, Newark, NJ 07107
973-596-4100
www.ccannj.com/index.php

Bellevue/NYU Program for Survivors of Torture
462 1st Avenue, New York, NY 10010
212-683-7446
www.survivorsoftorture.org

First Friends
53 So. Hackensack Ave, Kearny, NJ 07032908-965-0455
http://firstfriendsnjny.org/

HealthRight International
65 Broadway, 19th Floor, New York, NY 10006
212-226-9890
www.healthright.org

New Mexico
There are currently no torture survivor support centers located in
New Mexico. Speak with your case worker or legal service provider
to identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:
Catholic Charities of New Mexico
2010 Bridge Blvd SW, Albuquerque, NM 87105
505-247-0442
www.ccasfnm.org/

236

Hebrew Immigrant Service Committee (HIAS)
333 Seventh Avenue, 16th Floor, New York, NY 10001
212-967-4100
www.hias.org/en
Libertas Center for Human Rights
Elmhurst Hospital, Annex G, 5th floor 79-01 Broadway Ave,
Elmhurst, NY
718-334-6209
www.libertascenter.net

237

CHAPTER 26

DIRECTORY OF TORTURE TREATMENT PROVIDERS

Journey’s End Refugee Services
2495 Main Street, #317, Buffalo, NY 14214
716-882-4963
www.jersbuffalo.org/

USCRI Albany
991 Broadway #223, Albany, NY 12204
518-459-1790
www.refugees.org/about-us/where-we-work/albany/

My Sisters’ Place
1 Water Street, White Plains, NY 10601
914-358-0333
http://mspny.org/

North Carolina
There are currently no torture survivor support centers located in
North Carolina. Speak with your caseworker or legal service provider
to identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

New York Immigration Hotline
Can provide referrals throughout NY State.
1-800-566-7636 or 212-419-3737
REFUGE
International Trauma Studies Program
245 5th Avenue, Suite 2205, New York, NY 10016
212-889-8117
www.itspnyc.org
Safe Horizon
Brooklyn, New York, NY
Counseling Center: 347-328-8110
Immigration Law Project: 718-943-8632
www.safehorizon.org
Seafarers International House
123 East 15th Street, New York, NY 10003
212-677-4800
www.sihnyc.org/index.php

238

Catholic Charities of the Diocese of Raleigh
7200 Stonehenge Drive, Raleigh, NC 27613
919-821-9750
www.catholiccharitiesraleigh.org/
Lutheran Family Services in the Carolinas
Charlotte Counseling Center
1001 Queens Road, Charlotte, NC 28207
980-613-3400
www.lfscarolinas.org/
North Dakota
There are currently no torture survivor support centers located in
North Dakota. Speak with your case worker or legal service provider
to identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:
Catholic Charities North Dakota
5201 Bishops Blvd, Suite B, Fargo, ND 58104
701-235-4457
919 7th St. S, Suite 607, Bismarck, ND 58504

239

CHAPTER 26
701-255-1793
http://catholiccharitiesnd.org/
MHA (Mental Health America) of North Dakota
PO Box 4106, Bismarck, ND 58502
1-800-472-2911
www.mhand.org/
Ohio
There are currently no torture survivor support centers located in
Ohio. Speak with your case worker or legal service provider to
identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

DIRECTORY OF TORTURE TREATMENT PROVIDERS
The Center for Survivors of Torture
5124 Burnet Road, Austin, TX 78756
512-358-4612
www.cstnet.org
Oregon
Torture Treatment Center of Oregon
Portland, Oregon
503-494-4222
www.ohsu.edu
Pennsylvania

Catholic Charities of Southwestern Ohio
100 E. 8th Street, Cincinnati, OH 45202
513-241-7745
http://ccswoh.org/

Nationalities Service Center
1216 Arch Street, Philadelphia, PA 19107
215-893–8400
www.nationalitiesservice.org/

National Alliance on Mental Illness (NAMI) Ohio
1225 Dublin Road, Suite 125, Columbus, OH 43215
614-224-2700
www.namiohio.org/

Rhode Island
There are currently no torture survivor support centers located in
Rhode Island. Speak with your case worker or legal service provider
to identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

Oklahoma
Catholic Charities of Oklahoma City – Immigration Assistance
Program
1501 N. Classen Blvd, Oklahoma City, OK 73106
405-523-3001
www.catholiccharitiesok.org

240

Catholic Charities of Providence
1 Cathedral Square, Providence, RI 02903
401-421-7833 ext. 129
www.diocesepvd.org/charitableministries/immigration-refugeeservices/

241

CHAPTER 26

DIRECTORY OF TORTURE TREATMENT PROVIDERS

Rhode Island Free Clinic
655 Broad Street, Providence, RI 02907
401-274-6347
http://rifreeclinic.org/

Catholic Social Services
529 Kansas City Street, Suite #100, Rapid City, SD 57701
605-348-6086
www.catholicsocialservicesrapidcity.com

South Carolina
There are currently no torture survivor support centers located in
South Carolina. Speak with your case worker or legal service provider
to identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

Tennessee
There are currently no torture survivor support centers located in
Tennessee. Speak with your case worker or legal service provider
to identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:

HopeHealth, Inc.
600 E. Palmetto Street, PO Box 653, Florence, SC 29506
843-667-9414
http://hope-health.org/home.aspx

Catholic Charities of Tennessee, Inc.
30 White Bridge Road, Nashville, TN 37205
615-352-3087
www.cctenn.org/

Lutheran Family Services in the Carolinas
Cauble Center
1118 Union Street, Columbia, SC 29201
803-750-9917
www.lfscarolinas.org/

Hope Family Health
12124 Hwy 52W, Westmoreland, TN 37186
615-644-2000
http://hopefamilyhealth.org
Texas

South Dakota
There are currently no torture survivor support centers located in
South Dakota. Speak with your case worker or legal service provider
to identify emotional support and community services in your area.
The groups below may be able to help or provide referrals:
Avera Behavioral Health Center
2412 South Cliff Ave, Sioux Falls, SD 57108
605-322-4079
www.avera.org/

242

The Center for Survivors of Torture
4102 Swiss Avenue, Dallas, TX 75204
214-827-2314
5124 Burnet Road, Austin, TX 78756
512-358-4612
www.cstnet.org

