How Smart Immigrants Get Out Of Jail Without Damaging Their Immigration Case

"Attorney, attorney," ask clients, "What am I supposed to do if I'm ever picked up by law enforcement?" Since most of my clients are immigrants waiting for their papers to be processed by the government, this is a very real fear.

Earlier this week, the U.S. Immigration and Customs Enforcement (ICE) announced a new policy regarding the detention of green card applicants. If you're an immigrant waiting for a green card interview, not knowing your rights when you are arrested could be devastating.

There are three different aspects to answering this question. First, what should you do when you are stopped by the police? Second, what should you do if you are turned over to immigration officers? Third, what should you do if you have to spend time in immigration jail?

As an immigration lawyer, I know this dreaded moment often happens without warning. So it's good to have some tips to guide you if, and when, you ever end up in this situation.

It often occurs due to simple infractions. Perhaps the back light on your car was not working. An officer stops you to write a traffic citation. He wants to see your identification card.

When you are stopped by the police, the key is not to panic. Regardless of your immigration or citizenship status, you have constitutional rights. You have the right to remain silent. If you decide to stay silent, say it clearly to the officer.

If you decide to talk, be sure not to lie. This can make things worse.

Whatever you do, stay calm and polite.

The second stage begins when you are transferred to immigration officials.

Normally, ICE agents can detain you for two days before issuing immigration charges against you. But in emergency situations, the period can be longer.

During the 48 hours you're in custody, immigration officers will try to question you over and over again. Again, you do not want to say too much. Tell the officer you want to talk with an immigration lawyer before answering any questions.

Why is it in your interests to not say too much?

Immigration law is complex. Because immigration rules are complicated, you might misstate important details about your case. This might cause them to try to deport you before you have time to see an immigration judge.

Be careful what you sign. Try to avoid signing anything other than a request to see an immigration judge, until you can have an attorney talk to you about your case.

Under the new ICE policy, your case could be dismissed and you could be released from custody, once the officers find out the truth about your immigration situation. But only some immigrants will qualify for such lenient treatment.

If you sign the wrong documents, you could be throwing away your chances to legally stay in the U.S.

Sadly, reports have surfaced that immigrants were coerced or tricked into giving up their chance to contest deportation charges. They were told their case is too hard. They were informed that while they could fight their cases, they may have to remain in jail for a long time, maybe years, until the fight is over.

These situations do not happen often. But they do happen - you should be aware how to avoid these situations. Just in case.

If you end up having to spend time in immigration jail, you must not lose hope. Other inmates may try to tell you what you should be doing based on what someone else, who was at the jail a few weeks ago, told them. Following such advice could be a disaster for you.

You may have spend more time than you want in jail. The rules for immigration detention are strict, even with the new ICE policy. You will need to be patient.

Call a family member - your wife, your brother, or your uncle - and ask for their help in locating an immigration deportation defense expert.

You may want to rush the process, but you must understand good lawyering takes time. In many situations, a good defense cannot be put together overnight. Even if you qualify for a permanent residence interview, your immigration attorney and your family will likely need time to put everything in order for the government's review. (Each immigration application costs several hundred dollars, so your relatives may need extra time to collect money to pay your fees!)

You may be sent to immigration court. In my experience, most immigration cases are far more difficult than clients realize. 57% of immigrants handle their cases without an attorney. This is awfully risky, especially when so much is at stake.

Hopefully, you will never have to use these tips. But if you are ever arrested - follow these simple steps and you'll improve your chances of winning your immigration case.

If you're worried about the steps to become a permanent resident, earn U.S. citizenship, or fight deportation, you need to seek advice from someone you can trust. San Diego Immigration Attorney Carlos Batara has helped immigrants live and work legally in the U.S. for over 16 years. Visit http://www.bataraimmigrationlaw.com and learn how offices can help you win your immigration case.

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