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A Jailhouse Lawyer’s
Manual

Immigration and Consular Access
Supplement to the Seventh Edition

Columbia Human Rights Law Review

2007

COLUMBIA HUMAN RIGHTS LAW REVIEW
2006-2007
EDITORIAL BOARD 2006–2007
Editor-in-Chief
Mary Kelly Persyn
Executive Editor
Susan Maples
Managing Editors
Nicole Altman
Emily Miyamoto Faber
Patrick Somers
Articles Editors
Lazar Bloch
Brian Ginsberg
Sean Murray
Naureen Shah
Jennifer Stark
Development
Elana Pollak
Drew Rabe

Anne-Carmene Almonord
Julia Barke
Rachel Barish
Dorian Berger
Katie Brandes
Eddie Bruce-Jones
Zaneta Butscher
Zern-shun Chen
Johanna Coats
Kaitlin Cordes
Amy Dieterich
Meredith Duffy
Christine Ely
Derek Ettinger
Meghan Gallagher
Mia Gonzalez
Chiara Grabill

JLM Editor-in-Chief
Emma Freudenberger
Business Editor
Benjamin Edwards
SJLM Executive Editor
Kimberly Sánchez
Journal Production Editor
Dafina Stewart
Submissions/Notes Editors
Whitney Russell Dougherty
Samantha Harper
Noelle Kvasnosky
Sydney Tarzwell

STAFF EDITORS

Daeyna Grant
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Daniel Harris
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Mary Beth Myles
Won Park
Suzannah Phillips
Madhu Pocha
Laboni Rahman
Ikhlas Rashid
Martha Rodenborn
Ted Roethke

JLM Executive Editors
Dynishal Gross
Sydney Bird Levin
Gráinne O'Neill
JLM Chapter Editors
Damaris Acosta
Erin Dittus
Anya Emerson
Natasha M. Korgaonkar
JLM Production Editor
Adam Shajnfeld

Seth Rosenbloom
Michelle M. Rutherford
Lisa Sachs
Laura Lisa Sandoval
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Mainon Schwartz
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Kristen Smith
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BOARD OF ADVISORS
Mark Barenberg
Barbara Black
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Reed Brody
Katherine Franke

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James S. Liebman
Michael Ratner
Peter Rosenblum
Susan Sturm

Copyright © 2007 by the Columbia Human Rights Law Review
All rights reserved. Printed in the U.S.A.
ISSN 0090 7944

A Jailhouse Lawyer’s
Manual

Immigration and Consular Access
Supplement to the Seventh Edition

JLM Editor-in-Chief
Emma Freudenberger
Production Editor
Adam Shajnfeld

Chapter Editors
Damaris Acosta
Erin Dittus
Anya Emerson
Natasha Korgaonkar
Executive Editors
Dynishal Gross
Sydney Bird Levin
Gráinne O’Neill

Columbia Human Rights
Law Review
435 W. 116th St.
New York, NY 10027
jrnhum@law.columbia.edu
(212) 854-1601

Spanish JLM Executive
Editor
Kimberly Sánchez

PREFACE & ACKNOWLEDGEMENTS
Historically, chapters about the immigration consequences of criminal convictions and the right
to consular access have been published alongside the rest of the material in A Jailhouse Lawyer’s
Manual. This year, to meet the needs of the growing number of prisoners seeking information about
immigration laws and policy, this material is being published as a separate supplement to the
Seventh Edition of the JLM. This supplement includes the information previously contained in JLM
Volume II, Chapter 14, “Immigration: The Immigration Consequences of Criminal Activity,” and
JLM Volume II, Chapter 15, “The Right to Consular Access.” We hope that publishing this
information separately will increase the material’s availability, accuracy, and utility.
Immigration law has changed significantly in recent years and continues to change constantly.
Our hope is that publishing this information as a supplement will allow us to update the material
more frequently, thereby better serving the needs of our readers. The JLM aims to be a responsive
publication; accordingly, we appreciate any feedback regarding either the content or format of the
JLM. The responses and feedback we receive from prisoners throughout the country are our most
valuable resource for improving and developing the JLM.
Special thanks is due to Maria Navarro, Esq. of the Immigration Law Unit of the Legal Aid
Society of New York, and Cristina Quintero, a law student, whose hard work and expertise made
this Supplement possible. We would also like to thank the members of the 2005-2006 Columbia
Human Rights Law Review Board, and the many students who contributed hours of proofreading
and research toward this project.
The material published in this Supplement, along with the rest of A Jailhouse Lawyer’s Manual,
may be reproduced and distributed in part by nonprofit institutions for educational purposes,
including distribution to students, provided that the copies are distributed at or below cost; that they
include a legal disclaimer; and that they identify the author, the Columbia Human Rights Law Review,
A Jailhouse Lawyer’s Manual, the edition, the page numbers, and the year of the work’s publication.
You can request information about ordering by sending an email to jrnhum@law.columbia.edu or
by writing to:
Columbia Human Rights Law Review
Jailhouse Lawyers Manual
435 W. 116th Street
New York, NY 10027
Many alumni, practitioners, organizations, friends, and family have given us financial, moral,
and legal support to make the Seventh Edition possible. We extend our heartfelt thanks and regret
that we cannot recognize them all by name.
March 9, 2007
Emma Freudenberger
JLM Editor-In-Chief

Damaris Acosta
Erin Dittus
Anya Emerson
Natasha Korgaonkar
JLM Chapter Editors

Dynishal Gross
Sydney Bird Levin
Gráinne O’Neill
JLM Executive Editors

Adam Shajnfeld
JLM Production Editor

Kimberly Sánchez
Spanish JLM Executive Editor

FOREWORD
A Jailhouse Lawyer’s Manual is an important and impressive work. Although it is well-established
that prisoners have a constitutional right to affirmative governmental assistance in the preparation
and filing of legal papers, see Bounds v. Smith, 430 U.S. 817 (1976), state and federal prisoners often
still lack the necessary information and resources to obtain effective and adequate judicial review.
This manual will help alleviate that problem. Written in a clear, readable fashion, the manual
provides an easy, step-by-step guide to assist prisoners in understanding and maneuvering their way
through an increasingly complex legal system. By making difficult and sensitive legal issues
accessible to the lay person, the manual helps to empower prisoners to exercise a right we, as a
society, hold dear—the right to speak for oneself. I commend Columbia’s law students for
publishing so comprehensive and insightful a manual. A Jailhouse Lawyer’s Manual should be read by
everyone involved in, or concerned about, prisoners’ rights.

Justice Thurgood Marshall
February, 1992

v

LEGAL DISCLAIMER
A Jailhouse Lawyer’s Manual is written and updated by members of the Columbia Human Rights
Law Review. The law prohibits us from providing any legal advice to prisoners. This information is
not intended as legal advice or representation nor should you consider or rely upon it as such.
Neither the JLM nor any information contained herein is intended to or shall constitute a contract
between the JLM and any reader, and the JLM does not guarantee the accuracy of the information
contained herein. Additionally, your use of the JLM should not be construed as creating an attorneyclient relationship with the JLM staff or anyone at Columbia Law School. Finally, while we have
attempted to provide information that is up-to-date and useful, because the law changes frequently,
we cannot guarantee that all information is current.

vii

TABLE OF CONTENTS
Preface and Acknowledgements ...........................................................................................iv
Foreword by Justice Thurgood Marshall................................................................................v
Legal Disclaimer .................................................................................................................vii
Table of Contents ............................................................................................................... ix

SECTION I:

IMMIGRATION

Chapter I
The Immigration Consequences of Criminal Activity
A. Introduction ..............................................................................................................1
B. Status ........................................................................................................................3
C. How the Government Places You in Removal Proceedings........................................6
D. Inadmissibility and Deportability...............................................................................8
E. Removal Proceedings ..............................................................................................16
F. Forms of Relief........................................................................................................21
G. Decision and Appeals..............................................................................................37
H. Detention ................................................................................................................41
I.
Failure to Depart from the U.S. and Returning to the U.S. After Deportation...........45
Appendix A: Glossary.....................................................................................................47
Appendix B: Forms .........................................................................................................55
Appendix C: Resources ...................................................................................................57
Appendix D: List of Legal Service Providers: New York..................................................59
Appendix E: Determing Whether Children Born Outside the U.S. Acquired
Citizenship at Birth .........................................................................................................64
Appendix F: Determining if Children Born Outside the U.S. and Born Out
of Wedlock Acquired U.S. Citizenship at Birth ................................................................67
Appendix G: Derivative Citizenship—Lawful Permanent Resident Children
Gaining Citizenship Through Parents’ Citizenship...........................................................70

SECTION II:

CONSULAR ACCESS

Chapter II
The Right to Consular Access
A. Introduction ............................................................................................................79
B. The Right to Consular Access..................................................................................79
C. Why Contact the Consulate? ...................................................................................83
D. When and How to Contact Your Consulate.............................................................86
E. Conclusion..............................................................................................................87
Appendix A: List of Consulates, Embassies, Missions, and Private Organizations ............88

ix

CHAPTER I
THE IMMIGRATION CONSEQUENCES
OF CRIMINAL ACTIVITY*
A. Introduction
Immigration law has changed significantly in recent years and continues to change constantly.
Therefore, you should not assume that everything you read in this Chapter is up-to-date or accurate.
Instead, you should always verify the laws mentioned here by referring to the sources listed in
Appendices A–D at the end of the Chapter. Because each immigration court case is different, it is
always best to consult with an attorney who may better understand your particular situation,
possibilities for relief and assist you with your case. If you do not have access to an attorney, you
should ask a family member or trusted friend to consult one of the agencies listed in Appendix D at
the end of the Chapter to obtain an attorney or someone who might be able to assist you with your
immigration case. Many of the agencies listed provide free or low-cost legal services. This Chapter
and its contents are not meant to replace the advice of an attorney.
Some of you may be prisoners who are still serving prison sentences for criminal convictions or
you may be detained1 by the Department of Homeland of Security (“DHS”).2 If you are a non-United
States Citizen (“non-USC”) currently serving a prison sentence and you have not yet been
approached by the United States (“U.S.”) government regarding your immigration status, this does
not mean that it will not happen at a later time. You will very likely be approached by an
immigration officer and you should read this Chapter to prepare yourself for when that day comes.
There are many reasons why the government might place someone in immigration court
proceedings. While we may mention some of them within this Chapter, the Chapter’s primary focus
will be prisoners who are facing or will face removal proceedings3 because of criminal convictions. It is
important to realize that even if you are a legal permanent resident (“LPR”)4 or have other legal status
in the United States, you can still face deportation. Even if you have United States Citizen (“USC”)
* This Chapter was written by Cristina Quintero, with contribution from Kanika Chander and Laboni
Rahman. Special thanks to Maria E. Navarro, Esq., The Legal Aid Society, Immigration Law Unit.
1. Immigration detention is not the same as imprisonment. Imprisonment is a criminal punishment,
whereas immigration detention is considered a civil matter even though some immigration detainees are
detained in prisons. Because immigration detention is a civil matter, immigration detainees do not have the
same rights as criminal prisoners. See Part H of this Chapter, which describes detention in detail.
2. In March 2003, the U.S. Immigration and Naturalization Services (“INS”), which used to be part of
the U.S. Department of Justice, was restructured. As a result, INS no longer exists. In 2003, the Department of
Homeland Security (“DHS”) was created, as well as three new agencies within it. These agencies took over the
functions of the former INS. The United States Citizenship and Immigration Services (“CIS”) is responsible
for the administration of immigration services, including permanent residence, naturalization, asylum, and
other duties. U.S. Immigration and Customs Enforcement (“ICE”) was created to serve the investigative and
enforcement functions of the former INS (including investigations, deportation, and intelligence). The
attorneys that represent the government in immigration court proceedings are part of ICE and are referred to
as assistant chief counsel. U.S. Customs investigators, the Federal Protective Service, and the Federal Air
Marshal Service are all also part of ICE. The U.S. Customs and Border Protection (“CBP”) was created and
took over the border functions of the INS, including border patrol and customs inspection.
3. This Chapter was written for people who have been or may be placed in removal proceedings, which
were referred to as “exclusion” or “deportation” proceedings before April 1, 1997. Removal is the process by
which the government forces a non-USC to leave the U.S. For ease of reference, we will use the word
“deportation” instead of “removal” throughout the text, but the legal proceedings are technically referred to as
“removal proceedings” and we will refer to them as such. Keep in mind, therefore, that if you face
deportation, you will be placed in “removal proceedings.”
4. We will also refer to people who have LPR status as “LPR” or “LPRs.”

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A JAILHOUSE LAWYER’S MANUAL

Ch. I

children, have been in the U.S. for many years, have worked legally and paid federal income taxes,
you can still face deportation if you have one or more criminal convictions. The only people in the
U.S. that cannot be deported are USCs or nationals.5
For the purposes of this Chapter, all citations that begin with “INA” refer to the Immigration
and Nationality Act (“INA”)6; the corresponding U.S.C. citations are also placed in the footnotes.
All cases are followed by their appropriate citation. Part B of this Chapter explains how to
determine your immigration status in the U.S. and how this status may affect your ability to stay in
the U.S. Part C describes how the government places non-USCs in removal proceedings. Part D
discusses the differences between inadmissibility and deportability and includes information about
criminal convictions and their effect on your immigration status in the U.S. Part E details the process
of removal proceedings from start to finish, including how the government initiates proceedings and
what you can expect throughout. Part F outlines forms of relief from deportation (forms of relief),
including the applications and eligibility requirements for each form of relief, as well as the standards
and the corresponding discretionary factors you must meet to obtain them. Part F will also explain
what types of evidence you should be ready to present to meet both the standards and the
discretionary factors. Part G explains how the immigration judge makes his final decision in your
immigration case and what you can do to appeal or reopen your immigration case if you are
dissatisfied with the result and meet the legal requirements to do so. Part H describes immigration
detention, including information about non-USCs who are subject to mandatory detention. Part H
also illustrates the bond hearing process for those who are not subject to mandatory detention and are
otherwise eligible for bond. Part I provides an outline for applying for reentry into the U.S. after you
have been ordered deported, and describes the serious consequences that result from illegal reentry
into the U.S.
Appendix A provides a glossary that defines all the words in bold and italics found within this
text. Appendix B has a list of various immigration forms and applications that you may have to fill
out at some point in this process. Appendix C contains a list of useful websites that will help you
research your particular immigration case further. Appendix D is a list of providers of legal services
(some free and others for a fee) in and around the New York area.7 Appendix E consists of three
charts, which explain derivative and acquired U.S. Citizenship that we mention briefly in Part B of
this Chapter. 8 Appendix F is a Practice Advisory, created by the New York State Defenders
Association (“NYSDA”) Immigrant Defense Project in December 2006, entitled “Removal Defense
of Immigrants in Drug Possession Cases—The Impact of Lopez v. Gonzales.”9

5. U.S. nationals are people born in American Samoa or Swains Islands.
6. Immigration and Nationality Act (“INA”), ch. 477, 66 Stat. 163 (1952) (codified as amended at 8
U.S.C. §§ 1101–1537 (2000)).
7. A list of free or low-cost legal service providers can also be found on the U.S. Department of Justice
Executive Office for Immigration Review (“EOIR”) website at
http://www.usdoj.gov/eoir/probono/states.htm (last visited Feb. 15, 2007).
8. Appendix E at the end of this Chapter was created by the Immigrant Legal Resource Center
(“ILRC”) and is comprised of the following charts—Chart A: Determining Whether Children Born Outside
the U.S. Acquired Citizenship at Birth; Chart B: Acquisition of Citizenship Determining if Children Born
Outside the U.S. and Born Out of Wedlock Acquired U.S. Citizenship at Birth and Chart C: Derivative
Citizenship—Lawful Permanent Resident Children Gaining Citizenship Through Parents’ Citizenship. These
charts are expected to be redone at some point in 2007. For the latest versions, visit http://www.ilrc.org/ or
contact ILRC directly. ILRC generously allowed the JLM to reproduce these charts for inclusion in this
Chapter.
9. Because the state of drug trafficking law for the purposes of removal proceedings is still in flux, you
should refer to recent cases that have made determinations on the immigration consequences of drug
convictions. For updates on this advisory, visit the New York State Defenders Association (“NYSDA”)

Ch. I

IMMIGRATION LAW: THE IMMIGRATION CONSEQUENCES OF CRIMINAL ACTIVITY

3

B. Status
The first step in your immigration court proceedings is determining your immigration status in
the U.S. If you already know what your immigration status is, you can skip this Part and move on to
Part C of this Chapter, which describes how the government places you in removal proceedings.
1. United States Citizenship10
There are several kinds of U.S. citizenship including citizenship by birth, citizenship by
naturalization, derivative citizenship, and acquired citizenship.
The following questions may help you determine whether you are a USC:11
•
•
•
•

Were you born in the U.S. or one of its possessions?12
Was either of your parents born in the U.S.?
Were any of your grandparents born in the U.S.?
Was either of your parents a USC before you turned 18 years old?