243

CHAPTER 26
Utah
Refugee and Immigrant Center – Asian Association of Utah
Asian Association of Utah
155 South 300 West, Salt Lake City, UT 84101
801-467-6060
www.aau-slc.org
Utah Health and Human Rights Project
225 South 200 East, Suite 250, Salt Lake City, UT 84111
801-363-4596
www.uhhr.org/
Vermont

DIRECTORY OF TORTURE TREATMENT PROVIDERS
Boat People SOS
6066 Leesburg Pike, Suite 100, Falls Church, VA 22041
703-538-2190
www.bpsos.org
Washington (Washington State)
Northwest Detention Center Roundtable
621 Tacoma Ave South, Suite 501, Tacoma, WA 98402
nwdcr.info@gmail.com
http://nwdcroundtable.org
Meets at St. Leo’s Church in Tacoma
710 S 13th St, Tacoma, WA 98405
www.stleoparish.org

New England Survivors of Torture and Trauma
The Behavior Therapy and Psychotherapy Center
University of Vermont, Room 135 John Dewey Hall, 2 Colchester
Ave, Burlington, VT 05405
802-656-2661
http://newenglandsurvivorsoftorture.org

Lutheran Community Services Northwest: Pathways to Wellness
4040 S. 188th St SeaTac, WA 98188
206-838-2680
www.lcsnw.org/pathways/

Virginia

West Virginia
There are currently no torture survivor support centers located in
West Virginia. Speak with your case worker or legal service provider
to identify emotional support and community services in your area.
The following groups may be able to help or offer referrals:

Program for Survivors of Torture and Severe Trauma (PSTT)
(A program of Northern Virginia Family Service)
6400 Arlington Blvd. Suite 110, Falls Church, VA 22042
571-748-2823
www.nvfs.org/pstt

244

Washington, D.C. (listed under “District of Columbia” above)

245

CHAPTER 26

DIRECTORY OF TORTURE TREATMENT PROVIDERS

Catholic Charities West Virginia
2000 Main Street, Wheeling, WV 26003
304-905-9860
www.catholiccharitieswv.org/index.php

Northern Wyoming Mental Health
1221 West 5th St., Sheridan, WY 82801
307-674-4405
http://wyomentalhealth.org/

Shenandoah Valley Medical System, Inc.
Behavioral Health Services
130 Augustine Ave, Charles Town, WV 25414
304-728-3716
www.svms.net/index.php

Wyoming Coalition Against Domestic Violence and Sexual Assault
PO Box 236 710 Garfield Street, Suite 218, Laramie, WY 82073
307-755-5481
www.wyomingdvsa.org/

Wisconsin
International Institute of Wisconsin
1110 N. Old World 3rd St, Suite 420, Milwaukee, WI 53203
414-225-6220
www.iiwisconsin.org
National Alliance on Mental Illness (NAMI) Dane County
United Way Building, 2059 Atwood Ave, Fourth Floor, Madison,
WI 53704
608-249-7188
www.namidanecounty.org/
Wyoming
There are currently no torture survivor support centers located in
West Virginia. Speak with your caseworker or legal service provider
to identify emotional support and community services in your area.
The following groups may be able to help or offer referrals:

246

247

CHAPTER 27
Directory of Immigration
Legal Services Providers

T

he following organizations are free or low-cost immigration
legal service providers. They offer a variety of legal services,
including assistance completing immigration related forms,
filings with USCIS, representation at asylum interviews, and/or
representation before immigration court. Find the organization
closest to you and call to ask about the services they offer and fees
charged. There are many more organizations than we have listed
here. Please visit the following sites to find organizations in
your area:
•	
•	
•	

•	

Immigration Law Help: www.immigrationlawhelp.org/ (search
by state)
EOIR Free Legal Services Provider List: www.justice.gov/
eoir/probono/states.htm (search by state)
AILA (American Immigration Lawyers Association)
Immigration Lawyer Referral Service: www.ailalawyer.com,
(202-216-2400)
National Lawyers Guild, National Immigration Project: www.
nationalimmigrationproject.org, (617-227-9727)

249

CHAPTER 27

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS

Alabama
Catholic Social Services of Mobile
23010 Hwy 59 N, Robertsdale, AL 36567
251-947-3878
www.cssbaldwin.org
Alaska
Alaska Immigration Justice Project
431 W. 7th Ave, Suite 208, Anchorage, AK 99501
907-279-2457
www.akijp.org/
Arizona
Arizona Immigrant and Refugee Services
10240 N. 31st Ave, Suite 112, Phoenix, AZ 85051
602-944-1821
http://airsaz.org/
Florence Immigrant and Refugee Rights Project
2601 N. Pinal Pkwy, Florence, AZ 85132
520-868-0191
202 E. McDowell Rd, Suite 165, Phoenix, AZ 85004
602-307-1008
www.firrp.org/
Friendly House, Inc.
723 S. 1st Ave, Phoenix, AZ 85004
602-416-7200
www.friendlyhouse.org

250

Arkansas
Catholic Charities Immigration Services
2500 N. Tyler St, P.O. BOX 7565, Little Rock, AR 72217
501-664-0340
www.dolr.org/offices/catholiccharities/immigration.php
Arkansas Justice for Our Neighbors
Dover United Methodist Church
81 W. Water Street, Dover, AR 72837
479-430-2223
First United Methodist Church
317 S. Main Street, Monticello, AR 71655
870-367-0407
www.ajfon.org
California
ABA Immigration Justice Project of San Diego
401 B St, Suite 1700, San Diego, CA 92101
619-699-2933
www.americanbar.org/ijp
Access California Services
2180 W. Crescent Ave, Suite C, Anaheim, CA 92801
714-917-0440
www.accesscal.org

251

CHAPTER 27
California Rural Legal Assistance
Fill out the contact form (www.crla.org/contact-us) or call 805-9224563 to ask for your local office.
www.crla.org
Casa Cornelia Law Center
2760 5th Ave., Suite 200, San Diego, CA 92103
619-231-7788
www.casacornelia.org
Catholic Charities CYO – Refugee & Immigrant Services
180 Howard St., Suite 100, San Francisco, CA 94105
415-972-1313
http://community.cccyo.org/page.aspx?pid=269
Human Rights Project
201 S. Santa Fe Ave., Suite 101, Los Angeles, CA 90012
213-680-7801
www.hrproject.org
Immigration Center for Women and Children
634 S. Spring St., Suite 727, Los Angeles, CA 90014
213-614-1165
http://icwclaw.org
Colorado
Catholic Charities of Denver – Immigration Services
4045 Pecos Street, Denver, CO 80211
303-742-4971
www.ccdenver.org/services/immigration-services

