With no papers, should I worry?
Q
I am here without lawful status, but I am law-abiding. Do I have anything to fear from Immigration and Customs Enforcement? I came here from Africa about two years ago on a visitor’s visa. I was admitted for six months but decided to stay. I have been working quietly to make ends meet. If ICE arrests me, what are my first steps? Iskey, Brooklyn
A
As an overstayed nonimmigrant, you are subject to arrest and deportation. However, if you stay out of trouble and you avoid hanging out with individuals with a criminal record, I doubt you have to worry about ICE arresting you.
ICE will likely continue to focus on individuals with criminal records, those with outstanding deportation orders, and those who have returned after deportation. If you encounter ICE or you have any concerns about your immigration status, call the Legal Aid Immigration Hotline (844) 955-3425 or the New York State Office of New Americans Hotline, (800) 566-7636. Carry those numbers with you always.
Q
When I petitioned for my wife and her 6-year-old daughter, I submitted an affidavit of support. We are now divorced. Am I still responsible for supporting them? After I petitioned for my wife and stepdaughter, they got their immigrant visas. Once here, they decided to go their own way. V. Mendoza, Union City, N.J.
A
You are still bound by your obligations under the affidavit of support. That said, enforcement of the I-864 obligations by individuals and government remains rare.
The sponsor’s responsibilities continue until the green card holder either becomes a U.S. citizen, gives up permanent residence by leaving the United States, has earned or been credited with 40 qualifying quarters (10 years) under Social Security Act or dies.
Allan Wernick is an attorney and director of the City University of New York's Citizenship Now project. Send questions and comments to Allan Wernick, New York Daily News, 4 New York Plaza, New York, NY 10004, or email to questions@allanwernick.com. Follow him on Twitter @awernick.