Derivative Citizenship
• Derivative citizenship means you “derive” citizenship through your parent(s) who
have naturalized. The laws regarding derivative citizenship are complex and a lot
depends on when you were born and when your parent(s) became USCs.
• You can obtain derivative citizenship if all of the following occurred on or after
February 27, 2001:13 you turned 18 years old, you entered the U.S. as an LPR
and one of your parents14 became a naturalized USC.
Acquired Citizenship
• If you were born outside of the U.S. and either of your parents was a USC when
you were born, then you may have acquired U.S. citizenship at the time of your
birth.15

Immigrant Defense Project website at http://www.nysda.org/idp/webPages/LvGPressroom.htm (last visited
Feb. 15, 2007). NYSDA generously allowed the JLM to reproduce this advisory for inclusion in this Chapter.
10. The law regarding U.S. citizenship can be complicated. You should definitely consult an attorney if
you believe you might be a USC. If you were born in the U.S. (and you are not the child of a foreign
diplomat), you are most likely a USC.
11. You are not necessarily a USC if you answer “yes” to any of these questions, but you should
investigate each of the possibilities before making any assumptions about your immigration status.
12. You may also be a USC if you were born on a ship or vessel while at a U.S. port, harbor, bay or sea,
or if you were born within a certain number of miles from the U.S. in U.S. territorial waters or within U.S.
airspace.
13. If you turned 18 years old before February 27, 2001, the new law does not apply to you. The law
applies prospectively only. This means that the new law only applies in the future for people who turned 18
years old after the laws went into effect. Before February 27, 2001, the laws regarding derivative citizenship are
much more complicated and you may have to meet many more requirements. You should consult an attorney
if you turned 18 years old before February 27, 2001 and believe you might be a USC. See Appendix E at the
end of this Chapter, which discusses derivative and acquired citizenship in greater detail.
14. This parent must also live with and have legal custody of you.
15. This may still be true if neither of your parents was born in the U.S., but at least one of your
grandparents was. This is a complicated area of immigration law. You should discuss the possibility that you
have acquired citizenship with an immigration attorney if you suspect that any of this applies to you.

4

A JAILHOUSE LAWYER’S MANUAL

Ch. I

If any of the above applies to you or if you think you might be a USC, you should tell your
immigration judge during your immigration court proceedings that you think you might be a USC.
You should also consult with an attorney or someone who may be able to assist you with your
citizenship claim and help you obtain the necessary evidence you will need to prove that you are a
USC.16 This is very important for immigration court proceedings because USCs cannot be deported
by the U.S. government.17 If none of the above applies to you, then you are probably not a USC and
you should determine whether you are an LPR or have another kind of legal status in the U.S.18
2. LPR Status
If you possess a green card19 or a resident alien card, then you most likely have LPR status.20 If you
did not enter the U.S. as an LPR but have, at some point during your time in the U.S., adjusted your
status to LPR status, you are now considered an LPR and this Part applies to you.
People with LPR status have the right to live and work in the U.S. indefinitely and can petition
certain family members (such as spouses and children) to live in the U.S. LPRs can also travel to and
from the U.S. without permission, but must apply for a reentry permit for trips that last longer than
one year.21 An LPR is entitled to apply to become a USC after five years.22 You can prove that you
are an LPR by showing any of the following: green card/resident alien card, I-551 stamp in foreign
passport or Form I-94 Arrival/Departure Record with a photo and stamp of “Temporary Evidence
of Permanent Resident Status, I-551.”
If you have LPR status, your status is indefinite even if the green card expires.23 Even though
your rights do not expire, your LPR status can be taken away. In other words, if you are an LPR and
never violate the law, then you always have the right to live, work and travel in and out of the U.S.
If, however, you are an LPR and commit (or have committed) certain types of crimes, you may face
16. If you are not yet in removal proceedings, you should contact your deportation officer and tell
him/her you think you might be a USC.
17. Even if you make a claim that you are a USC, you should still apply for other forms of relief. Just
because you think you have a strong claim for citizenship, it does not mean that a judge will agree and decide
in your favor. See Part F of this Chapter to determine the forms of relief for which you should apply.
18. According to the INA, everyone present in the U.S. is either a “national” as defined in INA §
101(a)(22); 8 U.S.C. § 1101(a)(22) (2000) or an “alien” as defined in INA § 101(a)(3); 8 U.S.C. § 1101(a)(3)
(2000).
19. Green cards are not actually green. They have been issued in many different colors in the past. It does
not make a difference what color your green card is.
20. One exception applies to some non-USCs who obtained their green card through marriage. If your
marriage to a USC occurred less than two years before you applied for your green card, you received a green
card for conditional permanent residency, which was valid for only two years from the date it was issued. If
you have one of these kinds of green cards and you never lifted the condition, then you do not have LPR status
and this section does not apply to you.
21. If you are an LPR and leave the U.S. for more than a year, however, you may be deemed to have
abandoned your immigration status.
22. If you obtained your LPR status through marriage to a USC and were married for three years at the
time your spouse petitioned for you, you may be eligible to apply for naturalization three years after obtaining
your LPR status. Therefore, the waiting period may be shorter for LPRs who obtained their status through
marriage.
23. In the past, green cards did not have expiration dates on them, but now they do. The expiration date
is usually 10 years after the card is issued. Even after the card expires, your status as an LPR does not expire. If
your green card has expired, you can file an application to renew it. However, if you have any criminal
convictions, you should consult an attorney before you file the application to find out about any consequences
you may face by filing the application. See Section C(3) of this Chapter, which explains the consequences of
filling out immigration applications if you have criminal convictions.

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IMMIGRATION LAW: THE IMMIGRATION CONSEQUENCES OF CRIMINAL ACTIVITY

5

deportation and your LPR status may be taken away.24 Even if you do face deportation because of a
criminal conviction, you may be eligible for a form of relief and, as a result, may be allowed to
remain in the U.S.25
3. Asylee/Refugee Status
Asylee or refugee status is a status given by the U.S. government to you if you apply for it and
show likelihood that you will be harmed or persecuted in your home country “because of . . . race,
religion, nationality, membership in a particular social group, or political opinion.”26 If you applied
for admission before entering the U.S., were granted a visa and then admitted into the U.S. you are a
refugee. An asylee, by contrast, first enters the U.S. either legally or illegally and is later granted
asylum.27 Both refugees and asylees can apply for adjustment of status to LPR status after they have
lived in the U.S. for one year.28
4. Parolee Status
The U.S. government allows parolees29 to physically enter the country for different reasons, such
as humanitarian reasons including, but not limited to, illness or because of home country conditions.
Sometimes the government sets a specific time for parolees to remain in the U.S. Other times, the
government allows parolees to stay in the U.S. indefinitely.30 Some parolees can apply for adjustment
of status after one year.31
5. Temporary Protected Status (“TPS”) 32
TPS is a form of temporary lawful status granted by the President of the U.S. (“President”) to
people from certain countries33 to which it would be very dangerous to return. Some of the situations
for which TPS is granted are armed conflict, environmental disasters or other extraordinary and
temporary conditions. The President reviews the conditions for which TPS was granted on a yearly
24. Criminal convictions are not the only way to lose your LPR status. For example, extended periods of
time outside of the U.S. may constitute abandonment of status. Assisting other immigrants to enter the U.S.,
using false documents or pretending to be a USC are some of the other ways in which you can lose your LPR
status.
25. See Part F of this Chapter for more information about applying for and obtaining forms of relief from
deportation.
26. INA § 241(b)(3)(A); 8 U.S.C. § 1231(b)(3)(A) (2000).
27. Asylum is granted under INA § 208; 8 U.S.C. § 1158 (2000).
28. INA § 209(a)(2); U.S.C. § 1159(a)(2) (2000); Adjustment of status will be discussed as a form of relief
from deportation in Part F of this Chapter but, for the purposes of this Part, it means that refugees and asylees
can apply for permanent status in the U.S. after one year. If you were once considered a refugee or asylee but
have already adjusted your status to LPR status, you are now considered an LPR and should read the Part
about LPR status.
29. The most common example of parolees is Mariel Cubans.
30. In this case, therefore, a parolee’s status would not expire, much like LPR status. However, parolee
status can be taken away for a variety of reasons, including criminal convictions.
31. Adjustment of status will be discussed as a form of relief from deportation in Part F of this Chapter
but, for the purposes of this Part, it means that a parolee can apply for permanent status in the U.S. after one
year. If you were once considered a parolee but have already adjusted your status to LPR status, you are now
considered an LPR and should read the Part about LPR status.
32. INA § 244; 8 U.S.C. § 1254a (2000).
33. Some nationalities with TPS include, but are not limited to, El Salvadorans, Nicaraguans,
Hondurans, Guatemalans, Somalis, Montserratians, Liberians, and Sudanese.

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basis. If he determines that the basis for TPS no longer applies, the TPS of that country expires and
those of you who have TPS for that particular country may face deportation.
6. Visas34
Visas are granted to non-USCs by a U.S. consul, authorizing a person to come to a U.S. port or
inspection point to apply to be admitted to the U.S.35 Visas are given for a specific purpose and a
specific period of time.36 For example, non-USCs who come into the U.S. with a nonimmigrant visa
may have a student or visitor visa for a specific period of time. Once either the purpose or time of
your visa expires, you have overstayed your visa and no longer have legal status in the U.S.37 For
example, if you come to the U.S. with a student visa and you are no longer a student, then your
status has expired and you are now illegally present in the U.S. You have no legal right to remain in
the U.S., which is enough of a reason to put you in removal proceedings. Therefore, if you are a visa
overstay, it does not matter whether you have been convicted of any crimes; the government can still
deport you.38
7. Entering without Inspection (“EWI”)39
If you have not been legally admitted into the U.S., you are in the U.S. illegally and may be
detained at one of the U.S. borders or other inspection points at any time. Some examples of EWI
include crossing one of the U.S. borders without being detected or using someone else’s passport or
documentation to enter the U.S. Like visa overstays, EWIs can be deported simply because they have
no legal status in the U.S.40
At this point, you should know your immigration status in the U.S. Next, you should determine
how the government placed you in removal proceedings. Even if you have not yet been placed in
removal proceedings, you should read the next Part, Part C. If you are serving a criminal prison
sentence and are a non-USC, you will most likely face removal proceedings at some point in the near
future.

C. How the Government Places You in Removal Proceedings
The government has the right to place non-USCs in removal proceedings because of criminal
convictions, even if the non-USC is in the U.S. legally, has worked, paid taxes, and has USC family
34. Immigrant visas are defined in INA § 101(a)(16); 8 U.S.C. § 1101(a)(16) (2000).
35. INA § 221(a); 8 U.S.C. § 1201(a) (2000) discusses the issuance of visas. Visas do not necessarily
constitute permission to come into the U.S. Instead, they actually give a person permission to travel to the
U.S. and apply for admission at the border. An immigration officer at the border who disagrees with the
consular’s determination that the visa-holder should be allowed into the U.S. can deny this person entrance
into the U.S. This rarely happens, but is nevertheless important.
36. INA § 221(c); 8 U.S.C. § 1201(c) (2000) discusses the period of validity for visas.
37. Under INA § 222(g); 8 U.S.C. § 1202(g) (2000), a nonimmigrant visa is void as soon as the
nonimmigrant alien “remain[s] in the United States beyond the period of stay authorized by the Attorney
General.” Aliens affected by this provision are precluded from seeking a new nonimmigrant visa at any post
other than in their country of nationality, except under certain “extraordinary circumstances.” For the
purposes of this Chapter, we will refer to these people as “visa overstays.”
38. However, your conviction or deportation can affect your ability to return to the U.S. in the future.
39. EWI is not actually an immigration status and therefore, it is slightly misleading to include it in this
Part. Many people who face removal proceedings, however, have entered the U.S. without inspection and are
therefore removable on that fact alone.
40. One difference between EWIs and visa overstays, however, is that EWIs were never legally admitted
into the U.S., whereas visa overstays had legal status at some point.

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members (including children). You may wonder how the government finds out about the non-USCs
who have criminal convictions and places them in removal proceedings. There are four main ways
that people are placed in removal proceedings: (1) stopped at the airport after traveling abroad; (2)
interviewed while in jail/prison; (3) immigration applications; and (4) prior orders of deportation.
1. Stopped at the Airport after Traveling Abroad
If you are a non-USC and you travel abroad, you must go through a customs inspection
conducted by DHS and attempt to reenter the U.S. In the past, many non-USCs traveled to their
home countries and returned to the U.S. without facing any immigration problems. However, DHS is
now enforcing the laws much more strictly. The government now regularly updates its computers at
inspection points, especially airports. These computers have access to criminal records and prior
deportation orders, among other things. Therefore, if a DHS officer at the airport or other inspection
point finds that you have a criminal conviction or prior deportation orders, you may be detained or
given a deferred inspection appointment.41 DHS will then likely start removal proceedings against you.42
Because there is no statute of limitations under immigration laws, you may face serious
immigration consequences for your criminal convictions or prior deportation orders, even if they
occurred many years ago. If you are a non-USC and have a criminal conviction, you should consult
an attorney before traveling abroad to make sure that you will be able to reenter the U.S. without
facing any immigration consequences.
2. Interviewed While in Jail or Prison
There are DHS officers at most jails and state prisons. If you are a non-USC serving a criminal
sentence in a jail or state prison, you will likely be interviewed at some point during your
imprisonment by a DHS officer who will ask you about your immigration status. You may not even
realize that it is a DHS officer that is interviewing you. On the basis of this interview and other
information they collect, the DHS officers may find a reason to place you in removal proceedings.
Once a DHS officer interviews you, he/she will place a detainer on you. Basically, a detainer is a
hold that the government places on you. Because this detainer has been placed on you, you will not
be released once your bail is paid or your prison sentence is complete, as would be the case if you
were a USC. Instead, the government will detain you (sometimes beyond your criminal prison
sentence) for immigration purposes.43 In other words, you will either (a) complete your criminal
sentence in a jail or prison, then be moved to a DHS detention center or a jail or prison contracting
41. Basically, if an immigration officer at a U.S. inspection point finds that you have criminal convictions
and are likely to face removal proceedings, he/she may give you a deferred inspection appointment. This
means that you will be allowed to enter the U.S. and are expected to appear at your immigration court date,
which will be set at a later time. You will eventually receive your Notice to Appear (“NTA”). The NTA is
discussed in greater detail in Section E(1) of this Chapter. If you do not receive the NTA, you should call 1800-898-7180 and enter your Alien Registration Number to see if your court date has been set.
42. If you were in prison after October 1998 for your conviction, you may be subject to mandatory
detention. This means you may be detained at the airport or point of inspection and be forced to defend your
immigration case from inside the DHS detention center or a prison or jail contracting with DHS. See Part H of
this Chapter which discusses detention in greater detail.
43. State and local law enforcement authorities may only hold persons on immigration detainers for 48
hours after the completion of their jail time. This means that once you have completed your criminal sentence,
DHS must take you into custody for immigration purposes within two days. DHS frequently violates this
provision. Therefore, if DHS does not take you into custody within 48 hours after the completion of your
prison sentence, you should contact your criminal defense attorney and ask him/her to file a writ of habeas
corpus with the state court demanding your release from immigration detention.