252

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS
Colorado Legal Services
617 S. Nevada Ave, Colorado Springs, CO 80903
719-471-0380
www.coloradolegalservices.org
Immigrant Legal Center of Boulder County
948 North Street, Suite 8, Boulder, CO 80304
303-444-1522
www.boulderayuda.org
Rocky Mountain Immigrant Advocacy Network (RMIAN)
3489 W. 72nd Ave, Suite 211, Westminster, CO 80030
303-433-2812
www.rmian.org
Connecticut
Apostle Immigrant Services
81 Saltonstall Ave, New Haven, CT 06513
203-752-9068
www.apostleimmigrantservices.org
Catholic Charities of Fairfield County
238 Jewett Ave, Bridgeport, CT 06606
860-443-5328
http://www.ccfairfield.org/
The International Institute of Connecticut, Inc.
175 Main Street, Hartford, CT 06106
860-692-3085
http://iiconn.org

253

CHAPTER 27

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS

Delaware
Catholic Charities Inc., Diocese of Wilmington
2601 W. 4th Street, Wilmington, DE 19805
302-655-9624
www.cdow.org/immigration.html
La Esperanza Community Center, Inc.
216 North Race Street, Georgetown, DE 19947
302-854-9262
www.laesperanza.org/
District of Columbia (Washington D.C.)
Capital Area Immigrants’ Rights (CAIR) Coalition
1612 K Street NW, Suite 204, Washington, DC 20006
202-331-3320
www.caircoalition.org/
Catholic Charities Archdiocese of Washington
924 G St., NW, Washington, DC 20001
202-772-4300
www.catholiccharitiesdc.org/
Catholic Immigration Network (CLINIC)
8757 Georgia Ave, Suite 850, Silver Spring, MD 20910
301-565-4800
https://cliniclegal.org/

KIND (Kids In Need of Defense)
1300 L St. NW, Suite 1100, Washington, DC 20005
202-824-8680
www.supportkind.org
Florida
CASA
10200 State Rd. 84, Suite 105, Davie, FL 33324
954-382-6000
10300 Sunset Drive, Suite 387, Miami, FL 33173
305-463-7468
www.casa-us.org
Catholic Charities of Central Florida – Immigration & Refugee
Services
1771 N. Semoran Blvd, Suite C, Orlando, FL 32807
407-658-0110
www.cirsorl.org
Catholic Charities of Northwest Florida – Immigration & Refugee
Services
1 N. C Street, Pensacola, FL 32502
850-436-6420
http://ccnwfl.org/

Central American Resource Center (CARECEN)
1460 Columbia Rd NW, Washington, DC 20009
202-328-9799
www.carecendc.org/

254

255

CHAPTER 27

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS

Georgia
Access To Law, Inc.
420 South Peachtree Street, Norcross, GA 30071
770-685-1499
www.accesstolawfoundation.org
Catholic Charities of Atlanta
2305 Parklake Dr, NE, Suite 150, Atlanta, GA 30345
678-222-3920
www.catholiccharitiesatlanta.org
Hawaii

Illinois
Administer Justice
1750 Grandstand Pl, Suite 15, Elgin, IL 60123
847-780-7080
www.administerjustice.org
Catholic Charities of Chicago – Immigration and Naturalization
Services
651 W. Lake Street, Chicago, IL 60661
312-427-7078
www.catholiccharities.net

Catholic Charities Hawaii (Island of Hawaii Office)
202 Waianuenue Ave, Hilo, HI 96720
808-961-7030
1822 Keeaumoku Street, Honolulu, HI 96822
808-524-4673
www.catholiccharitieshawaii.org

Indiana

Idaho

Valparaiso Immigration Clinic
Valparaiso University Law School, Heritage Hall
510 Freeman Street, Valparaiso, IN 46383
219-465-7903
www.valpo.edu/law/current-students/c-academics/c-clinic-andskill-based-learning/c-law-clinics

Catholic Charities of Idaho – Nampa Family Strengthening Center
847 Park Centre Way, Suite 7, Nampa, ID 83651
208-466-9926
www.ccidaho.org

Catholic Charities Indianapolis – Immigration Legal Services
1400 N. Meridian Street, Indianapolis, IN 46202
317-236-1517
www.archindy.org/cc/refugee/index.html

Mountain States Group – Agency for New Americans
1614 W. Jefferson Street, Boise, ID 83702
208-338-0033
www.mtnstatesgroup.org/

256

257

CHAPTER 27

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS

Iowa
Immigrant Rights Network of Iowa
1111 9th St, Suite 380, Des Moines, IA 50314
515-974-5199
www.irnofiowa.org
Justice for Our Neighbors – Iowa
211 E. 3rd Street, Storm Lake, IA 50588
712-732-7783
www.iajfon.org
Kansas
Catholic Charities of Northeast Kansas – La Luz Center for Legal
Assistance
2220 Central Ave, Kansas City, KS 66102
913-621-1504
www.catholiccharitiesks.org/
Catholic Charities of Wichita – Immigration & Refugee Services
437 N. Topeka Street, Wichita, KS 67202
316-264-0282
www.catholiccharitieswichita.org/
Kentucky
Catholic Charities of Louisville, Inc. – Immigration Legal Services
2911 S. 4th Street, Louisville, KY 40208
502-637-9786
www.cclou.org/

258

Kentucky Equal Justice Center – Maxwell Street Legal Clinic
Maxwell Street Legal Clinic
201 E. Maxwell Street, Lexington, KY 40508
859-233-3840
maxlegalaid.kyequaljustice.org/
Louisiana
Catholic Charities of New Orleans – Immigrant Survivors Service
1000 Howard Ave, 2nd Floor, New Orleans, LA 70113
504-310-8765
www.ccano.org
Central Louisiana Interfaith Immigration Center
PO Box 7417, Alexandria, LA 71302
318-445-6424, ext. 211
www.diocesealex.org
Maine
Catholic Charities Maine – Refugee and Immigration Services
(Portland Office)
80 Sherman Street, Portland, ME 04101
207-523-2793
www.ccmaine.org/refugee-immigration-services
Immigrant Legal Advocacy Project
309 Cumberland Ave, Suite 201, Portland, ME 04101
207-780-1593
www.ilapmaine.org

259

CHAPTER 27

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS

Maryland
Catholic Charities of Baltimore Immigration Legal Services,
Esperanza Center
430 S. Broadway, Baltimore, MD 21231
410-534-8015
www.catholiccharities-md.org/immigrants/

