Green Card Holder: Know Your Rights If ICE Stops You

Last Updated on: General US Immigration, Green Card - US Permanent Residency, US Citizenship
Green Card Holder: Know Your Rights If ICE Stops You

Everyone in the U.S. Has Rights—No Matter Your Immigration Status

Whether you are undocumented, a visa holder, or a Green Card holder, knowing your rights can protect you during encounters with immigration officers. If U.S. Immigration and Customs Enforcement (ICE) comes to your home or stops you in public, you do not have to answer questions or allow entry without a valid search warrant. This article explains your rights, responsibilities, and how to protect your legal status.

Your Rights If ICE Comes to Your Door

If ICE agents come to your home, you have legal protections under U.S. law.

  • You do not have to open the door unless ICE presents a valid search warrant signed by a judge.
  • An ICE deportation warrant is not a search warrant—officers cannot enter unless you allow them in.
  • Ask ICE to show the warrant through a window or under the door before opening.
  • If the warrant does not have your correct name and address, you do not have to let them in.
  • If you choose to speak with officers, step outside and close the door behind you to prevent them from entering.
  • Stay calm, and do not resist. Exercising your rights does not mean you are breaking the law.

Your Right to Remain Silent

You have the right to refuse to answer questions from ICE officers.

  • You are not required to disclose your immigration status, birthplace, or how you entered the U.S.
  • If you do not want to speak, say clearly: “I choose to remain silent.”
  • Never provide false documents or lie about your status, as this can be used against you.
  • Show a Know Your Rights card. Example below:
    Immigration Know Your Rights Card

Your Right to a Lawyer

If ICE detains you, you have the right to legal representation.

  • You have the right to ask for an attorney before answering questions.
  • If you already have a lawyer, show Form G-28 (Notice of Entry of Appearance as Attorney) to ICE officers.
  • If you do not have a lawyer, request a list of free immigration attorneys or contact your country’s consulate for assistance.
  • You have the right to make one free phone call after 10 days if needed.
  • Do not sign any documents unless you fully understand them. Always ask to speak with an attorney first.

Green Card Holder Rights and Responsibilities

If you are a Lawful Permanent Resident (Green Card Holder), you have rights under U.S. law, but you must also fulfill specific responsibilities to maintain your legal status.

Rights as a Green Card Holder

  • Live and work permanently in the United States.
  • Be protected under U.S. federal, state, and local laws.
  • Travel internationally and return to the U.S. with certain restrictions.
  • Apply for U.S. citizenship after meeting eligibility requirements.

Responsibilities as a Green Card Holder

  • Obey all U.S. laws, including federal, state, and local regulations.
  • File U.S. income taxes every year.
  • Notify U.S. Citizenship and Immigration Services (USCIS) within 10 days of changing your address.
  • Avoid criminal activity—certain offenses may lead to deportation or losing your Green Card.

Requirement to Carry Proof of Lawful Status

U.S. law requires non-citizens aged 18 and older to always carry proof of their lawful status.

According to Section 264(e) of the Immigration and Nationality Act (INA):

“Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him. Any alien who fails to comply shall be guilty of a misdemeanor and may be fined or imprisoned for up to thirty days.”

While prosecutions for this offense are rare, they have occurred. Therefore, it is recommended that you carry your immigration documents, especially when traveling within the U.S.

For Green Card Holders, valid proof includes:

  • Green Card (Form I-551)
  • If your Green Card is pending renewal, you should carry:
    • Form I-90 receipt (proof of Green Card renewal)
    • Form I-751 receipt (for those removing conditions on a two-year Green Card)
    • I-551 ADIT stamp in your passport (temporary proof of Green Card status)

Carrying Digital Copies
If you prefer not to carry original documents at all times, you can keep high-resolution color scans on your smartphone as a backup. However, digital copies do not replace physical documents and may not be accepted in all situations.

Path to U.S. Citizenship

A Green Card is the first step toward becoming a naturalized U.S. citizen. If eligible, you can apply for U.S. citizenship by meeting specific requirements.

Eligibility for Naturalization

  • You must have been a Green Card holder for at least 5 years (or 3 years if married to a U.S. citizen).
  • You must have maintained continuous residence in the U.S. during this period.
  • You must have been physically present in the U.S. for at least 30 months out of the last 5 years.
  • You must be able to speak, read, and write basic English.
  • You must pass the U.S. civics test, which covers American history and government.
  • You must demonstrate good moral character, meaning no serious criminal history.

Exemptions from the English and Civics Test

Some applicants qualify for exemptions from the English and/or civics test based on age and time as a Green Card holder.

  • English Test Exemption:
    • Age 50 or older and a Green Card holder for at least 20 years.
    • Age 55 or older and a Green Card holder for at least 15 years.
    • You will still need to take the civics test, but you can do so in your native language with an interpreter.
  • Simplified Civics Test:
    • Age 65 or older and a Green Card holder for at least 20 years.
    • You will take a shorter version of the civics test (20 questions instead of 100) and may use an interpreter.
  • Medical Disability Waiver:
    • If you have a physical, developmental, or mental disability that prevents you from learning English or civics, you may qualify for an exemption by filing Form N-648 (Medical Certification for Disability Exceptions).

Steps to Apply for U.S. Citizenship

  1. Submit Form N-400 (Application for Naturalization) to USCIS.
  2. Attend a biometrics appointment (if required).
  3. Complete the naturalization interview and test at a USCIS office.
  4. Receive a decision—USCIS will approve, continue, or deny your application.
  5. Take the Oath of Allegiance at a naturalization ceremony to officially become a U.S. citizen.

Final Thoughts

Knowing your rights and responsibilities as an immigrant or Green Card holder is crucial for protecting your legal status in the U.S. If ICE approaches you, remain calm, do not answer questions without a lawyer, and do not sign any documents without understanding them.

If you need legal assistance, contact an immigration attorney for guidance. Staying informed and prepared can help you navigate the immigration process safely.

Schedule a Consultation with an Immigration Lawyer

Citations

We Can Help!

You may have questions regarding a U.S. immigration matter. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.

Contact Us

Similar Posts