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with DHS44 where you will face deportation or (b) you will have to defend your removal proceedings
while you are completing your criminal sentence in a jail or prison. If you win your immigration
case, you will then be released at the end of your criminal prison sentence, but if you lose your
immigration case, DHS will detain you until they can deport you to your home country.
3. Immigration Applications
Another way in which the government can place you in removal proceedings is when you file any
immigration application. Most, if not all, applications 45 to the United States Citizenship and
Immigration Services (“CIS”) now require security clearances and/or fingerprints as part of the
application process. Once CIS has received your immigration application, it determines whether you
have any criminal convictions that occurred anywhere in the U.S., even if they occurred a long time
ago. In other words, when you submit an application and your fingerprints to CIS, they are able to
obtain a list of all your criminal convictions, regardless of when or where they occurred. If you have
a criminal conviction that makes you deportable or inadmissible46, your application will likely be
denied and you may be placed in removal proceedings.
4. Prior Orders of Deportation
DHS also apprehends people who live in the U.S. and have prior deportation orders. Even if you
do not know that you have been ordered deported in the past or your deportation order was entered
many years ago, it is still a problem. If you were ever in immigration court proceedings and you did
not appear for your scheduled court date, you may have been ordered deported in your absence.47
Persons with prior deportation orders have been entered onto a national absconder list. Local law
enforcement (such as police officers) helps immigration officers catch the people on this list. This can
happen anywhere, even if you are stopped for a traffic violation.
Now that you have determined your immigration status and how you were placed in removal
proceedings, you should find out whether you are removable under inadmissibility or deportability
grounds.

D. Inadmissibility and Deportability
Depending on the facts of your case, you may face removal proceedings under inadmissibility
grounds or deportability grounds.48 This means that you will either be “inadmissible” or “deportable.”
Basically, you are deportable if you are lawfully present in the U.S. when DHS starts removal
proceedings against you. You may be inadmissible if you are found to be unlawfully present in the
U.S. or if you are stopped while attempting to enter the U.S. (at a border, port or inspection point).
People without any legal status (“EWIs”) are considered inadmissible. Although LPRs have legal
status, they too can be considered inadmissible if they are stopped while attempting to reenter the
44. At this point, you are no longer considered a prisoner. You are an immigration detainee. Although
some detainees are held in regular prisons, immigration detainees have fewer rights than prisoners.
45. These include, but are not limited to, applications for U.S. citizenship, renewal of green cards,
employment authorizations and petitions for family members.
46. Grounds for deportability and inadmissibility will be discussed in greater detail in Part D of this
Chapter.
47. Part E of this Chapter describes the consequences of not appearing for your scheduled immigration
court hearings. Part G of this Chapter explains how you may be able to file a motion to reopen your
immigration case due to failure to appear.
48. The difference between deportability and inadmissibility may seem trivial, but the category you fall
into will determine which forms of relief are available to you.

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U.S. after a trip abroad.49 If you have been given a deferred inspection appointment50 or are in a DHS
detention center after attempting to enter the U.S. illegally (or reenter the U.S. if you are an LPR),
you may be inadmissible. Because most of the readers of this Chapter are prisoners, however, it is
more likely than not that you are deportable not only because you were legally present in the U.S at
the time DHS began removal proceedings against you, but also because of your criminal convictions.
Before we move on to discuss deportability and inadmissibility, you should understand how a
conviction is defined for immigration purposes. The definition of “conviction” for immigration
purposes is different from the definition in criminal law. In fact, the immigration definition is much
broader and many more criminal acts may be considered convictions under immigration law even
though they are not considered convictions in criminal law.
1. Convictions
(a) What Is a Criminal Conviction?
For the purposes of removal proceedings, the term conviction means that a formal judgment of
guilt has been entered by a court in your case. If a formal judgment has not yet been entered, you
may still be “convicted” if (i) a judge or a jury has found you guilty or you have entered a plea of
guilty or nolo contendere51 or you have admitted sufficient facts to warrant a finding of guilt and (ii)
the judge has ordered some form of punishment, penalty, fine, community service or restraint on
your liberty to be imposed.52 In other words, if you were found guilty or you admitted sufficient facts
of your guilt and you have somehow been punished for your actions, you probably have a
conviction for the purposes of your immigration court proceedings.
Since the definition of conviction changed in 1996, the courts have been determining which
criminal convictions are considered convictions for immigration purposes. Some convictions are no
longer considered convictions in criminal court, but are still considered convictions for the purposes
of removal proceedings. For example:
•

Deferred adjudications are convictions that are given in “specialized courts” (i.e.,
drug courts, domestic violence courts) whereby a judge accepts the defendant’s
plea and orders treatment. Upon completion of this treatment, the judge vacates
or reduces the defendant’s original plea. Therefore, the conviction is vacated or
reduced for criminal purposes. However, the initial plea combined with the
judge’s order to attend a program is still considered a conviction for immigration
purposes.53

49. This may seem confusing, but every time you travel abroad and attempt to reenter the U.S., you are
essentially asking the government for permission to be readmitted into the U.S.
50. A deferred inspection appointment is an appointment at your local DHS office in which DHS will
continue the interview they began at the airport or inspection point. DHS usually takes your green card and
passport from you in anticipation of your removal proceedings. At the deferred inspection appointment, DHS
will generally give you the Notice to Appear (“NTA”) that will begin the removal proceedings against you. See
Section E(1) of this Chapter which discusses the NTA in greater detail.
51. Nolo contendere literally means “no contest.” This plea is technically not an admission of guilt, but it is
enough of an admission to subject the defendant to criminal punishment and to warrant immigration
consequences. Black’s Law Dictionary 1074 (8th ed. 2004)
52. INA § 101(a)(48); 8 U.S.C. § 1101(a)(48) (2000).
53. In re Salazar-Regino, 23 I. & N. Dec. 223 (BIA 2002).

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•

Ch. I

The Second Circuit has held that an expungement of a non-drug offense may be a
conviction for immigration purposes.54
Convictions that are vacated for reasons solely related to rehabilitation or
immigration hardships, rather than because of procedural or substantive defects
in the underlying criminal proceedings, may still be considered convictions for
immigration purposes.55

The following are not considered convictions for the purposes of removal proceedings:
•
•
•

Youthful offender adjudications are not convictions for immigration purposes.56
A conviction that a trial or appeals court vacates because it was legally defective is
not a conviction for immigration purposes.57
A disorderly conduct violation is not considered a conviction for immigration
purposes.

(b) How Do I Know if I Have any Criminal Convictions?
It is important that you know when and how many times you have been arrested because any
arrest in your record needs to be analyzed to determine if it is a conviction according to the
immigration definition of conviction set forth above. You, your attorney, or a friend should obtain
certificates of disposition 58 or a comprehensive rap sheet. 59 You can obtain certificates of disposition
from the criminal courts in which you were convicted. These documents will give you information
about what happened in your criminal court proceedings and will indicate what your convictions
and punishments were. Once you know and understand this information, you can determine what
immigration consequences you might face.
Your rap sheet and certificates of disposition will not only help you determine what immigration
consequences you may face, but also what forms of relief may be available to you because some
criminal convictions bar (or stop) you from getting certain forms of relief. The following may also
play a role in determining the forms of relief available to you: your particular criminal sentence or
punishment (how much jail time the judge ordered you to serve, even if it was suspended); the
maximum penalty possible for your conviction (how much jail time the judge could have ordered you
to serve, even if you received less); and whether you were given a suspended sentence or parole.
54. Mugalli v. Ashcroft, 258 F.3d 52 (2d Cir. 2001) (examining New York State Certificate of Relief from
Disabilities provision).
55. In re Christopher Pickering, 23 I. & N. Dec. 621 (BIA 2003).
56. In re Devison, 22 I. & N. Dec. 1362 (BIA 2000); In re Ramirez-Rivero, 18 I. & N. Dec. 135 (BIA
1981).
57. In re Rodriguez-Ruiz, 22 I. & N. Dec. 1378 (BIA 2000); In re Sirhan, 13 I. & N. Dec. 592 (BIA 1970).
58. In New York, a certificate of disposition is an official court document that contains the Court Seal
and indicates the disposition (or what determination the judge made) of the case. This document may have a
different name in other states. If your criminal court case occurred in a state outside of New York, you should
obtain the equivalent court documents that indicates the result of your case.
59. The Legal Action Center, http://www.lac.org/ (last visited Feb. 15, 2007), can help you obtain your
rap sheet if you are unable to do so on your own. Although this is only applicable to people in New York, the
following website describes the process of obtaining and cleaning up a rap sheet:
http://www.hirenetwork.org/pdfs/NYS_Rap_Sheet_Final.pdf (last visited Feb. 15, 2007). Also, this website
describes the process of obtaining all kinds of documentation, such as marriage certificates, social security
cards, etc: http://www.hirenetwork.org/pdfs/How%20to%20obtain%20important%20docu%209-11-03.pdf
(last visited Feb. 15, 2007). Appendix D at the end of this Chapter includes more resources and websites, most
of which will be helpful nationwide.

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If your criminal case is still pending, you should discuss the immigration consequences that may
result from it with your criminal defense attorney. Make sure that he/she understands how the result
of your criminal court case may affect your ability to remain in the U.S. Because criminal law is
different from immigration law, some criminal defense attorneys are unaware of the severe
consequences of criminal convictions on immigration court hearings.60
2. Deportability61
The following crimes make you deportable, although you may avoid deportation if you qualify for
one of the forms of relief described in Part F of this Chapter:
(a) Aggravated Felony
This is the worst category of crimes because being convicted of an aggravated felony (1) makes
you ineligible for most forms of relief and (2) subjects you to mandatory detention. 62 The term
aggravated felony is a term created for the purposes of immigration law and has no connection to the
definition of “felony” in state or federal criminal law. Therefore, even if your criminal conviction
was not called a “felony” under state law, it may still be considered an aggravated felony for the
purposes of your immigration court proceedings. For example, some state misdemeanor convictions
can be considered aggravated felonies. 63 However, sometimes a state felony conviction is not
considered an aggravated felony. Furthermore, many crimes become aggravated felonies if the
sentence imposed is for one year or more (even if it is a suspended sentence). This is why it is
important to know not only what your convictions are but also how long your sentence was. Other
crimes are aggravated felonies regardless of what the sentence was.
(i) What is an aggravated felony?

60. It is also important for you to realize that anything you say during your immigration court
proceedings can be used against you in your pending criminal case. Therefore, if you are in immigration court
and your criminal court proceedings are not complete, you should discuss your case with your criminal
defense attorney before making any admissions of guilt. If, however, you have already been convicted of a
crime, you should not deny your guilt during your immigration court proceedings. Judges are more likely to
grant relief to people who admit that they have done wrong in the past, but have improved their lives or have
been rehabilitated. Part F of this Chapter discusses the importance of rehabilitation for obtaining certain forms
of relief.
61. The burden is on the government to prove deportability. If you are facing removal as a lawful resident
who has been admitted into the U.S., the burden is on the government to show “by clear and convincing
evidence” that you are deportable. This is not a very difficult burden for the government to overcome,
however. To establish deportability, the government can use any official criminal court records to prove that
you have been convicted of criminal violations. See In re Sweetser, 22 I. & N. Dec. 709 (BIA 1999) for a list of
documents that can be used as a record of conviction for analysis. If these crimes fall in the group of deportable
crimes, the government will begin removal proceedings. For more information about the procedural steps of
immigration court proceedings (especially removal proceedings), see Part E of this Chapter, which goes
through the process from beginning to end.
62. Mandatory detention will be discussed in greater detail in Part H of this Chapter.
63. An example is United States v. Graham, 169 F.3d 787 (3d Cir. 1999), which held that a state
misdemeanor conviction constituted an aggravated felony under INA § 101(a)(43)(G); 8 U.S.C. §
1101(a)(43)(G) (2000).

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An aggravated felony is defined in the INA.64 Examples of aggravated felonies are:
•

•
•
•
•

•
•
•
•
•
•
•

crimes of violence for which the penalty was at least one year;65
o If physical force was used or most likely could have been used in
committing the crime, the crime may be considered a crime of violence,
and therefore, an aggravated felony.
murder;
rape;
sexual abuse of a minor;66
drug trafficking;
o The state of drug trafficking is still in flux. A felony drug sale or a felony
drug possession with intent to sell are both considered aggravated felonies.
The Supreme Court recently held that a first-time state felony drug
possession is not an aggravated felony.67 A first-time misdemeanor
possession is also not an aggravated felony.68 The law is not clear yet on
whether two or more misdemeanor possessions or misdemeanor sales
can be considered aggravated felonies.69
firearms trafficking;70
theft or burglary for which the penalty imposed is imprisonment for at least one
year;71
child pornography;
prostitution business;72
crime of fraud or deceit or tax evasion if the loss to the victim73 exceeds
$10,000;74
some types of money laundering in excess of $10,000;
failure to appear for service of sentence;75

64. INA § 101 (a)(43)(A) through INA § 101(a)(43)(U); 8 U.S.C. § 1101(a)(43)(A) through 8 U.S.C. §
1101(a)(43)(U) (2000).
65. Crimes of violence are offenses that have as an element the use, attempted use, or threatened use of
physical force against another person or property of another. A crime of violence can also be any other offense
that is a felony and by its nature involves a risk that physical force may be used against the person or property
of another in the process of committing the offense.
66. Sexual abuse of a minor can be a felony or class A misdemeanor. Either one is defined as an
aggravated felony for immigration purposes. State sex offenses involving a minor may not be considered
“sexual abuse of a minor” if they do not contain the same elements as the federal offense of sexual abuse of a
minor.
67. United States v. Gonzalez-Lopez, 548 U.S. __, 126 S. Ct. 2557, 165 L. Ed. 2d 409 (2006).
68. You should research recent cases on this matter to determine the current law.
69. See Appendix F at the end of this Chapter for a practice advisory on the current law, generously
provided to the JLM by New York State Defenders Association (“NYSDA”) Immigrant Defense Project. The
advisement
can
also
be
found
on
the
NYSDA
website
at
http://www.nysda.org/idp/docs/06_PostLopezAdvisoryforRemovalDefense%2012%207%2006.pdf
(last
visited Feb. 15, 2007).
70. Both the sale and distribution of firearms are considered aggravated felonies.
71. Regardless of whether the conviction was a misdemeanor or a felony, both types of theft or burglary
are considered aggravated felonies as long as the penalty imposed was at least one year of prison time.
72. Prostitution business constitutes any crime related to owning, controlling, managing or supervising a
prostitution business.
73. For the purposes of tax evasion, the “victim” is the government.
74. An offense may not be fraud or deceit unless fraud or deceit is a necessary or proven element of the
crime.