Ascentria Care Alliance
51 Union St, Suite 222, Worcester, MA 01608
508-754-1121
http://www.ascentria.org
Michigan

Catholic Legal Immigration Network (CLINIC)
8757 Georgia Ave, Suite 850, Silver Spring, MD 20910
301-565-4800
https://cliniclegal.org/

Catholic Charities of Southeast Michigan
15945 Canal Rd, Clinton Township, MI 48038
586-416-1113 ext. 4019
www.ccsem.org

International Rescue Committee
3516 Eastern Ave, Baltimore, MD 21224
410-327-1885
http://www.rescue.org

Justice for Our Neighbors-Southeastern Michigan
(Beverly Hills Office)
20000 W. 13 Mile Rd, Beverly Hills, MI 48025
734-709-1151
www.jfonsemi.org

Justice for Our Neighbors
6201 Belcrest Rd, Hyattsville, MD 20782
301-927-6133
Massachusetts
Catholic Charities of Boston – Refugee and Immigration Services
275 W. Broadway, South Boston, MA 02127
617-464-8100
www.ccab.org/
The Political Asylum/Immigration Representation (PAIR) Project
98 North Washington Street, Suite 106, Boston, MA 02114
617-742-9296
www.pairproject.org/

260

Minnesota
Minnesota Advocates for Human Rights
330 Second Avenue South, Suite 800, Minneapolis, MN 55401 USA
612-341-3302
www.mnadvocates.org
Immigrant Law Center of Minnesota
450 North Syndicate Street, Suite 200 St. Paul, MN 55104
651-641-1011
www.ilcm.org/

261

CHAPTER 27
Immigration Law Practice Group – University of St. Thomas
Interpersonal Center, 2115 Summit Ave, St. Paul, Minnesota 55105
651-962-4960
Mississippi
Catholic Charities of Jackson – Immigration Clinic
200 N. Congress Street, Suite 100, Jackson, MS 39201
601-948-2635
www.catholiccharitiesjackson.org
Mississippi Immigrants Rights Alliance
612 N. State Street, Jackson, MS 39202
601-354-9355 ext. 3
www.yourmira.org

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS
Montana
Border Crossing Law Firm
312 N Ewing Street, Helena, Mt 59601
406-594-2004
http://bordercrossinglaw.com/
Montana residents may also want to try the following organization
in North Dakota:
Lutheran Social Services of North Dakota – Immigration Services
4720 - 7th Ave. S. Suite B, Fargo, ND 58103
701-235-7341
www.lssnd.org/newamericans/index.html
Nebraska

Missouri
Interfaith Legal Services for Immigrants
4158 Lindell Blvd, St. Louis, MO 63108
314-371-4640
www.ilsilegal.org/
Legal Aid of Western Missouri
920 Southwest Blvd, Kansas City, MO 64108
816-474-9868
www.lawmo.org/

Justice for Our Neighbors Nebraska
2414 E Street, Omaha, NE 68107
402-898-1349
www.jfon-ne.org
Lutheran Family Services – Lutheran Immigration Services
1811 W. 2nd Street, Suite 365, Grand Island, NE 68803
308-382-4255
www.lfsneb.org/community/immigration.asp

Migrant and Immigrant Community Action Project
9300 Olive Blvd., LL, St. Louis, MO 63132
314-995-6995
www.mica-project.org

262

263

CHAPTER 27

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS

Nevada
Legal Aid Center of Southern Nevada
800 S. 8th Street, Las Vegas, NV 89101
702-386-1070
www.lacsn.org
Nevada Legal Services
650 Tahoe St., Reno, NV 89509
775-284-3491
www.nlslaw.net
New Hampshire
New Hampshire Catholic Charities – Immigration and Refugee
Services
325 Franklin Street, Manchester, NH 03101
603-624-4717
www.nh-cc.org
New Jersey
American Friends Service Committee – Immigrant Rights Program
(Newark Office)
89 Market Street, 6th Floor, Newark, NJ 07102
973-643-1924
http://afsc.org/program/immigrant-rights-program-newark-nj
Casa Esperanza
213 West Union Ave, Bound Brook, NJ 08805
732-748-1111
www.casaesperanzanj.com

264

Catholic Charities of the Archdiocese of Newark
590 North 7th Street, Newark, NJ 07107
973-596-4100
www.ccannj.com/index.php
New Mexico
New Mexico Immigrant Law Center
714 4th St S.W., Albuquerque, NM 87102
505-247-1023
http://nmilc.org
Catholic Charities of Las Cruces, Inc. – Legal Services Program
424 N. Downtown Mall, Suite 900, Las Cruces, NM 88001
575-203-1001
www.catholiccharitiesdlc.org/about/legal-services-program/
New York
African Services Committee
429 W. 127th Street, 2nd Floor, New York, NY 10027
212-222-3882
www.africanservices.org
Camba Legal Services
2211 Church Ave, Brooklyn, NY 11226
718-940-6311
www.camba.org

265

CHAPTER 27
Hebrew Immigrant Service Committee (HIAS)
333 Seventh Ave, 16th Floor, New York, NY 10001 - 5019
212-967-4100
www.hias.org/en
Journey’s End Refugee Services
2495 Main St # 317, Buffalo, NY 14214
716-882-4963
www.jersbuffalo.org/
My Sisters’ Place
One Water Street, White Plains, NY 10601
914-683-1333
http://mspny.org/
New York Immigration Coalition (NYIC)
(Can provide comprehensive referrals throughout NY State)
www.thenyic.org/home
Safe Horizon
Brooklyn, New York, NY
347-328-8110
www.safehorizon.org
USCRI Albany
991 Broadway #223, Albany, NY 12204
518-459-1790
www.refugees.org/about-us/where-we-work/albany/

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS
North Carolina
JusticeMatters
PO Box 61696, Durham, NC 27715
919-794-7511
http://justicemattersnc.org/
Legal Services of Southern Piedmont – Immigrant Justice Program
1431 Elizabeth Ave, Charlotte, NC 28204
704-376-1600
www.lssp.org
North Dakota
Lutheran Social Services of North Dakota – Immigration Services
4720 - 7th Ave. S. Suite B, Fargo, ND 58103
701-235-7341
www.lssnd.org/newamericans/index.html
Southern Minnesota Regional Legal Services, Inc. – Refugee,
Immigrant, and Migrant Services (Fargo Office)
118 Broadway, Suite 616, Fargo, ND 58102
701-232-8872
www.smrls.org
Ohio
Community Legal Aid
11 Central Square, 7th Floor, Youngstown, OH 44503
330-983-2619
www.communitylegalaid.org/

266

267

CHAPTER 27
Community Refugee and Immigration Services
1925 E. Dublin-Granville Rd, Suite 102, Columbus, OH 43229
614-235-5747
www.crisohio.org
Oklahoma
Catholic Charities of Oklahoma City – Immigration Assistance
Program
1501 N. Classen Blvd, Oklahoma City, OK 73106
405-523-3001
www.catholiccharitiesok.org

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS
Pennsylvania
Catholic Social Services of Philadelphia – Immigration Program
227 North 18th Street, Philadelphia, PA 19103
215-854-7019
www.catholicsocialservicesphilly.org/immigration_services.php
HIAS Pennsylvania
2100 Arch St, 3rd Floor, Philadelphia, PA 19103
215-832-0900
www.hiaspa.org

YWCA Multicultural Center – Immigrant and Refugee Program
8145 E. 17th Street, Tulsa, OK 74112
918-663-0377
www.ywcatulsa.org

Nationalities Service Center
1216 Arch Street, Philadelphia, PA 19107
215-893–8400
www.nationalitiesservice.org

Oregon

Pennsylvania Immigration and Citizenship Coalition
http://paimmigrant.org/resources/legal-services

Catholic Charities of Portland – Immigration Legal Services (Portland
Office)
2740 S.E. Powell Blvd, Suite 2, Portland, OR 97202
503-542-2855
www.catholiccharitiesoregon.org

Pennsylvania Immigration Resource Center
112 Pleasant Acres Rd, Suite I, PO BOX 20339, York, PA 17402
717-600-8099
www.pirclaw.org

Immigration Counseling Service
519 S.W. Park Ave, Suite 610, Portland, OR 97205
503-221-1689
www.ics-law.org

268

269

CHAPTER 27

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS

Rhode Island
Catholic Charities of Providence – Office of Immigration and
Refugee Services
1 Cathedral Sq, Providence, RI 02903
401-421-7833 ext. 129
www.dioceseofprovidence.org/?id=107
Dorcas International Institute of Rhode Island – Citizenship and
Immigration Services
645 Elmwood Ave, Providence, RI 02907
401-461-5940
www.iiri.org/
South Carolina
Catholic Charities of the Piedmont
204 Douthit Street, Greenville, SC 29601
864-242-2233
South Carolina Legal Services (Florence Office)
320 S. Coit Street, Florence, SC 29501
843-413-9500
www.sclegal.org

Sisters of the Presentation of the Blessed Virgin Mary – Caminando
Juntos
617 E. 7th Street, Sioux Falls, SD 57103
605-274-3735
www.presentationsisters.org
Tennessee
Community Legal Center
910 Vance Ave, Memphis, TN 38126
901-543-3395
www.clcmemphis.com
Tennessee Justice for Our Neighbors
5112 Raywood Ln, Hillcrest United Methodist Church, Nashville,
TN 37211
615-823-1945
http://tnjfon.org
Texas

South Dakota

American Gateways (Austin Office)
314 E. Highland Mall Blvd, Suite 501, Austin, TX 78752
512-478-0546 ext. 200
www.americangateways.org

Lutheran Social Services of South Dakota
705 East 41st Street, Suite 200, Sioux Falls, SD 57105
800-568-2401, or 605-357-0100
www.lsssd.org

Boat People SOS (Houston Office)
11360 Bellaire Blvd., Suite 910, Houston, TX 77072
281-530-6888
www.bpsoshou.org

270

271

CHAPTER 27
Catholic Charities Dallas – Immigration and Legal Services
9461 LBJ Frwy, Suite 100, Dallas, TX 75243
214-634-7182
www.catholiccharitiesdallas.org
Casa Marianella
821 Gunter Street, Austin, TX 78702
512-385-5571
www.casamarianella.org
Las Americas Immigrant Advocacy Center
1500 E. Yandell Dr., El Paso, TX 79902
915-544-5126
http://las-americas.org
South Texas Pro Bono Asylum Representation Project (ProBAR)
301 E. Madison Avenue, Harlingen, TX 78550
956-425-9231
ProBAR Children’s Project
119 W. Van Buren Avenue, Suite 204, Harlingen, TX 78550
956-365-3775
www.americanbar.org/groups/public_services/immigration/projects_
initiatives/south_texas_pro_bono_asylum_representation_project_
probar.html
Refugee and Immigrant Center for Education and Legal Services
(RAICES)
1305 N. Flores St., San Antonio, TX 78212
210-226-7722
www.raicestexas.org 	

272

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS
Utah
Catholic Community Services of Utah – Immigration & Refugee
Resettlement
745 E. 300 S, Salt Lake City, UT 84102
801-977-9119
www.ccsutah.org
International Rescue Committee
221 S 400 W, P.O. BOX 3988, Salt Lake City, UT 84110
801-328-1091
www.rescue.org
Vermont
Vermont Immigration and Asylum Advocates
241 N. Winooski Ave, Burlington, VT 05401
802-864-3200
www.vtimmigrationandasylum.org
Vermont Law School – South Royalton Legal Clinic
P.O. Box 117, 190 Chelsea Street, South Royalton, VT 05068
802-831-1500
www.vermontlaw.edu/x11480.xml
Virginia
Ayuda (Sterling Office)
46950 Community Plaza, Suite 213, Sterling, VA 20164
703-444-7009
www.ayuda.com

273

CHAPTER 27
International Rescue Committee
609 E. Market Street, Suite 104, Charlottesville, VA 22902
434-979-7772
www.rescue.org
Northern Virginia Family Service
6400 Arlington Blvd, Suite 110, Falls Church, VA 22042
571-748-2806
www.nvfs.org
Washington (Washington State)
Northwest Detention Center Roundtable
621 Tacoma Ave South, Suite 501, Tacoma, WA 98402
nwdcr.info@gmail.com
http://nwdcroundtable.org
Meets at St. Leo’s Church in Tacoma
710 S 13th St, Tacoma, WA 98405
www.stleoparish.org