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•
•
•
•
•

13

crime related to commercial bribery;76
crime relating to obstruction of justice, perjury or subornation of perjury, or
bribery of a witness, where the penalty imposed is one year or more in prison
(felony or misdemeanor);
smuggling aliens;77
conviction related to failure to appear before a court on a felony charge that
could result in a sentence of two or more years; or
an attempt or conspiracy to commit any of the above.

(b) Not Aggravated Felonies, But Deportable Offenses
The following are other crimes that could make you deportable, although they are not aggravated
felonies:78
(i) Controlled Substance Offenses
If you have been convicted of a controlled substance offense, other than a single offense involving
possession of thirty grams or less of marijuana for your own use, 79 you may be deportable. 80
Conviction for a conspiracy or an attempt to possess, distribute, or manufacture a controlled
substance is also a deportable offense.81
(ii) Crime Involving Moral Turpitude (“CIMT”)82
CIMTs are not defined by statute but have been defined by case law (in the courts) as “inherently
base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between
persons or to society in general.”83
There are various categories of CIMTs, which include, but are not limited to: crimes in which an
intent to steal or defraud is an element; crimes in which bodily harm is caused or threatened by an
intentional or willful act; crimes in which serious bodily harm is caused or threatened by a reckless
act; and sex offenses. To determine whether or not you have been convicted of a CIMT, the judge
75. This is an aggravated felony if the underlying offense is punishable for a term or five years or more.
76. Some examples of this include counterfeiting, forgery or trafficking in cars with altered vehicle
identification numbers, where the penalty imposed is imprisonment for one year or more (felony or
misdemeanor).
77. You can be placed in removal proceedings for smuggling non-USCs even if you have not been
criminally convicted of smuggling. In that case, it is probably not considered an aggravated felony for
immigration purposes. You might be eligible for a waiver if it is your first offense and you assisted your
spouse, child or parent.
78. Other crimes besides the ones listed can make you deportable, such as failure to register and
falsification of documents, INA § 237 (a)(3)(A); 8 U.S.C. § 1227(a)(3)(A) (2000), security and related grounds,
INA § 237 (a)(4); 8 U.S.C. § 1227(a)(4) (2000), and being a public charge or an unlawful voter. INA § 237
(a)(5), (6); 8 U.S.C. § 1227(a)(5), (6) (2000).
79. If you are currently in criminal proceedings and are able to prove that you possessed 30 grams or less
of marijuana for your own use and this is your only crime, you should tell your criminal defense attorney that
this should be reflected in the criminal court record. Otherwise, even if you prove in your criminal proceedings
that you possessed 30 grams or less for your personal use, it will not automatically be reflected in the record
and you may still face immigration consequences for the conviction.
80. INA § 237(a)(2)(B)(i); 8 U.S.C. § 1227(a)(2)(B)(i) (2000).
81. INA § 237(a)(2)(B)(i) 8 U.S.C. § 1227(a)(2)(B)(i) (2000).
82. INA § 237(a)(2)(A)(i); 8 U.S.C. § 1227(a)(2)(A)(i) (2000).
83. Rodriguez v. Gonzales, 451 F.3d 60, 63 (2d. Cir. 2006).

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will look at the elements of the crime of which you have been convicted (your crime). These
elements are found in the statute that defines the crime. If certain elements (such as the intent to
steal or defraud mentioned above) are included in the definition of your crime, the judge will
consider your crime a CIMT. Therefore, courts will not necessarily look to the particular facts of
your case to determine whether you have been convicted of a CIMT, but to the statute that defines
the crime and its elements.
Some examples of CIMTs are voluntary manslaughter, involuntary manslaughter, tax evasion,
aggravated assault, sexual abuse, spousal abuse, breaking and entering, kidnapping and arson,
involving either theft or fraud (including welfare fraud and student loan fraud). Because CIMTs have
been defined by case law, it is important to consult with your criminal defense attorney before taking
a plea bargain. Remember that if you take a plea and confess to committing a crime that can be
defined as a CIMT, you may face serious immigration consequences. By speaking to your attorney,
you may be able to change your plea and avoid deportation in the future.
If you have been convicted of one CIMT within five years of the date of your admission to the
U.S. and the judge could have sentenced you based on your crime to a prison term of one year or
more, you may be deportable.84 It does not matter what your actual sentence was, as long as the
judge could have sentenced you to one year or more. If you are convicted of only one CIMT but more
than five years have passed since you were admitted to the U.S., you cannot be deported. If,
however, you have been convicted of two CIMTs that do not arise out of a single scheme any time
after you were admitted into the U.S., you may also be deportable.85
(iii) Certain Firearms Offenses
If you have been convicted of certain firearms offenses, you may be deportable.86
(iv) Domestic Violence Crimes
If you have been convicted of domestic violence crimes, including a violation of an order of
protection, stalking or crimes against children, you may be deportable.87
(v) High Speed Flight
If you are convicted of high speed flight from an immigration checkpoint or inspection point, you
are deportable.88
3. Inadmissibility89
You are inadmissible if you do not have permission to enter the U.S. or if you entered the U.S.
illegally at some point and are currently unlawfully present in the U.S. You may also be found to be
inadmissible any time you seek permission to enter the U.S., even if you are an LPR returning from a
trip abroad. Thus, inadmissibility can apply without criminal convictions. The focus, however, of

84. INA § 237 (a)(2)(A)(i)(I), INA § 237(a)(2)(A)(i)(II); 8 U.S.C. § 1227(a)(2)(A)(i)(I), 8 U.S.C. §
1227(a)(2)(A)(i)(II) (2000).
85. INA § 237 (a)(2)(A)(ii); 8 U.S.C. § 1227(a)(2)(A)(ii) (2000).
86. INA § 237 (a)(2)(C); 8 U.S.C. § 1227(a)(2)(C) (2000).
87. INA § 237 (a)(2)(E); 8 U.S.C. § 1227(a)(2)(E) (2000).
88. INA § 237(a)(2)(A)(iv); 8 U.S.C. § 1227(a)(2)(A)(iv) (2000).
89. INA § 212; 8 U.S.C. § 1182 (2000).

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this Section will be individuals who are inadmissible because of criminal convictions. The following
Subsection describes the criminal grounds (or reasons) for inadmissibility.
(a) Criminal Grounds for Inadmissibility
There are many grounds of inadmissibility. 90 Criminal grounds for inadmissibility are usually
raised when an LPR with criminal convictions travels abroad and is stopped at U.S. customs upon
return. This individual would have been deportable if already in the U.S. but attempting to reenter
the U.S. subjects him/her to inadmissibility. Basically, if you are an LPR with criminal convictions
who is stopped at an inspection point after a trip abroad, you are probably facing inadmissibility
grounds in your removal proceedings.
The criminal grounds for inadmissibility are similar to those for deportability, although the forms
of relief available to those who are subject to inadmissibility may be different. The following criminal
convictions will make you subject to inadmissibility:
(i) CIMTs
For the purposes of inadmissibility, CIMTs are defined in the same way they are defined for
deportability. (Read Subsection D(2)(b)(ii), above.) However, if you have only been convicted of one
CIMT, you may qualify for one of the following exceptions and you may not be inadmissible:
•

•

petty offense exception 1: you must have only been convicted of one CIMT and the
maximum possible penalty for the crime (the maximum amount of time the
judge could have sentenced you to) cannot exceed one year in prison and you
must not have actually been sentenced to more than six months in prison.
petty offense exception 2: If the crime was committed when you were under 18
years old and you were only convicted of one CIMT and the crime was
committed more than five years before your application for admission,91 then you
may qualify for to the second exception.

(ii) Two or More Criminal Convictions
Two or more criminal convictions (regardless of whether the crimes arose from a single scheme
and regardless of whether the crimes were CIMTs or not) with an aggregate prison sentence of five
years or more;

90. INA § 212(a); 8 U.S.C. § 1182(a) (2000); you might not be admissible if you have been convicted of
certain crimes or acts (either outside or inside the U.S.) as discussed further in this Part. Here are some of the
other reasons why you may be inadmissible: you have certain communicable diseases—like tuberculosis
(“TB”) or human immunodeficiency virus (“HIV”); you have a controlled substance addiction; you have a
mental illness; you have immigration violations such as unlawful presence in the U.S.; you lied about a
material fact in order to obtain an immigration benefit (you lied on your application for example); you have a
past deportation order or entered the U.S. without valid documents; you are a public charge, meaning that you
are likely to become dependent on public benefits as your main source of income. In other words, if you are
likely to request government (public) assistance, you are probably going to be considered a public charge for
these purposes.
91. See also INA § 212(a); 8 U.S.C. § 1182(a) (2000) (listing grounds of inadmissibility).

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(iii) Any Controlled Substance Offense
There is no exception for a single offense for thirty grams or less of marijuana for personal use, as
there was under deportability.
(iv) Detained by Customs Officials During Your First Attempt to Enter the U.S.
(v) You Have Ever Entered the U.S. Without Inspection.
When removal proceedings take place under inadmissibility, the burden is on you to show, if
applying to enter the U.S., that you are “clearly and without doubt entitled to be admitted” and not
inadmissible or, if already present in the U.S., “by clear and convincing evidence” that you were
lawfully admitted.
Now that you know your immigration status, how you were placed in removal proceedings and
under which grounds—deportability or inadmissibility, you should read the following Part to get an
idea of what actually happens in immigration court, or the chronological process of removal
proceedings.

E. Removal Proceedings
This Part covers the step-by-step process of your actual removal proceedings. Your case will be
heard in an administrative court with authority to hear only immigration cases, called an immigration
court. 92 Removal proceedings must be conducted by an immigration judge,93 except in the case of
expedited removal.94 An attorney from ICE, referred to as assistant chief counsel, will represent the
government in your removal proceedings. These attorneys take immigration cases that involve
criminal convictions very seriously and will generally vigorously fight these cases on the
government’s behalf.
1. Notice to Appear (“NTA”)
Removal proceedings begin with an NTA, a document that the government gives both to you and
to the court. The NTA explains why you should be deported from the U.S. and usually provides you
with your first court date.95 The NTA is sent to your last known address, even if you no longer live
there. If you are placed in a DHS detention center, DHS is supposed to give you the NTA within
seventy-two hours of your detention.
92. If you are still serving your prison sentence, the Institutional Hearing Program (“IHP”) may apply to
you. The IHP was designed in order to expedite the deportation of non-USCs with criminal convictions.
Therefore, the IHP enables the government to ensure your deportation as soon as you are released from prison
by conducting its investigations and hearings and even order you deported while you are still incarcerated.
You can find a list of the various immigration courts (including their addresses and phone numbers)
throughout the U.S. on the EOIR website at http://www.usdoj.gov/eoir/sibpages/ICadr.htm (last visited
Feb. 2007).
93. INA § 240(a)(1); 8 U.S.C. § 1229a(a)(1) (2000). Note “immigration judge” is defined in INA §
101(b)(4); 8 U.S.C. § 1101(b)(4) (2000).
94. If you attempt to enter the U.S. by using fraud or without valid documentation, you may be deported
without having a hearing (expedited removal), unless you claim asylum, have a fear of persecution, or claim to
be an LPR. INA § 235(b)(1)(B)(iii)(I); 8 U.S.C. § 1225(b)(1)(B)(iii)(I) (2000).
95. Sometimes, you will be served with an NTA that says “to be calendared.” This means that you will
get a Notice of Hearing in the near future giving you a court date. You can also call 1-800-898-7180 and enter
your Alien Registration Number to see if your court date has been set.

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The NTA is divided into two parts. The first part is called “Allegations” and includes your name,
your home country, the date you entered the U.S. and how you entered the U.S. Here, the
government gives the factual reasons for wanting to deport you from the U.S. The second part of the
NTA is called “Charges” and gives the legal reasons for your removal. In the NTA, the government
must tell you all of the following:96
•
•
•
•
•

the nature of the removal proceedings against you;
the laws that you allegedly violated;
what you did to violate the law(s);
the consequences of not appearing at your hearing; and
the time and place of your court proceeding.

Make sure to check the NTA carefully for accuracy. For example, you should make sure that all
of the names, dates and addresses are correct. You should also verify that your criminal convictions
have been listed correctly. These may seem like unimportant details, but they can make significant
differences in your removal proceedings, including whether you are subject to mandatory detention and
the forms of relief for which you may be eligible.97 If any of the facts in the NTA are not true, you
should deny the charges or allegations and demand that the government provide proof of them.
2. Immigration Court
It is extremely important that you appear at all of your immigration court dates. You cannot
send someone (even your attorney) to appear in your place. If you do not appear at your scheduled
hearing, the hearing will be held in absentia (in your absence) and you will likely be ordered
deported. In this situation, all the government has to do is prove: (1) that the NTA was properly
served on you;98 and (2) that you are removable.99 If you miss your court hearing, you may move to
reopen the case, but only if you: (1) show “exceptional circumstances” for being absent; (2) prove
that you did not receive notice; or (3) prove that you were in state or federal custody.100
3. Master Calendar Hearing
Removal proceedings begin with a master calendar hearing, which is similar to an arraignment in
criminal court. The master calendar hearing, which can take place in person, through video
conference, or even on the telephone, 101 is the first time you appear in front of the judge in
immigration court (although you may appear at several master calendar hearings). In the master
calendar hearing, the basic facts of your case will be reviewed briefly. The judge will take the pleadings

96. INA § 239(a)(1); 8 U.S.C. § 1229 (2000).
97. Mandatory detention is discussed in greater detail in Part H of this Chapter. Forms of relief are
discussed in Part F of this Chapter.
98. According to INA § 239(a)(1); 8 U.S.C. § 1229(a)(1) (2000), “notice shall be given … in person to the
alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of
record …).”
99. INA § 240(b)(5)(A); 8 U.S.C. § 1229a(b)(5)(A) (2000).
100. INA § 240(b)(5)(C); 8 U.S.C. § 1229a(b)(5)(C) (2000); Also see Part G of this Chapter for more
information about motions to reopen. Motions to reopen are not necessarily easy to obtain, especially since
“exceptional circumstances” usually mean serious illness that caused emergency hospitalization or death of a
family member.
101. INA § 240(b)(2)(A); 8 U.S.C. § 1229a(b)(2)(A) (2000).

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(discussed below), confirm that you are subject to deportation as the government has claimed102 and
identify the forms of relief for which you are eligible to apply, if any. If the judge determines that you
are not eligible for any form of relief, the judge may order you deported at a master calendar hearing.
The judge will hear anywhere from a few to over fifty cases at the master calendar hearing.
Therefore, these hearings are not usually very long. There are several reasons why a judge might
adjourn the hearing for another master calendar hearing. If you are eligible for a form of relief, the next
court date after all of your master calendar hearings is the individual hearing, which will be discussed
in more detail below.
(a) Reasons for Adjournment
(i) You Need Time to Find an Attorney
Although you are entitled to have an attorney represent you for your immigration court
proceedings, you do not have the right to a free attorney provided by the government.103 Instead, you
must obtain an attorney on your own. You should ask the court for a list of organizations that
provide low- or no- cost legal services.104 The judge will adjourn your first master calendar hearing for
another date to give you time to find an attorney. If you have not found an attorney by the second
master calendar hearing, the judge may allow you more time to find an attorney or he/she may
proceed with your case and you may have to represent yourself. If you are ineligible for any forms of
relief, the judge may order you deported at this second master calendar hearing.
(ii) You Need Time to Fill Out Your Application for Relief
At the master calendar hearing, the judge may tell you the forms of relief for which you may be
eligible, but you should be ready to state which one of the forms of relief you are seeking and bring its
corresponding application with you, if possible.105 Otherwise, you should ask for an adjournment,
which will give you more time to fill out the application. The judge should adjourn your case for
another master calendar hearing.
(iii) You Need Time to Appeal a Criminal Conviction
If you are currently appealing your criminal conviction, you should notify the immigration
judge. In general, a conviction that is pending on direct appeal is not a final conviction.106 This is
important because the government can only rely on final convictions when it uses criminal
convictions as the basis for deporting non-USCs from the U.S. You must have exhausted all of your
direct appeal rights for a criminal conviction before the U.S. government can deport you.