DIRECTORY OF IMMIGRATION
LEGAL SERVICES PROVIDERS
West Virginia
Catholic Charities West Virginia – Migration & Refugee Services
1116 Kanawha Blvd E., Charleston, WV 25301
304-343-1036
www.catholiccharitieswv.org
Legal Aid of West Virginia
922 Quarrier Street, 4th Floor, Charleston, WV 25301
304-343-4481
www.lawv.net/
Wisconsin
Jewish Social Services of Madison
6434 Enterprise Ln, Madison, WI 53719
608-278-1808
www.jssmadison.org/

Northwest Immigrant Rights Project (NWIRP) (Seattle Office)
615 2nd Ave, Suite 400, Seattle, WA 98104
206-587-4009
www.nwirp.org/

International Institute of Wisconsin
1110 N. Old World 3rd St, Suite 420, Milwaukee, WI 53203
414-225-6220
www.iiwisconsin.org

Lutheran Community Services Northwest – Refugee Program
115 N.E. 100th Street, Suite 200, Seattle, WA 98125
206-694-5700
www.lcsnw.org/services.html

Wyoming

Washington, D.C. (listed under “District of Columbia” above)

University of Wyoming College of Law – Legal Services Program
1000 E. University Ave, Department 3010, Laramie, WY 82071
307-766-2104
http://uwadmnweb.uwyo.edu/law/Student_life/Clinics/lglsrvs.asp

274

275

CHAPTER 28
Important Phone Numbers
and Websites

A

dministration for Children and Families, U.S. Department
of Health and Human Services:
www.acf.hhs.gov/

Search online to see what government programs and services are
available to migrant populations, including victims of human
trafficking, refugees, and survivors of torture.
American Civil Liberties Union:
212-549-2500, www.aclu.org
Call with questions or reports of civil rights abuses.
American Immigration Lawyers Association:
202-216-2400, www.aila.org
Call to get referrals to immigration lawyers, and see this website
for the referral system: www.ailalawyer.com.
Office for Civil Rights and Civil Liberties (CRCL):
866-644-8360, www.dhs.gov/crcl

277

CHAPTER 28

IMPORTANT PHONE NUMBERS AND WEBSITES

Call if your rights have been violated by DHS immigration
enforcement or policy.

National Human Trafficking Resource Center:
888-373-7888, www.polarisproject.org
Call for help with crisis intervention, urgent and non-urgent referrals,
tip reporting, and comprehensive anti-trafficking resources.

Detained Torture Survivors’ Legal Support Network, Lutheran
Immigration and Refugee Service:
410-230-2740, www.lirs.org
Call or search online for information about organizations that provide
services for survivors of torture.
EOIR (Executive Office for Immigration Review; or Immigration
Court): 800-898-7180
Call to find out the status of a case before the Immigration Court,
or use EOIR’s Free Legal Services Provider List (www.justice.gov/
eoir/probono/states.htm) to find a lawyer in your state.
Emergency: 911
Call for help with a medical emergency, crime, or fire.
Florence Immigrant and Refugee Rights Project:
520-868-0191, www.firrp.org
Call or search online to get pro se materials, which will explain how
you can represent yourself if you cannot find a lawyer or BIA
accredited representative.
Immigration Law Help:
www.immigrationlawhelp.org
Search for an immigration lawyer in your state.
National Domestic Violence Hotline:
800-799-7233, 800-787-3224, www.thehotline.org
Call for help in 170 languages if you or your children are being
abused by a partner or spouse.

278

National Lawyers Guild:
617-227-9727, www.nlg.org
Call to get referrals to immigration lawyers.
Office of Special Counsel for Immigration-Related Unfair
Employment Practices:
•	 National Worker Information Hotline (employee): 800-255-7688
•	 National Employer Information Hotline (employer): 800-255-8155
Call with questions about your right to work. Call if your employer
has questions about your right to work. www.justice.gov/crt/osc/
Social Security Administration (SSA):
800-772-1213, www.ssa.gov
Call with questions about applying for a Social Security number.
Supplemental Nutrition Assistance Program (SNAP):
800-221-5689, www.fns.usda.gov/snap
Call to get the number for your state food stamp program.
USCIS Form Request Hotline:
800-870-3676, www.uscis.gov/forms
Call to request USCIS forms for immigration benefits and immigration
procedures. Also, call to find out where to send completed forms.
USCIS National Customer Service Center:
800-375-5283, www.uscis.gov
Call to find out the status of an immigration application.

279

GLOSSARY

A-number (Alien number)
An 8- or 9-digit number that starts with A and is written on all of
your immigration documents. It is your personal identification
number with Department of Homeland Security.
Affidavit of Relationship (AOR)
Part of the application for bringing family members through the
P3 Family Reunification Program, which shows how you are related.
AR-11
USCIS form that you must file when you move; also known as an
Alien’s Change of Address Card.
Asylum seeker
Someone already in the U.S. or at a port of entry who is unable or
unwilling to return to his or her country of origin because of
persecution or a well-founded fear of persecution based on race,
religion, nationality, membership in a particular social group, or
political opinion; and whose government is unwilling or unable to

281

GLOSSARY

GLOSSARY

protect him or her. Unlike a refugee, an asylum seeker has not
received permission to stay in the U.S. before arriving.

Continued Presence (CP) certification
Permission from ICE to stay in the U.S. for one year to help law
enforcement as a potential witness in a trafficking crime.

Asylee
Someone who was granted asylum in the U.S., either by a USCIS
Asylum Officer, or by an Immigration Judge in court.
Board of Immigration Appeals (BIA)
The U.S. government body that reviews decisions of the immigration
court (under the EOIR) on appeal. It also certifies organizations and
individuals who hold expertise in immigration law, but are not lawyers,
to answer certain legal questions and help fill out legal forms.
BIA accredited representative
An approved individual from a recognized agency that can help
with certain immigration questions and forms, often at a lower cost
than a lawyer.
Civil Rights Civil Liberties (CRCL)
The U.S. government agency that investigates complaints about
unfair treatment or violation of civil rights in DHS policies or activities.
Civil Surgeon
A physician (doctor) approved by USCIS to conduct the medical
examination of applicants seeking to adjust status to lawful
permanent resident.

Cuban-Haitian entrant
An individual granted parole or other protective status designed
for Cubans and Haitians, or a Cuban or Haitian who is in the U.S.,
not subject to a final order of removal, and is either in removal
proceedings or has submitted an asylum application.
Customs and Border Protection (CBP)
The U.S. government agency that enforces immigration and customs
laws primarily near international borders and at land, sea, and air
international ports of entry.
Department of Homeland Security (DHS)
The federal agency responsible for offering immigration services
and enforcing immigration laws. The most important divisions for
immigration purposes are USCIS (U.S. Citizenship and Immigration
Services), ICE (Immigration and Customs Enforcement), and CBP
(Customs and Border Protection).
Department of Justice (DOJ)
The U.S. government agency that is responsible for enforcing U.S.
law and administering justice. It contains the Executive Office for
Immigration Review (EOIR), which contains the Immigration Court
system and the BIA (Board of Immigration Appeals).