102. This does not mean that the judge will decide whether you will be deported. She/He will just
confirm that you are eligible for deportation. If, however, the judge finds that you are not eligible for any forms
of relief, she/he may order you deported right at the master calendar hearing.
103. Unlike criminal court proceedings, the government will not assign a free attorney to you. If you
cannot find one on your own you will have to proceed without one.
104. Appendix D at the end of this Chapter includes a list of providers of legal services.
105. See Part F of this Chapter for more information regarding forms of relief and which applications
correspond to the forms of relief you are seeking.
106. If your case is on direct appeal, you should notify the immigration judge immediately and request
that the immigration case against you be terminated.

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(iv) You Want a Change of Venue
If you are facing removal proceedings outside of your home state, you may apply for a change of
venue to move your removal proceedings to a more convenient location. You can apply for a change of
venue at any time during your case, but the judge is more likely to grant you your request if you
apply early. If you plan to request a change of venue, you should do so at the master calendar hearing.
You may want to request a change of venue if moving to a court closer to your home would lessen
hardships. Distance can be difficult if you are seeking a form of relief and would like to bring
witnesses to testify in the court hearing on your behalf. Official records are also harder to obtain at
great distances. The judge will consider these and other factors in determining whether to move your
case. If you are detained by the government and subject to mandatory detention, it is very unlikely
that you will be transferred to another state unless the government agrees. The courts have given
great weight to the government’s right to detain you wherever they have detention space available,
which may not be in or near your home state. Therefore, if you are detained, it is highly unlikely
that your request for a change of venue will be granted.107
Whether or not you have an attorney, the judge can still take the pleadings, which is the next step
in the master calendar hearing.
4. Pleadings
At the beginning of your master calendar hearing, the judge will take the pleadings, or review the
NTA with you. The judge will ask you if the facts in the NTA are true, if you admit that you are
removable and whether you will be applying for any forms of relief. If, in reviewing the NTA, you
found any mistakes and/or discrepancies you should mention it at this point and deny false or
incorrect allegations.
The government, however, must first prove two facts: (1) that you are an alien, meaning that you
are a non-USC;108 and (2) if you are an LPR or were otherwise lawfully admitted into the U.S., that
you are removable. This means that the government must show that you have done something to
violate immigration law which permits the government to send you back to your home country.109
If the judge finds that you are not eligible for any of the forms of relief discussed in Part F of this
Chapter, the immigration judge will likely make a decision at your master calendar hearing and order
you deported. Both the chief counsel and you can reserve the right to appeal this decision. See Part G
of this Chapter, which discusses decisions and appeals. If you have applied for a form of relief and the
immigration judge has found that you are eligible for that form of relief, he/she will schedule an
individual hearing at the end of your final master calendar hearing. The individual hearing is
discussed in greater detail below.
5. Individual Hearing
107. In fact, many immigration detainees are moved around the country more than once if DHS
determines it needs to do so because of space concerns.
108. If you are an LPR, the government can do this by showing the judge a copy of your “visa face
sheet”—the document which you received when you first entered into the U.S. If you entered without
inspection, they may rely on any statements you made or any other evidence showing that you were not
lawfully admitted into the United States. If the government cannot prove that you are an alien, then the case
must be terminated.
109. For example, if the NTA states that you are removable due to a conviction for a crime, the
government will need to produce a certificate of disposition or some other court record to verify that you were
convicted of the crime. The government will also have to show that the crime you were convicted of is one
that allows the government to deport you. It is generally fairly easy for the government to meet this burden by
producing criminal records from the criminal court.

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At the individual hearing, it is your burden to prove why you deserve the form of relief for which
you have applied, which means you must convince the judge that you deserve to stay in the U.S. At
this hearing, you (and your witnesses, if you have them110) will testify. The immigration judge and
assistant chief counsel will also most likely question both you and your witnesses. A foreign language
interpreter will be provided, if necessary.
(a) Evidence at the Individual Hearing
The federal rules of evidence are loosely applied in immigration court proceedings. For example,
in criminal trials, there are very strict rules of evidence. In immigration court proceedings, however,
the government may be able to use evidence against you that would not be allowed in criminal
court.
(b) Supporting Documents at the Individual Hearing
Supporting documents are any documents that you bring to your removal proceedings for the
purpose of helping you prove that you should not be deported. Part F of this Chapter discusses what
kinds of documents you may want to present to the court, which vary depending on which form of
relief you are seeking. Before you read that Part, however, you should know that there are some
expectations of the way in which you present evidence in immigration court:
•
•
•
•
•
•

You should make three copies of all documents: one for the judge, one for the
assistant chief counsel and an extra set for you.
You should request to keep the originals for your own records.
You should punch two holes (using a “two-hole puncher”) at the top and center
of all of the documents you submit so that they can easily be inserted in the
judge’s and assistant chief counsel’s files.
Affidavits or letters of support should be notarized to prove that they were done
under oath and contain only truthful information.
You and your witnesses should dress in a clean and professional manner.
Refer to the immigration judge as “Your Honor” and always maintain a
respectful tone.

(c) Witnesses at the Individual Hearing
You are allowed and should present witnesses to support your case at your individual hearing.
These witnesses may include your spouse, children, siblings, friends, clergy, doctor(s), boss, coworker(s), and neighbor(s). Your witnesses should have legal immigration status in the U.S.111 If they
do not, they risk being placed in removal proceedings as well. Your witnesses should try to attend
your removal proceedings in person. If that is not possible, they should write notarized letters or
affidavits on your behalf.
Depending on which form of relief you are seeking, you will want to make sure your witnesses
are prepared to discuss the discretionary factors that correspond to that form of relief.112 Generally,

110. Part F of this Chapter discusses who should come to your individual hearing and what evidence
you will need to present in order to convince the judge that you deserve to remain in the U.S.
111. Part B of this Chapter can help you determine whether your witnesses have legal immigration
status in the U.S.
112. Part F of this Chapter will discuss these discretionary factors in more detail.

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your witnesses should be prepared to discuss your life in the U.S., your good moral character,113 the
nature of your relationship with them and why they do not want you to be deported, especially if
they will be directly adversely affected by your deportation. They should be prepared to discuss any
financial or emotional support you provide for them. If your witnesses know anything about your
criminal history, they should be prepared to discuss that as well.
Your attorney, assistant chief counsel and the immigration judge may ask your witnesses
questions during the individual hearing. You or your attorney should prepare your witnesses by
asking them some of the questions you anticipate the judge or assistant chief counsel will ask. While it
may seem easy for a friend or family member to discuss your life, your witnesses should still be
thoroughly prepared because the judge and/or assistant chief counsel may ask questions that are more
difficult than anticipated. If your witnesses are unprepared, they are more likely to say something
that inadvertently hurts your case.

F. Forms of Relief
A form of relief is a method by which you may be able to apply for a waiver to be able to remain
in the U.S. even though you are removable because of criminal convictions. It generally consists of
an application you can file with the immigration court requesting that the judge cancel or suspend
your deportation. If the judge grants you the form of relief you are seeking, you will not be deported
and you will be permitted to resume your life in the U.S.114 In order to receive one of the forms of
relief listed below, you need to: (1) be eligible for that form of relief, (2) fill out the required
application and (3) convince the judge that you deserve to stay in the U.S. based on the standards
and discretionary factors required for each form of relief. Each of these requirements will be discussed
in turn.
1. Eligibility for Forms of Relief
You should ask the judge at the master calendar hearing if you are eligible for any forms of relief.
There are several forms of relief available for people facing deportation, and you may qualify for one
or several of them depending on a variety of factors. If you are, the judge will give you the
appropriate application materials. The judge will then set another court date to give you time to
complete the application materials. You should bring the application and other supporting documents
with you to this subsequent court date, which will either be another master calendar hearing or an
individual hearing (discussed below).
2. Applications for Forms of Relief
You must fill out an application for each of the forms of relief you seek. In the descriptions of
each form of relief, we include its corresponding requisite application.115 Most applications also ask
113. These are some of the reasons why an immigration judge would think you do not have good moral
character: you are a habitual drunkard; you committed a crime involving moral turpitude (“CIMT”); you
engaged in prostitution. There are other characteristics that defeat a finding of good moral character. Some
exceptions may also apply. See INA § 101(f); 8 U.S.C. § 1101(f) (2000) (stating what bars a finding of good
moral character).
114. The exception to this is voluntary departure. With voluntary departure, you must still leave the
U.S.
115. For each application, read all of the questions carefully and answer each of them as honestly as you
can. If you do not know the answer to a question, write “I don’t know.” If a question does not apply to you
(for example, if you are not married and there is a question about your spouse), write “N/A,” or not
applicable.

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you to pay a fee. If you cannot afford this fee, you may request a fee waiver from the court.116 To do
this, you must explain in writing how much money you receive through income, government
assistance (such as public assistance or disability benefits) and/or other sources and why you cannot
afford to pay the fee.
3. Standard and Discretionary Factors
In addition to the eligibility and applications requirements, each form of relief also has
discretionary factors you must meet in order to convince the immigration judge to allow you to
remain in the U.S. Therefore, even if you meet all of the eligibility requirements for a particular form
of relief, you will not automatically be permitted to stay in the U.S. because the final decision is at the
judge’s discretion. Some forms of relief are more difficult to obtain than others because of the higher
discretionary standards. The supporting documents you present to the immigration judge are therefore
extremely important because you will use them to convince the judge that you deserve to stay in the
U.S.
4. Forms of Relief
(a) Cancellation of Removal for Certain Permanent Residents117
The application that you must fill out to apply for cancellation of removal for certain permanent
residents
is
called
a
Form
EOIR-42A
and
can
be
found
online
at:
http://www.usdoj.gov/eoir/eoirforms/eoir42a.pdf (last visited Feb. 15, 2007).
(i) Eligibility
You qualify for this form of relief if you meet all of the following requirements:
•
•
•
•
•

you are an LPR and have been for at least five years;118
you have resided in the U.S. continuously119 for seven years after having been
legally admitted to the U.S. under any immigration status;120
you have not been convicted of an aggravated felony;
you have had NO prior 212(c) waivers granted; and121
you are NOT a terrorist, crewman, or exchange visitor.122

116. You must complete a Fee Waiver Request Form EOIR-26A to request a fee waiver, available at
http://www.usdoj.gov/eoir/eoirforms/eoir26a.pdf (last visited Feb. 15, 2007).
117. INA § 240A(a); 8 U.S.C. § 1229b(a) (2000).
118. This means that at least five years have passed since your green card was issued.
119. According to INA § 240A(d)(1); 8 U.S.C. § 1229b(d)(1) (2000), continuous residence or continuous
presence in the U.S. ends either when you were served with the NTA or on the day you committed crimes that
either make you inadmissible under INA § 212(a)(2); 8 U.S.C. § 1182(a)(2) (2000) or deportable under INA §
237(a)(2) or INA § 237(a)(4); 8 U.S.C. § 1227(a)(2) (2000) or 8 U.S.C. § 1227(a)(4) (2000), whichever is earlier.
An example of this “clock-stopping” provision is if you entered as an LPR in 1992 and committed a drug
crime in 1995. The clock stops in 1995. Therefore, your continuous presence in the U.S. would only be three
years and you would not be eligible for this form of relief.
120. The seven years’ continuous residence accrues if you were admitted to the U.S. under any lawful
immigration status, including admission through a visa or parole, even if your legal status expired. However, it
is clear that continuance residence would not accrue if you entered the U.S. illegally or without lawful
immigration status. Section D(3)(a)(v) of this Chapter discusses what it means to enter the U.S. without
inspection.
121. INA § 240A(c)(6); 8 U.S.C. § 1229b(c)(6) (2000).

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(ii) Standard
To obtain this waiver, you must convince the immigration judge that the positive factors in your
life outweigh negative factors.
(iii) Discretionary Factors123
•

Proof that Positive Factors Outweigh Negative Factors124
o You can prove long-term residence in the U.S.125 by showing some or all
of the following: apartment leases or mortgages, letters from neighbors,
utility bills (including telephone, cable and electric bills).
o You can prove a history of legal employment126 by presenting letters
from your employer, pay stubs, W-2 forms and social security earnings.
o You can prove ownership of property in the U.S. by providing copies of
your mortgages and bank statements or property deeds.
o You can prove payment of federal income taxes127 by presenting copies
of your yearly tax returns and/or a print-out of your tax records from the
Internal Revenue Service. If you have never paid taxes or did not pay for
a particular year, you can remedy this by paying back taxes.128
o If you are a member of a church group, religious or civic organization, or
perform some sort of community service, you should obtain letters from
other members of the group, attesting to your contributions and
humanity.
o Close family ties are also an indication that the positive factors in your
life outweigh the negative ones. For all of your family members in the

122. See INA § 240A(c); 8 U.S.C. § 1229b(c) (2000) for a complete list of aliens who are not eligible for
this form of relief. “Terrorist”, as defined in INA § 501, is any alien described in § 241(a)(4)(B); 8 U.S.C. §
1231(a)(4)(B) (2000). “Crewman” is defined in INA § 101(a)(10); 8 U.S.C. § 1101(a)(10) (2000) and “exchange
visitor” is defined in INA § 101(a)(15)(J); 8 U.S.C. § 1101(a)(15)(J) (2000).
123. The standards you must meet to obtain the forms of relief mentioned above are defined by statute.
The discretionary factors (or how you prove these standards to the judge), however, are defined by case law.
The following cases describe the discretionary factors needed for cancellation of removal for certain permanent
residents: In re C-V-T-, Int. Dec. 3342 (BIA 1998); see also In re Edwards, 20 I. & N. Dec. 191, 195–96 (BIA
1990); In re Arreguin, 21 I. & N. Dec. 38 (BIA 1995); In re Burbano, 20 I. & N. Dec. 872 (BIA 1994); In re
Roberts, 20 I. & N. Dec. 294 (BIA 1991); In re Buscemi, 19 I. & N. Dec. 628 (BIA 1988); In re Martin, 16 I. &
N. Dec. 581 (BIA 1978).
124. This is not an exhaustive list; you, your witnesses and/or your attorney should discuss any other
positive factors you can think of that would be helpful to your case.
125. There are several issues related to time in immigration proceedings. It is important that you have a
clear understanding of the chronology (timeline) of your history in the U.S.—when you arrived, how many
trips you have taken outside of the U.S. and to your home country, etc.
126. The concept of a public charge is important in immigration proceedings. You may be deemed a
public charge if you depend on the government for your income (in the form of public benefits). Immigration
judges are more likely to grant relief to you if you have contributed to the U.S. economy and have been able to
support yourself and your family. On the other hand, if you have received any public benefits or welfare, you
should be honest about it because this is not the only factor that the judge will consider.
127. Immigration judges look favorably on people who have paid taxes because the person has not been
a public charge, but has contributed to society as a whole.
128. If you did not file taxes in the past, it is not too late to pay your back-taxes. You will have to pay a
fine, interest and the taxes you owe, but the filing of taxes from previous years can seriously help your
immigration case. Visit this website for more information on how to file back taxes:
http://www.irs.gov/formspubs/article/0,,id=98339,00.html (last visited Feb. 15, 2007).