Convention Against Torture (CAT)
An international agreement that signatory countries will not return
a person to a country where they are likely to be tortured. You can
apply for relief to stay in the U.S. under CAT if you have been or
believe you are likely to be tortured in your country.

Department of Motor Vehicles (DMV)
The state office where you can get a state identification card or
driver’s license; name may vary depending on your state.

282

283

GLOSSARY
Employment Authorization Document (EAD)
Work permit, approved by USCIS.
Executive Office of Immigration Review (EOIR)
The U.S. government agency that oversees the immigration court
system. It is part of the Department of Justice.
Final order of removal
A decision by an Immigration Judge or USCIS stating that a person
must be deported to their country of origin, after removal
proceedings have finished. Some people with a final order of
removal remain under federal supervision because they cannot be
deported to their country of origin.

GLOSSARY
Green Card
Another name for the card that shows lawful permanent residence
(LPR) status. Note: the card is no longer actually green!
I-9
A form your employer fills out that shows you have the appropriate
documentation to work.

Form 1099
A U.S. government form that states how much money you made
during the year, and is used to file income tax every year with the
U.S. government.

I-94
An identification card that shows proof of your status; also known
as an Arrival-Departure Record. You should receive it when you
enter the country as a refugee, and should have also received
one if you were detained. It used to be a white card with a stamp
that states your status; for example, “asylum granted indefinitely,”
or parole. However, in early 2013, some I-94s became electronic,
and you may no longer receive a paper I-94. Instead, you can find
your I-94 information by filling out the information on this website:
www.cbp.gov/I94.

Freedom of Information Act (FOIA) request
U.S. government form that you or your lawyer can submit to ask
for copies of your immigration and health records.

I-131
Application to travel outside the U.S. for certain immigrants who
may be eligible to travel outside the U.S. and return.

G-589
U.S. government form that describes the property taken from you
when you were detained, including documents and cash.

I-485
Application form for Lawful Permanent Resident (LPR) status.

G-884
U.S. government form that requests original documents from
detention facilities or government agencies.

284

I-589
Application for Asylum and Withholding of Removal.
I-730
Refugee/Asylee Relative Petition; a USCIS form that allows refugees
and asylees to petition to bring their spouse (husband or wife) and

285

GLOSSARY

GLOSSARY

unmarried children under age 21 to the U.S. (or apply for aslyee
status if they are already in the U.S.).

Legal protective status
For the purposes of this manual, legal protective status means
you have received some permission to stay in the U.S., temporarily
or permanently.

ID
Identification, such as a state driver’s license or other card with your
photograph, name, and other important information that proves
your identity.
Immigration and Customs Enforcement (ICE)
The U.S. government agency that carries out immigration and
customs laws inside the U.S. and that oversees immigration detention
and removal.
Immigration and Nationality Act (INA) of 1952
The law that, along with other immigration laws, treaties, and
conventions of the U.S., addresses immigration, temporary
admission, naturalization, or removal of non-citizens.
Individual Development Account (IDA)
A U.S. government program that matches money saved with
government dollars; can be used for education, a car, a house, or
other important investments.

Matching Grant Program
A U.S. government program that helps asylees and refugees find
jobs and become able to support themselves within four to six months
Medicaid
A U.S. government program that allows certain eligible immigrants
to visit doctors and hospitals and receive medical care at a low
cost, subject to certain eligibility requirements.
Office of Refugee Resettlement (ORR)
A U.S. government office under the Administration for Children
and Families that manages programs that provide economic, health,
and social service assistance to the following groups: refugees,
asylees, trafficking victims, survivors of torture, Unaccompanied
Alien Children, SIV-holders from Iraq and Afghanistan, Cuban/
Haitian entrants, and Amerasians.

Judge’s order
A form that shows proof of your status; also called a court order or
a court decision.

Parolee
In this manual, a parolee only refers to someone who is allowed to
enter the U.S. for humanitarian reasons but who could not apply
as a refugee. (A person who is released from detention on parole
with a final order of removal can also be called a parolee.)

Lawful Permanent Residency (LPR)
Immigration status granted by DHS/USCIS that allows someone to
live in the U.S. permanently (as long as they obey the law) and
allows them to eventually naturalize (become a U.S. citizen) once
they meet certain requirements.

Post office
An office that processes U.S. mail and sells money orders, calling
cards, and stamps.

286

287

GLOSSARY

GLOSSARY

Processing fee
Money you need to send in with a USCIS form to apply for certain
immigration benefits. You should check the USCIS website to be
sure you are paying the correct amount by finding the form you
had to submit here: www.uscis.gov/forms.

Return receipt
A postcard that informs you that a piece of mail was delivered.
There is a fee for this post office service, but it is best to use this
service when mailing immigration forms, so you can be sure they
were received.

Proof of status
Any document, preferably issued by the U.S. government, which
shows your immigration status in the U.S.

Social Security number (SSN)
An identification number used in the U.S. to work and study.

Public housing
Housing owned and operated by a public housing agency that can
be rented by low-income people.
Refugee
Someone outside of his or her country of origin who is unable or
unwilling to return because of persecution or a well-founded fear
of persecution based on race, religion, nationality, membership in
a particular social group, or political opinion; and whose government
is unwilling or unable to protect him or her. Unlike an asylum seeker,
a refugee is given permission to enter the U.S. before arriving.

Special Immigrant Juvenile Status (SIJS)
A status given to eligible undocumented children considered a
court dependent and eligible for long-term foster care who receive
support from a federal program. It leads to lawful permanent
resident (LPR) status.
Special Immigrant Visa (SIV)
Status given to eligible Iraqis and Afghanis who supported the U.S.
military effort in their countries and are at risk because of their help.
They are eligible for the same benefits as refugees and asylees.
SS-5
A form used to apply for a Social Security number.

Refugee Cash Assistance (RCA)
U.S. government program that provides financial assistance to
childless refugee and asylee adults (and several other eligible
immigrant groups) who have little money.