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U.S. who have legal status (LPR or USC), you should obtain and make
copies of their documentation including birth certificates, family photos,
green cards, U.S. passports, or naturalization certificates and notarized
letters or affidavits from family members.
(b) Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents129
The application that you must fill out to apply for cancellation of removal and adjustment of
status for certain nonpermanent residents is called a Form EOIR-42B and can be found online at
http://www.usdoj.gov/eoir/eoirforms/eoir42b.pdf (last visited Feb. 15, 2007). If the immigration
judge approves your application, he/she may also adjust your status to that of an LPR.
(i) Eligibility
If you have no legal status in the U.S., you may qualify for this form of relief if you meet all of the
following requirements:
•
•
•

you are not an LPR;
you have been physically present in the U.S. for a continuous period130 of at least
ten years before your application and you have been a person of good moral
character131 during those ten years; and
you have not been convicted of any crimes under INA §§ 212(a)(2); 8 U.S.C. §
1182(a)(2) (2000), INA § 237(a)(2); 8 U.S.C. 1227(a)(2) (2000), or INA §
237(a)(3); 8 U.S.C. § 1227(a)(3) (2000) (these include CIMTs, controlled substance
violations, multiple convictions for which all of the sentences imposed add up to
five years or more, prostitution, and commercialized vice offenses, but do not
include petty offenses). 132

(ii) Standard
You must establish that your deportation will result in “exceptional and extremely unusual
hardship” on your USC or LPR spouse, parent, child or children.133

129. INA § 240A(b)(1); 8 U.S.C. § 1229b(b)(1) (2000).
130. According to INA § 240A(d)(1); 8 U.S.C. § 1229b(d)(1) (2000), continuous residence or continuous
presence in the U.S. ends either when you were served with the NTA or on the day you committed crimes that
either make you inadmissible under INA § 212(a)(2); 8 U.S.C. § 1182(a)(2) (2000) or deportable under INA §
237(a)(2) or INA § 237(a)(4); 8 U.S.C. § 1227(a)(2) or 8 U.S.C. § 1227(a)(4) (2000), whichever is early. An
example of this “clock-stopping” provision is if you entered as an LPR in 1992 and committed a drug crime in
1995. The clock stops in 1995. Therefore, your continuous presence in the U.S. would only be three years and
you would not be eligible for this form of relief.
131. The immigration judge uses his discretion to decide whether you are a person of good moral
character. He/she can deny you LPR status even though you otherwise qualify. See footnote 113 above, which
lists what may bar a finding of good moral character.
132. See INA § 212(a)(2); 8 U.S.C. § 1182(a)(2) (2000), INA § 237(a)(2); 8 U.S.C. § 1227(a)(2) (2000)
and INA § 237(a)(3); 8 U.S.C. § 1227(a)(3) (2000) for a complete list of offenses which make you ineligible for
this form of relief.
133. INA § 240A(b)(1)(D); 8 U.S.C. § 1229b(b)(1)(D) (2000).

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(iii) Discretionary Factors134
•

•

Proof of Spouse, Parent, Child or Children in the U.S.135
o Obtain and make copies of documentation that proves your spouse’s,
parent’s, child’s or children’s legal status in the U.S. These documents
include, but are not limited to, birth certificates, family photos, green
cards, U.S. passports or naturalization certificates and letters from family
members.
Proof of Hardship to Spouse, Parent, Child or Children
o Remember, it is your USC or LPR family members, not you, who must
suffer this hardship. This type of hardship must be “exceptional and
extremely unusual” and, therefore, greater than what would normally be
suffered by the family members of those who face deportation.
o You should obtain records of any medical, psychiatric or educational
disabilities of family members who depend on you, especially elderly
parents, children or spouses.
o You can also document financial and emotional support through the use
of the following: letters, affidavits and financial records (including bank
statements).136

(c) Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents:
Special Rule for Battered Spouses and Children (Violence Against Women’s Act, also
known as “VAWA”)137
The form that you must fill out to apply for cancellation of removal and adjustment of status
under the special rule for battered spouses and children is called a Form EOIR-42B and can be found
online at http://www.usdoj.gov/eoir/eoirforms/eoir42b.pdf (last visited Feb. 15, 2007). If the
immigration judge approves your application, he/she will also adjust your status to that of an LPR.
(i) Eligibility
You qualify for this form of relief if you meet all of the following requirements:
•
•

you are not an LPR;
either you have been “battered or subject to extreme cruelty” in the U.S. by a
spouse or parent who is a USC or LPR; or you are the parent of a child who has

134. The standards you must meet to obtain the forms of relief mentioned above are defined by statute.
The discretionary factors (or how you prove these standards to the judge), however, are defined by case law.
The following cases describe the discretionary factors needed for cancellation of removal and adjustment of
status for certain nonpermanent residents: In re Monreal, I. & N. Dec. 56 (BIA 2001); In re Recinas, 23 I. & N.
Dec. 467 (BIA 2002); In re Andazola-Rivas, 23 I. & N. Dec. 319 (BIA 2002).
135. One of the reasons family ties in the U.S. are important for your case is because the judge and the
government are reluctant to separate families. In other words, the judge would be more sympathetic to you if
you have a lot of family members (especially if they are LPRs and/or USCs) in the U.S. and have fewer family
members in your home country.
136. Even if you are divorced, you should obtain any proof of child support or alimony payments. This
will show the judge that you are not only reliable, but also that someone is dependent upon your financial (and
possibly emotional) support.
137. INA § 240A(b)(2); 8 U.S.C. § 1229b(b)(2) (2000).

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•
•
•
•

Ch. I

been “battered or subject to extreme cruelty” in the U.S. by his/her USC or LPR
parent;
you have been physically present in the U.S. for a continuous period138 of at least
three years and you have been a person of good moral character139 during those
three years;
you have not been convicted of an offense under INA §§ 212(a)(2); 8 U.S.C
1182(a)(2) or INA § 212(a)(3); 8 U.S.C. § 1182(a)(3) (2000);
you have not been convicted of marriage fraud140 or any offenses under INA §§
237(a)(2) through 237(a)(4); 8 U.S.C. §§ 1227(a)(2)–(4) (2000);141 and
you have NOT been convicted of an aggravated felony.142

(ii) Standard
You must show that you or your child are battered and/or subject to “extreme cruelty.”143
(iii) Discretionary Factors
•

•

Proof of Child in the U.S.144
o Obtain and make copies of documentation that proves your child’s legal
status in the U.S. These documents include, but are not limited to, birth
certificates, family photos, green cards, U.S. passports or naturalization
certificates and letters from family members.
Proof of Extreme Cruelty to Yourself or Your Child
o You can prove that you or your child have been battered or subject to
extreme cruelty by submitting any evidence of abuse, acts of violence or
threats of physical or mental abuse. These submissions can include, but
are not limited to, reports or affidavits from police, judges and other court
officials, medical personnel, school officials, clergy, Child Protective
Services’ staff, or a counseling or mental health professional. You can
also show any police reports or order of protection to prove that there
have been incidents of abuse in the past. If you have ever sought shelter

138. The clock-stopping provision discussed in footnotes 118, 119, and 129 above does not apply to this
form of relief under the Special Rule for Battered Spouses and Children. See INA § 240A(d)(1); 8 U.S.C. §
1229b(d)(1) (2000).
139. See footnote 113 above, which lists what may bar a finding of good moral character.
140. INA § 237(a)(1)(G); 8 U.S.C. § 1227(a)(1)(G) (2000).
141. These include, but are not limited to, CIMT, multiple CIMTs, an aggravated felony, high speed
flight, a controlled substance offense, certain firearms offenses, crimes of domestic violence, stalking, crimes
against children, violation of orders of protection, failure to register or falsification of documents, document
fraud, falsely claiming citizenship, terrorist activities, and torture.
142. See INA § 240A(c); 8 U.S.C. § 1229b(c) (2000) for a list of aliens who are ineligible for this form of
relief.
143. “Battered or subject to extreme cruelty includes, but is not limited to, any act or threatened act of
violence, including any forceful detention, which results or threatens to result in physical or mental injury.
Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or
forced prostitution are considered acts of violence. Other acts may also be considered acts of violence under
certain circumstances.” See 8 C.F.R. § 204.2(c)(1)(vi) (2006).
144. One of the reasons family ties in the U.S. are important for your case is because the judge and the
government are reluctant to separate families. In other words, the judge would be more sympathetic to you if
you have a lot of family members (especially if they are LPRs and/or USCs) in the U.S. and have fewer family
members in your home country.

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in a safe haven for battered individuals and you have proof that you have
done so, you should also submit that proof. Lastly, you can submit letters
from people who know and can document evidence of abuse, including
particular incidents.
(d) 212(c) Waiver145
The form that you must fill out to apply for a 212(c) waiver is called a Form I-191 and can be
found online at www.uscis.gov.
(i) Eligibility
You qualify for this form of relief if you meet all of the following requirements:
•
•
•
•

you are an LPR;
you pled guilty to a crime before April 24, 1996;146
you have lived in the U.S. for seven years; and
you have NOT served a prison sentence of five years or more for one or more
aggravated felony convictions.

(ii) Standard
To obtain this waiver, you must convince the immigration judge that the positive factors in your
life outweigh negative factors.147
(iii) Discretionary Factors
•

Proof that Positive Factors Outweigh Negative Factors148
o You can prove long-term residence in the U.S.149 by showing some or
all of the following: apartment leases or mortgages, letters from
neighbors, utility bills (including telephone, cable, and electric bills).
o You can prove a history of legal employment150 by presenting letters
from your employer, pay stubs, W-2 forms and social security earnings.

145. Former INA § 212(c).
146. This crime can be an aggravated felony, but it cannot be a firearms offense.
147. The BIA decided in Matter of Buscemi, 19 I. & N. Dec. 628 (BIA 1988) that a non-USC who is
convicted of a serious criminal offense must demonstrate “unusual or outstanding equities” in order to obtain
relief under 212(c). This is a higher standard to meet. This means that if you are eligible for a 212(c) waiver
and have a very serious conviction or a number of serious convictions, simply showing that the positive factors
in your life outweigh the negative factors may not be enough. Instead, you need to show that the positive
factors in your life greatly outweigh the negative factors in your life.
148. This is not an exhaustive list; you, your witnesses and/or your attorney should discuss any other
positive factors you can think of that would be helpful to your case.
149. There are several issues related to time in immigration proceedings. It is important that you have a
clear understanding of the chronology (timeline) of you history in the U.S.—when you arrived, how many
trips you have taken outside of the U.S. and to your home country, etc.
150. The concept of a public charge is important in immigration proceedings. You may be deemed a
public charge if you depend on the government for your income (in the form of public benefits). Immigration
judges are more likely to grant relief to you if you have contributed to the U.S. economy and have been able to
support yourself and your family. On the other hand, if you have received any public benefits or welfare, you
should be honest about it because this is not the only factor that the judge will consider.

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o

o

o

Ch. I

You can prove ownership of property in the U.S. by providing copies
of your mortgages and bank statements or property deeds.
You can prove payment of federal income taxes151 by presenting copies
of your yearly tax returns and/or a print-out of your tax records from the
Internal Revenue Service. If you have never paid taxes or did not pay for
a particular year, you can remedy this by paying back taxes.152
If you are a member of a church group, religious or civic organization, or
perform some sort of community service, you should obtain letters from
other members of the group, attesting to your contributions and
humanity.
Close family ties are also an indication that the positive factors in your
life outweigh the negative ones. For all of your family members in the
U.S. who have legal status (LPR or USC), you should obtain and make
copies of their documentation including birth certificates, family photos,
green cards, U.S. passports or naturalization certificates and notarized
letters or affidavits from family members.

(e) 212(h) Waiver (“Waiver of Inadmissibility”)153
Under INA § 212(h); 8 U.S.C. § 1182(h) (2000), the Attorney General may waive certain types
of crimes, including CIMTs; a single possession of thirty grams or less of marijuana for one’s own
personal use; two or more offenses for which the aggregate sentence were five years or more; and
prostitution or commercialized vice.154 There are three different ways to obtain this kind of waiver,
which are defined in three subsections of the INA: §§ 212(h)(1)(A), 212(h)(1)(B), and 212(h)(1)(C); 8
U.S.C. §§ 1182(h)(1)(A), 1182(h)(1)(B), and 1182(h)(1)(C) (2000). The form that you must fill out to
apply for any of the three subsections of the INA § 212(h); 8 U.S.C. § 1182(h) (2000) waiver is called
an I-601 form and can be found online at www.uscis.gov.
In order to qualify for any of the three subsections of the INA § 212(h); 8 U.S.C. § 1182(h)
(2000) waiver, you must meet the following threshold requirements:
•
•

the crime for which you are facing deportation is not murder, a criminal act
involving torture, or an attempt or conspiracy to commit either murder or a
criminal act involving torture; and
if you are an LPR:
o you must have resided continuously in the U.S. for a period of at least
seven years immediately preceding the date of initiation of your removal
proceedings; and
o you have not been convicted of an aggravated felony.

151. Immigration judges look favorably on people who have paid taxes, again probably because the
person has not been a public charge, but has contributed to society as a whole.
152. If you did not file taxes in the past, it is not too late to pay your back-taxes. You will have to pay a
fine, interest and the taxes you owe but the filing of taxes from previous years can seriously help your
immigration case. Visit this website for more information on how to file back taxes:
http://www.irs.gov/formspubs/article/0,,id=98339,00.html (last visited Feb. 15, 2007).
153. INA § 212(h)(1); 8 U.S.C. § 1182(h)(1) (2000).
154. This list is not exhaustive. The Attorney General can waive any offenses listed in INA §
212(a)(2)(A)(i)(I); 8 U.S.C. § 1182(a)(2)(A)(i)(I) (2000), INA § 212(a)(2)(A)(i)(II); 8 U.S.C. §
1182(a)(2)(A)(i)(II) (2000) insofar as it relates to a single possession of 30 grams or less of marijuana; INA §§
212(a)(2)(B), (D), and (E); 8 U.S.C. §§ 1182(a)(2)(B), (D), and (E) (2000).

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In addition to these threshold requirements, you will also have to meet specific individual
eligibility requirements listed below. The requirements vary depending on which subsection of the
statute you fall under.
(i) 212(h)(1)(A) Waiver
(1) Eligibility
You qualify for this form of relief under this subsection 212(h)(1)(A) if you meet all of the
following requirements:
•

•
•

you are inadmissible only under INA § 212(a)(2)(D)(i) or (ii); 8 U.S.C. §
1182(a)(2)(D)(i) or (ii)155 (2000) or if the activities for which you are
inadmissible156 occurred more than fifteen years before the date of your
application for a visa, admission, or adjustment of status;
allowing you to enter the U.S. would not be against the national welfare, safety,
or security of the U.S.; and
you have been rehabilitated.

(2) Standard
You must convince the immigration judge that you have been rehabilitated. This means that
while you realize you made mistakes in the past, you have improved your life and are no longer
likely to make the same or similar mistakes.
(3) Discretionary Factors
Proof of Rehabilitation
•

You can prove that you have been rehabilitated by providing the judge with
copies of certificates of attendance at drug or alcohol rehabilitation programs,
letters from your counselors, therapists, or sponsors. Sometimes, proof of
involvement in a religious or civic organization or church group may also prove
that you have been rehabilitated. You should obtain letters or affidavits from
other members of the group, who can attest to your good moral character.157

(ii) 212(h)(1)(B) Waiver
(1) Eligibility
You qualify for this form of relief under this subsection 212(h)(1)(B) if you meet all of the
following requirements:
155. Basically, these include crimes relating to engaging in or soliciting prostitution.
156. For the purposes of this form of relief, you may be inadmissible for any of the activities listed in
INA § 212(a)(2)(A)(i)(I); 8 U.S.C. § 1182(a)(2)(A)(i)(I) (2000), INA § 212(a)(2)(A)(i)(II); 8 U.S.C. §
1182(a)(2)(A)(i)(II) (2000) insofar as it relates to a single possession of 30 grams or less of marijuana; INA §§
212(a)(2)(B), (D), and (E); 8 U.S.C. §§ 1182(a)(2)(B), (D), and (E) (2000). These include but are not limited to
CIMTs; a single possession of 30 grams or less of marijuana for one’s own personal use; two or more offenses
for which the aggregate sentence were five years or more; and prostitution or commercialized vice.
157. See footnote 113 above, which lists what may bar a finding of good moral character.

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•

Ch. I

you are the spouse, parent, son or daughter of an LPR or USC;
and that your deportation from the U.S. would result in extreme hardship to that
USC or LPR.

(2) Standard
You must show the immigration judge that you have a USC or LPR spouse, parent, child or
children. You must further convince the judge that your deportation from the U.S. would result in
“extreme hardship” to that USC or LPR spouse, parent, child, or children.
(3) Discretionary Factors
•

•

Proof of USC or LPR Spouse, Parent, Child or Children in the U.S.158
o Obtain and make copies of documentation that proves your spouse’s,
parent’s, child’s or children’s legal status in the U.S. These documents
include, but are not limited to, birth certificates, family photos, green
cards, U.S. passports, or naturalization certificates and letters from family
members.
Proof of Extreme Hardship to USC or LPR Spouse, Parent, Child or Children
o Mere inconvenience or sadness will probably not qualify for the kind of
hardship that is required. You must show that your relatives will suffer
more than the average family would because of your deportation. Obtain
your children’s medical, psychiatric or educational records that show
proof of disabilities. You can document financial and emotional support
through the use of the following: letters, affidavits and/or medical,
financial records (including bank statements).159

(iii) 212(h)(1)(C) Waiver
(1) Eligibility
You qualify for this form of relief under this subsection 212(h)(1)(C) if you meet all of the
following requirements:
•

you qualify for classification under INA § 204(a)(1)(A)(iii) or (iv) or INA §
204(a)(1)(B)(ii) or (iii); 8 U.S.C. § 1154(a)(1)(A)(iii) or (iv) or 8 U.S.C. §
1154(a)(1)(B)(ii) or (iii) (2000).160

158. One of the reasons family ties in the U.S. are important for your case is because the government is
reluctant to separate families. In other words, the judge would be more sympathetic to you if you have a lot of
family members (especially if they are LPRs and/or USCs) in the U.S. and have fewer family members in your
home country.
159. Even if you are divorced, you should obtain any proof of child support/alimony payments. This
will show the judge that you are not only reliable, but also that someone is dependent upon your financial or
emotional support.
160. Basically, you must be a victim (and/or child of a victim) of domestic violence and/or someone
who has been battered or subject to extreme cruelty.

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(f) Adjustment of Status to Permanent Resident161
Another way to avoid deportation is by adjusting your immigration status to that of an LPR.162
Adjustment of status may be used on its own, for example, if you have one gun possession for which
you are inadmissible. Frequently, however, when adjustment of status is used as a form of relief, it is
used in conjunction with another form of relief (or waiver). This may apply to you if you have more
than one criminal conviction. For example, if you have a gun possession and one CIMT, these forms
of relief alone may not prevent your deportation. In that case, in order to avoid deportation, you
would have to apply for both the 212(c) waiver and adjustment of status. This is because the 212(c)
waiver waives the CIMT and the adjustment of status waives the gun possession. Courts have
allowed the simultaneous use of two forms of relief or waivers.163
To begin the process of adjustment of status, you will generally need a sponsor (family member or
employer) to petition for a visa on your behalf. Depending on whether your sponsor is a family
member or employer, your sponsor will be required to complete a Form I-130 (“Petition for Alien
Relative”) or a Form I-140 (“Immigrant Petition for Alien Worker”) and you will have to submit
proof
of
your
relationship.
These
applications
can
be
found
online
at
http://www.uscis.gov/files/form/i-130.pdf and http://www.uscis.gov/files/form/i-140.pdf. You
must also submit an affidavit of support with your application. The affidavit of support application is
called a Form I-864 and can be found online at http://www.uscis.gov/files/form/I-864.pdf.164 In
this affidavit of support, your family member proves that he/she is capable of financially supporting
himself/herself and you and promises to do so if it becomes financially necessary. 165 If you are
eligible for this form of relief, you will be required to complete a Form I-485 (“Application to Register
Permanent
Residence
or
Adjust
Status”),
which
you
can
find
online
at
http://www.uscis.gov/files/form/i-485.pdf.

161. INA § 245(a); 8 U.S.C. § 1255(a) (2000); There are also other ways in which non-USCs can adjust
their status. Some examples are the Cuban Adjustment Act, Pub. L. No. 89-732, 80 Stat. 1161 (1966),
NACARA, and Registry. See the Notes for INA § 245; 8 U.S.C. § 1255 (2000) for more information about
these alternative methods of adjusting your immigration status.
162. You can even use this form of relief if you already are an LPR.
163. In re Gabryelsky, 20 I. & N. Dec. 750 (BIA 1993) held that a waiver under § 212(c) may be used in
conjunction with an application for adjustment of status by an alien who is deportable for both drug and
weapons offenses and that 8 C.F.R. § 245.1(e) (1993) permitted an alien to concurrently apply for adjustment
of status and § 212(c) relief.
164. Your sponsor may instead be eligible to apply for the Form I-864EZ or the Form I-864W, which
can
be
found
online
at
http://www.uscis.gov/files/form/I-864EZ.pdf
and
http://www.uscis.gov/files/form/I-864W.pdf, respectively. Also, the Form I-864P (“Poverty Guidelines”)
does not need to be filed, but is used to assist people in completing their Form I-864. The Form I-864P can be
found online at http://www.uscis.gov/files/form/I-864p.pdf. For more information about who qualifies for
these alternatives to Form I-864, you can refer to the USCIS website at www.uscis.gov or contact USCIS’
forms line at 1-800-870-3676 or the National Customer Service Center (“NCSC”) telephone line at 1-800-3755283; TTY: 1-800-767-1833. A family member or attorney can also contact your local USCIS office by using
Infopass, a web-based system which allows you to schedule appointments at USCIS offices.
165. The purpose of an affidavit of support is to prove that you will not become a public charge if
lawfully admitted with permanent immigration status in the U.S. Your sponsor must maintain you at an
annual income that is not less than 125% of the Federal poverty line during the period in which the affidavit is
enforceable. For more information about the eligibility, terms and enforceability period for the affidavit of
support, you should refer to INA § 213A; 8 U.S.C. § 1183a (2000) for the full text of the statute.

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(i) Eligibility
In order to obtain this form of relief in immigration court, you must either (1) be an immediate
relative166 of a USC or (2) qualify for one of the family- or employment- based preferences (have an
approved I-130) with a current priority date 167 (i.e., your visa is immediately available). Because
immigration court proceedings move so quickly, if your family member or employer has not yet
petitioned for you (completed, filed and received approval of the I-130) and your visa is not
immediately available, the process may take too long and the immigration judge will probably not be
willing to wait.
•

You qualify for this form of relief if you meet all of the following requirements: 168
o you are an LPR or a visa overstay;169 and
o you are the spouse or unmarried child under 21 years old of a USC or you
are the parent of a USC who is over 21 years old.

(ii) Standard
The statute does not define standards or discretionary factors required for adjustment of status,
but the immigration judge may use some of the same or similar discretionary factors used for other
forms of relief to determine whether you deserve to adjust your status and remain in the U.S.
Therefore, you should be prepared to prove the following discretionary factors.
(iii) Discretionary Factors
•

Proof that Positive Factors Outweigh Negative Factors170
o You can prove long-term residence in the U.S.171 by showing some or all
of the following: apartment leases or mortgages, letters from neighbors,
utility bills (including telephone, cable and electric bills).

166. Immediate relatives of USCs, which include spouses, unmarried children under 21 years old and
parents (if the USC is over 21 years old) have no quota or waiting time for approval of their visa. The
government, however, does have quotas for all family- and employment-based petitions. Therefore, if you are
an immediate relative of a USC who has completed an I-130 on your behalf, your visa would be immediately
available to you and you would be eligible for this form of relief.
167. The priority date is the date on which the visa petition (for family-based petitions) is filed with
USCIS or the labor certification (for employment-based petitions) is filed with the Department of Labor. In
other words, it is the date in which your sponsor initiated the adjustment of status process on your behalf. The
priority date is important because it is the date in which you are placed on the waiting line for your visa.
Because the government has quotas for family- and employment-based petitions, there are many more
applicants for these visas than there are available visas. This creates a backlog for these categories. If there is a
backlog, your visa is not immediately available and you will not be eligible to obtain this form of relief in
immigration court.
168. See INA § 245(a) for a complete list of aliens who are ineligible for adjustment of status.
169. If you are a non-LPR who entered the U.S. without inspection (EWI, for example), the only way
you can adjust your status is if you have filed an approvable I-130 petition under INA § 245(i); 8 U.S.C. §
1255(i) (2000) on or before April 30, 2001.
170. This is not an exhaustive list; you, your witnesses and/or your attorney should discuss any other
positive factors you can think of that would be helpful to your case.
171. There are several issues related to time in immigration proceedings. It is important that you have a
clear understanding of the chronology (timeline) of you history in the U.S.—when you arrived, how many
trips you have taken outside of the U.S. and to your home country, etc.

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o
o
o

o

o

33

You can prove a history of legal employment172 by presenting letters
from your employer, pay stubs, W-2 forms and social security earnings.
You can prove ownership of property in the U.S. by providing copies of
your mortgages and bank statements or property deeds.
You can prove payment of federal income taxes173 by presenting copies
of your yearly tax returns and/or a print-out of your tax records from the
Internal Revenue Service. If you have never paid taxes or did not pay for
a particular year, you can remedy this by paying back taxes.174
If you are a member of a church group, religious or civic organization, or
perform some sort of community service, you should obtain letters from
other members of the group, attesting to your contributions and
humanity.
Close family ties are also an indication that the positive factors in your
life outweigh the negative ones. For all of your family members in the
U.S. who have legal status (LPR or USC), you should obtain and make
copies of their documentation including birth certificates, family photos,
green cards, U.S. passports or naturalization certificates and notarized
letters or affidavits from family members.

(g) Asylum, Withholding of Removal and Protection under the CAT
If you apply for asylum, withholding of removal or protection under the CAT, you should apply
for the others as alternative forms of relief. This way, even if the judge does not grant you your first
choice, you may still be eligible for one of the others. While the standards differ slightly for each one
of these forms of relief, the discretionary factors are the same and you will likely be submitting the
same kinds of evidence for all three forms of relief. The discretionary factors and evidence will be
described only once at the end of this Section.
Not only do the standards differ for each, but also the consequences of each of these forms of
relief differ. If the judge grants you asylum, you will not be ordered deported and you will be able to
apply to adjust your status within a year to that of an LPR. If the judge grants you withholding of
removal, however, you will be ordered deported and that deportation order will be withheld or
stopped. As a result, you will not be eligible to adjust your status, but you will be able to get
employment authorization. There are two possible outcomes in your immigration case if the judge
grants you protection under the CAT—withholding and deferral. Particularly serious crimes are bars
to withholding under the CAT, but they are not bars to deferral. You will not be eligible to adjust
your status under either withholding or deferral, but you will be able to stay in the U.S.

172. The concept of a public charge is important in immigration proceedings. You may be deemed a
public charge if you depend on the government for your income (in the form of public benefits). Immigration
judges are more likely to grant relief to you if you have contributed to the U.S. economy and have been able to
support yourself and your family. On the other hand, if you have received any public benefits or welfare, you
should be honest about it because this is not the only factor that the judge will consider.
173. Immigration judges look favorably on people who have paid taxes, again probably because the
person has not been a public charge, but has contributed to society as a whole.
174. If you did not file taxes in the past, it is not too late to pay your back-taxes. You will have to pay a
fine, interest and the taxes you owe but the filing of taxes from previous years can seriously help your
immigration case. Visit this website for more information on how to file back taxes:
http://www.irs.gov/formspubs/article/0,,id=98339,00.html (last visited Feb. 15, 2007).

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(i) Asylum175
The application that you must fill out to apply for asylum is called a Form I-589 and can be
found online at http://www.uscis.gov/files/form/I-589.pdf (last visited Feb. 15, 2007). Asylum is a
form of relief available to people who are unable to return to their home countries for certain reasons.
(1) Eligibility
You qualify for this form of relief if you meet ALL of the following requirements:
•
•
•

you apply for asylum within one year of your arrival in the U.S.;176
you have not been convicted of a particularly serious crime; and
you have not been convicted of an aggravated felony.

(2) Standard
You must prove to the immigration judge that you are unable or unwilling to return to your
country because you have been persecuted there or because you have a well founded fear that you
will be persecuted there because of your race, religion, nationality, membership in a particular social
group, or political opinion.177 Additionally, this persecution must either be done by part of your home
country’s government or by a group that is sanctioned (allowed or encouraged) by your home
country’s government. For an immigration judge to grant you asylum, he/she must be convinced that
there is a possibility178 that you will be persecuted.
It is not enough that your home country is in general political or social turmoil. You must show
how this will directly affect you or how you will be specifically targeted by this turmoil.
(ii) Withholding of Removal179
The application that you must fill out to apply for this form of relief is called a Form I-589 and
can be found online at http://www.uscis.gov/files/form/I-589.pdf (last visited Feb. 15, 2007).
(1) Eligibility
You qualify for this form of relief if you meet ALL of the following requirements:
•
•

you have not been convicted of a particularly serious crime; and
you have not been convicted of an aggravated felony for which you received a
sentence of five or more years in prison.180

175. INA § 208; 8 U.S.C. § 1158 (2000).
176. See INA § 208; 8 U.S.C. § 1158 for a few, limited exceptions to this rule.
177. INA § 241(b)(3)(A); 8 U.S.C. § 1231(b)(3)(A) (2000).
178. Recent court decisions have held that an applicant seeking asylum does not have to show that
persecution is highly probable; instead, the applicant only needs to show but only a 10% probability of
persecution if he/she is sent back. See Karaj v. Gonzales, 462 F.3d 113, 116 (2d Cir.2006).
179. INA § 241(b)(3)(A); 8 U.S.C. § 1231(b)(3)(A) (2000).
180. If you were convicted of an aggravated felony and were sentenced to less than five years in prison,
the government still has the discretion to classify it as a particularly serious crime.

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(2) Standard
Withholding of removal is very similar to asylum, but it is more difficult to obtain withholding of
removal. You must prove to the immigration judge that you are unable or unwilling to return to your
country because your life or freedom would be threatened because of your race, religion, nationality,
membership in a particular social group, or political opinion. For a judge to grant you withholding of
removal, he/she must be convinced that there is a probability181 that you will be persecuted. If you are
granted withholding of removal, the judge will still order you deported, but you will not have to return
to your home country until it is safe for you to do so.
(iii) Convention Against Torture (“CAT”)182
CAT is an international treaty that prohibits the U.S. government from returning anyone to a
home country where they may be subjected to torture.
(1) Eligibility
You may seek protection under CAT as withholding or deferral. You may not be eligible for
withholding under CAT if you are found to have been convicted of a particularly serious crime.
(2) Standard
You must prove to the immigration judge that if you were to return to your home country, you
would suffer severe pain and suffering that is intentionally inflicted for an illicit (illegal) purpose.
This pain and suffering must be caused or sanctioned by a public official who has custody and
control over you, and it must not arise out of a lawful sanction. For an immigration judge to grant
you protection under the CAT, he/she must be convinced that it is more likely than not that you would
suffer severe pain and suffering.183
(3) Discretionary Factors
•

Proof of Home Country Conditions
o If you are applying for asylum, withholding of removal, or protection
under the CAT, you will need to present evidence about the current
conditions in your home country and why you are afraid to return. This
evidence may include country reports written by the U.S. Department of
State and/or human rights organizations such as Amnesty International
and Human Rights Watch.184 You can also use newspaper or magazine
articles about the conditions in your home country related to human rights

181. This “probability” standard is higher than the “possibility” standard required of asylum. Once you
prove the possibility in asylum, however, the judge still has the discretion not to grant you asylum. If you
prove the probability standard, however, for withholding, the judge no longer has discretion and must grant
you that form of relief. Therefore, withholding is more difficult to prove than asylum, but once you prove it,
the judge is required to grant you that form of relief. It is also important to note that you cannot adjust your
status with withholding but you can with asylum.
182. As was the case with withholding, you cannot apply to adjust your status after obtaining CAT as
you would be able to do after obtaining asylum as a form of relief.
183. In re J-E-, 23 I. & N. Dec. 291, 302 (BIA 2002); this is a higher standard than is required for asylum.
184. See Appendix E at the end of this Chapter, which includes various websites and resources that
provide descriptions and explanations of country conditions.