Supplemental Nutrition Assistance Program (SNAP)
A U.S. government program that provides assistance to receive
food for people in need (sometimes called Food Stamps Program).

Refugee Medical Assistance (RMA)
U.S. government program that allows refugees and asylees (and
several other eligible immigrant groups) to visit a doctor and get
medical care at a low cost.

Supplemental Security Insurance (SSI)
A U.S. government program that gives assistance to individuals
who are blind, disabled, or age 65 or older and have limited income
and resources.

288

289

GLOSSARY

GLOSSARY

T-visa
A visa that victims of human trafficking are able to apply for to gain
legal protection to stay in the U.S. They are eligible for most of the
same benefits as refugees.

if they have a well-founded fear of persecution based on race,
religion, nationality, membership in a particular social group, or
political opinion. It is a lesser form of protection than asylum, and
does not lead to citizenship.

Temporary Assistance for Needy Families (TANF)
A U.S. government program that provides financial assistance to
some low-income families. Note: it usually has a different name in
each state.

Women, Infants, and Children (WIC) Program
A U.S. government program that provides food and nutrition
information to mothers, pregnant women, and children under 5
years old.

U-visa
A visa that victims of certain crimes are able to apply for if they are
willing to help law enforcement investigate and prosecute the
criminal case.
USCIS (U.S. Citizenship and Immigration Services)
The U.S. government office responsible for providing immigration
services. It is part of the Department of Homeland Security.
VAWA (Violence Against Women Act)
A law that provides protection to victims of domestic violence,
including allowing certain immigrant victims of domestic violence
(spouses, children, or parents of a U.S. citizen; and spouses or
children of an LPR/green card holder) to obtain their green cards
without having to go through their U.S. citizen or LPR abuser.
W-2
A form that states annual income; used to file income tax with the
U.S. government.
Withholding of Removal (WOR)
A USCIS order to prevent return of a person to their home country

290

291

ACKNOWLEDGMENTS

F

irst Steps has been brought to you by the Detained Torture
Survivors’ Legal Support Network, a program of LIRS’s
Access to Justice Unit. This publication was primarily
researched, authored, and coordinated by Angela Edman, Staff
Attorney for LIRS’s Access to Justice (ATJ) program. Substantial
portions of this publication were researched, authored, or
coordinated by ATJ Training and Research Coordinator Julia Coffin,
ATJ Program Fellows Justin Remer-Thamert and Nicholas Kang,
ATJ Staff Attorney Megan Bremer, and Programs and Protection
Administrative Assistant Sarah Vail. Angela Edman, Julia Coffin,
Sarah Vail, and Children’s Services Coordinator Kristine Poplawski
co-authored the forthcoming status-specific supplements.
The following staff at LIRS edited this publication and provided
expertise: ATJ Director Liz Sweet, Director for Community Integration
Susan Gundlach, Assistant Director for Foster Care and Permanency
Chak Ng, Administrative Assistant Sarah Vail, Senior Accountant
Olga Butar, Project Coordinator for Network Engagement Laura
Griffin, Assistant Director for Community Engagement Christine

293

ACKNOWLEDGMENTS
Gedim, and ATJ Program Fellow Christina Andeweg.
Marketing and Communications Director Tara Mulder, Marketing
Project Manager Clarissa Perkins, and Assistant Director for Online
Communications Nicole Jurmo coordinated publication and marketing.
The Northeastern University School of Law Legal Skills in Social
Context Social Justice Program provided legal research and writing
in the initial stages of work. Many thanks to Faculty Supervisor
Associate Dean for Experiential Education Luke Beirman; Research
and Instruction Librarian Catherine Biondo; Advising Attorney Ilana
Greenstein; Lawyering Fellows Angela Bunnell and Jillian Sadler;
and law students Sally Barker, Mitali Biswas, Anastasia Butler-Carter,
Molly Campbell, Jennifer Kim, Julianna Malogolowkin, Mado
Martinez, Elizabeth McCarthy, Matthew Noonan, David Satin, Olivia
Singer, Henry Tran, and Michelle Virshup.
Special thanks go to the following individuals, who provided
invaluable expertise, edits, and ideas: Tanya Broder, Avideh
Moussavian, and Linton Joaquin at the National Immigration Law
Center; Casie-Lee Miller at Lutheran Social Services Northeast;
Laura Burdick at Catholic Legal Immigration Network, Inc. (CLINIC);
Shanti Martin at Kids In Need of Defense (KIND); Lindsay Jenkins
at UNHCR; Elizabeth Yaeger at Hebrew Immigrant Aid Society
(HIAS) Pennsylvania; Aleksander Milch at HIAS New Jersey; Annie
Sovcik at the Center for Victims of Torture; Edna Yang at American
Gateways; Daniel Stracka at Unitarian Universalist Refugee and
Immigrant Services and Education; Sarah Ignatius at the PAIR
Project; Rachel Winch at the Restoration Project; immigration
attorneys Angela Eveler and Christina Powers; and especially Pat
Hatch, founder and former Executive Director of FIRN (Foreign-born
Information and Referral Network) and recent retiree from the

294

ACKNOWLEDGMENTS
Maryland Office for Refugees and Asylees. This manual would not
have been what it is without your valuable support.
Many thanks to the refugees, asylum seekers, and former recipients
of LIRS services who provided feedback for this publication. Particular
thanks go to the residents of the Reservoir Hill House of Peace in
Baltimore, MD for providing extremely helpful feedback and
suggestions from the asylum seeker perspective.
We also wish to acknowledge the National Immigration Law Center,
the National Immigration Project of the National Lawyers Guild,
the ACLU’s Immigrants’ Rights Project, and USCIS for their wealth
of resources that informed this guide.
We wish to thank the U.S. Department of Health and Human
Services, Administration for Children and Families, Office of Refugee
Resettlement, which generously funds LIRS’s Detained Torture
Survivors’ Legal Support Network (DTS). The DTS Network is a
nationally led, locally implemented consortium of legal service
organizations that offers critical information, legal representation,
and holistic services to protect torture survivors from removal and
initiate the healing process. First Steps was funded in part through
DTS funds, and in part through general LIRS funds.
LIRS encourages the printing and distribution of this guide.
Information in this manual may be reprinted with the following
note: Reprinted with permission of the Detained Torture Survivors’
Legal Support Network, a program of Lutheran Immigration and
Refugee Service.
Printed in 2014

295

 

 

The Habeas Citebook Ineffective Counsel Side
Advertise here
Disciplinary Self-Help Litigation Manual - Side