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violations, economy or healthcare, if any of these apply to your
situation.185 Witness testimonies may also support your claims.186
(h) Voluntary Departure187
Voluntary departure gives you the option of volunteering to leave the U.S. and return to your
home country instead of being deported by the U.S. government. If you do not leave the U.S. by the
date set by the immigration judge, the voluntary departure order automatically becomes a
deportation order. 188 With voluntary departure, you may be able to return much sooner than you
would be able to if you were deported from the U.S.189 There are other consequences, however, in
that a voluntary departure order is much harder to reopen than a deportation order. 190 Because
voluntary departure is irreversible, you should consider all the consequences before requesting it.
(i) Eligibility
You cannot get voluntary departure if you are an arriving alien, you have been convicted of an
aggravated felony, or you have a prior deportation order.
(ii) Standard
The standards you must meet to obtain voluntary departure vary depending on when you request
it. In other words, if you request voluntary departure at the master calendar hearing, you will need to
show the judge: (1) that you have a valid travel document, and (2) the means to buy a one-way open
ticket (a ticket without a departure date) to your home country. If you wait until the individual
hearing to request voluntary departure,191 in addition to showing (1) and (2) above, you will also
have to show that you were physically present in the U.S. for one year before the NTA was filed and
that you have good moral character.192 If the judge grants you voluntary departure, he/she will give
185. Some countries treat deportees like criminals, making their lives extremely difficult when they
return to their home countries. See Appendix E at this end of this Chapter for a list of websites that might help
you prove any situations in your home country that may be relevant to your case. Some of the information you
obtain may also be helpful in proving extreme hardship to you if you were deported.
186. Although immigration judges are aware of country conditions worldwide, do not assume that your
particular judge knows anything about your home country. Part of convincing the judge that you should
remain in the U.S. is educating him/her on the effect of your deportation to your home country. You should
not, of course, exaggerate conditions, but be honest about what your life would be like and how you would be
affected if you were to return to your home country.
187. There is actually no formal application for voluntary departure, as there are for the other forms of
relief.
188. INA § 240B(d); 8 U.S.C. § 1229c(d) (2000); If you have a ticket and travel document to leave by the
date the judge sets and the only reason you do not leave the U.S. is because you are detained and DHS does
not release you by that date, you should contact your immigration judge to inform him/her or the district
director to extend your voluntary departure date.
189. See Part I of this Chapter, which discusses both legal and illegal reentry into the U.S.
190. Sometimes, at the time of your removal proceedings, you do not qualify for any forms of relief.
You may anticipate, however, that you will qualify for a form of relief (such as adjustment of status) at a later
date. At that later date, you may wish to reopen your immigration court proceedings. Also see Part G of this
Chapter, which describes the process of reopening immigration cases.
191. Sometimes those requesting other forms of relief listed in this Part will request voluntary departure
as an alternative to those other forms of relief. This way, if they lose their case, they can still obtain voluntary
departure.
192. See footnote 113 above, which lists what may bar a finding of good moral character.

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you a certain period of time to get your documents and ticket. If you request voluntary departure
before the end of the immigration court proceedings, the judge can give you a maximum of 120 days
to leave. If you make your request at the end of proceedings the judge can grant you a maximum of
sixty days to depart. Thus, the earlier you request voluntary departure, the greater the chance the
judge will grant it.

G. Decision and Appeals
1. Decision
The immigration judge will decide your case based on the evidence both you and the
government present to the court. If the judge orders you deported, the judge must notify you of the
consequences of failure to depart.193 At the end of the hearing, the judge will ask both you and
assistant chief counsel whether you expect to appeal the decision. If either you or assistant chief counsel
decides to appeal, the immigration judge will issue a long decision to preserve the record for the next
stage. If you win your case and assistant chief counsel does not reserve appeal, your case is final. You
are now allowed to remain in the U.S. and retain your lawful immigration status. If your resident
alien card, passport or other documents were taken from you, they may be returned at the end of the
hearing, but it is more likely that these documents will be returned at a later time.
If, however, you win your case and assistant chief counsel appeals the judge’s decision or you lose
your case and you decide to appeal, your case is not final and you will have to wait until the appeal
is decided to determine whether you will be able to remain in the U.S. If you lose and you appeal,
you cannot leave the country while your case is pending because your case will be deemed to be
abandoned.
2. Appeals
(a) Appeals to the Board of Immigration Appeals (“BIA”)
After the immigration judge gives his/her decision, both you and the government have the right
to appeal the decision to the BIA,194 another type of administrative court. Because the BIA is located
in Virginia, immigration appeals are essentially done on paper and you do not have to be present at
the time of your appeal. The BIA has very strict rules about how you file and prepare an appeal.
Failure to follow these rules may result in your appeal being dismissed.
(b) Filing Deadlines and BIA Addresses
To appeal, you must file a Notice of Appeal with the BIA. The notice must be received by the BIA
within thirty days of the judge’s decision. Please note that it is not good enough to mail the Notice of
Appeal by the thirtieth day; the notice must actually be in the clerk’s office of the BIA by that day.195
If it arrives even one day late, the appeal will be dismissed and you will not have another
opportunity to appeal the immigration judge’s decision.

193. INA § 240(c)(4); 8 U.S.C. § 1229a(c)(4) (2000).
194. 8 C.F.R. § 1003.1(b) (2006); The BIA is the highest administrative body for interpreting and
applying immigration laws. It is composed of 11 members and is located at EOIR headquarters in Falls
Church, Virginia. Generally, the Board does not conduct courtroom proceedings but has heard oral arguments
of appealed cases in rare instances.
195. At the end of your individual hearing, the judge will give you his/her decision on a piece of paper
which contains date by which you must file your appeal.

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The notice can be sent by regular first class mail to this address:196
Board of Immigration Appeals
Clerk’s Office
P.O. Box 8530
Falls Church, VA 22041
The notice can also be sent by courier or overnight delivery to this address:
Board of Immigration Appeals
Clerk’s Office
5201 Leesburg Pike, Suite 1300
Falls Church, VA 22041
(c) Notice of Appeal
At the end of your hearing, the immigration judge should provide you with a Notice of Appeal,
on which you will state the reason for your appeal, giving all the legal claims you want to make.
You must also indicate whether you plan on filing a legal brief. 197 There is also currently a fee
required of $110. 198 Once the BIA receives your Notice of Appeal, the BIA will notify you by
sending you a receipt. If you said that you wanted to file a legal brief, you will later receive a
transcript of the immigration hearing and a briefing schedule. The briefing schedule is a schedule that
tells you and the government when your legal briefs are due. You can ask for an extension for more
time, but generally the BIA only grants the first request and gives you an additional twenty-one days
to file your legal brief. Generally, any additional requests for more time are denied. You may request
oral argument, which is the chance to explain in person why your case was improperly decided by
the immigration judge.199 If you say you are going to file a legal brief and you do not, your appeal
may be dismissed.
(d) Legal Brief
Writing a legal brief is not easy, even for immigration attorneys. When writing a brief, you
should start with a statement of facts, which outlines the following: the essential facts of the case,
including when and how you came to the U.S., when the government began removal proceedings
against you, and the specific charges the government made against you. You should then briefly
state the evidence that you presented to the immigration court during your hearings. If you have any
new evidence that you did not previously present to the court, you cannot refer to it in your brief.
You can only refer to evidence that was shown or presented to the immigration judge during one of
your hearings. After your statement of facts, you should then state your specific legal claim or
claims. The BIA knows that you are not an attorney so it does not expect you to use legal terms in
196. Before sending anything to this address, or any addresses within the context of this Chapter or the
appendices that follow it, be sure to confirm that it has not changed. BIA addresses have definitely changed in
the past.
197. The legal brief is your written account of your immigration court proceedings, including why you
believe the case should have been decided in your favor. The purpose of the legal brief is to persuade the BIA
that you should have won your immigration case.
198. You should always check what the current fee is. If you cannot afford to pay the fee, you can
request a fee waiver. In order to do so, you must complete Fee Waiver Request Form EOIR-26A, available at
http://www.usdoj.gov/eoir/eoirforms/eoir26a.pdf (last visited Feb. 15, 2007).
199. Requests for oral argument are rarely granted.

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the writing of your legal brief. You should, however, refer to cases that support your argument. If, in
your original Notice of Appeal, you claim that you will file a legal brief and later fail to do so, the
BIA may dismiss your appeal on that basis alone.
(e) BIA Decision
The BIA can take several months or even years to make an ultimate decision on your
immigration case. Appeals involving detainees tend to move more quickly than the appeals of nonUSCs who are not currently detained. Once the BIA has made a decision on your appeal, it
sometimes issues a brief summary of the case along with its decision. The BIA recently adopted a
policy of issuing summary affirmances, which are one-page and usually one-line decisions simply
stating that the immigration judge was correct without any discussion of the individual facts and
circumstances of a case. With the use of summary affirmances, the BIA does not actually indicate
why they are making their decision.200
3. Motion to Reopen or Reconsider
Under certain circumstances you may ask the immigration judge or the BIA to review your case
again. There are two types of motions that accomplish this and both must be filed with the court that
last decided your case. The motion to reconsider is based on legal claims or changes in the law that
are favorable to your case. The motion to reconsider is based on factual claims.
(a) Motion to Reopen
You can file one201 motion to reopen202, which asks the court to reopen your immigration court
proceedings. This motion must be filed within ninety days of the date of entry of the final
administrative deportation order. If the basis is failure to appear in court due to exceptional
circumstances and/or ineffective assistance of counsel, the deadline for filing this motion is 180 days
from the date of the final deportation order. If you do not file within 180 days, the judge may reopen
as a matter of discretion.203 If the deportation order was issued in removal proceedings that occurred
before June 13, 1992, there is no deadline. There is also no deadline if you are applying on the basis
of relief under asylum.204
Motions to reopen based on lack of notice or failure to attend your hearing due to exceptional
circumstances will automatically stay your deportation. Motions based on new evidence or changed
200. Within another 30 days, you may have the right to appeal the BIA decision to one final court, the
circuit Court of Appeals in your district. This court is part of the federal court system. Not everyone has the
right to appeal their BIA decision. Most cases involving criminal convictions cannot be appealed to the Court
of Appeals. This will be discussed in greater detail below.
201. There is one exception, which falls under the special rule for battered spouses, children and parents.
INA §240(c)(7)(C)(iv); 8 U.S.C. § 1229a(c)(7)(C)(iv) (2000).
202. INA § 240(c)(7); 8 U.S.C. § 1229a(c)(7) (2000).
203. In Lopez v. INS, 184 F.3d 1097 (9th Cir. 1999), the court found that the 180-day deadline for
motions to reopen for cases in which deportation was ordered in your absence tolled due to ineffective
assistance of counsel. In other words, although you have 180 days to file the motion to reopen based on
ineffective assistance of counsel, the clock may not start running until you know or could have known that you
were a victim of ineffective assistance of counsel.
204. According to INA § 240(c)(7)(C)(ii); 8 U.S.C. § 1229a(c)(7)(C)(ii) (2000), “there is no time limit on
the filing of a motion to reopen if the basis of the motion is to apply for relief under sections 208 or 241(b)(3)
and is based on changed country conditions arising in the country of nationality or the country to which
removal has been ordered, if such evidence is material and was not available and would not have been
discovered or presented at the previous proceedings.”

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circumstances in your home country do not automatically stay your deportation. 205 If you do not
request a stay or your request is denied, you may be deported before you receive a decision on your
motion. If you are deported, the BIA will automatically dismiss your motion.
(i) New Evidence
The motion to reopen must state the new facts that will be proven at the hearing if the motion is
granted and shall be supported with evidence or affidavits. You must show why this evidence was
not available at the time of your prior hearing.206 If the basis of the motion is failure to appear due to
exceptional circumstances or new facts or evidence, a filing fee of $110 is required.207
(ii) Lack of Notice/Failure to Attend Hearing
If you were ordered deported in your absence, you may file a motion to reopen if there were
exceptional circumstances which prevented you from appearing at your immigration court date or if
you can prove that you did not receive your NTA.208 If the motion to reopen or motion to reconsider
is based on a lack of notice, no fee is required.
(iii) Ineffective Assistance of Counsel209
The requirements for a claim of ineffective assistance of counsel are as follows:210
•

The motion must be supported by an affidavit, a sworn statement in which you
attest the relevant facts, including a statement of agreement between you and
your attorney with respect to representation. In other words, you must explain
the situation and how you developed a relationship with your former attorney,
including any proof that you had an attorney-client relationship. Some of these
may include any payments you made to your attorney, receipts or a retainer
agreement.

205. You must request a stay from the BIA in order to obtain one in this situation.
206. There is a very important difference between (a) evidence that you were unable to get despite your
best efforts because it did not exist or was unavailable and (b) evidence that you could have gotten, but you
neither obtained it nor presented it to the court for some reason. For the purposes of your motion to reopen,
(a) would probably constitute a valid reason for reopening your immigration case whereas (b) would probably
not be enough.
207. You should always check what the current fee is. If you cannot afford to pay the fee, you can
request a fee waiver. In order to do so, you must complete Fee Waiver Request Form EOIR-26A, available at
http://www.usdoj.gov/eoir/eoirforms/eoir26a.pdf (last visited Feb. 15, 2007).
208. INA § 240(c)(7); 8 U.S.C. § 1229a(c)(7) (2000); “Exceptional circumstances,” for the purpose of
motions to reopen, is defined in INA § 240(e)(1); 8 U.S.C. § 1229a(e)(1) (2000) as “exceptional circumstances
such as battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien, or
serious illness or death of the spouse, child or parent of the alien, but not including less compelling
circumstances) beyond the control of the alien.”
209. There is generally a fee of $110 associated with filing a motion to reopen based on ineffective
assistance of counsel. You should always check whether there is an applicable fee. If there is and you cannot
afford to pay the fee, you can request a fee waiver. In order to do so, you must complete Fee Waiver Request
Form EOIR-26A, available at http://www.usdoj.gov/eoir/eoirforms/eoir26a.pdf (last visited Feb. 15, 2007).
210. These requirements were set forth in In re Lozada, 19 I. & N. Dec. 637 (BIA 1988), aff’d 857 F.2d 10
(1st Cir. 1988); In re Rivera-Claros, 21 I. & N. Dec. 599 (BIA 1996) and In re Grijalva, 21 I. & N. Dec. 472 (BIA
1996).

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•

•

41

Before you file the motion to reopen, you must inform your former attorney of
the claims you are going to make and allow him/her the opportunity to respond
to you first. If you do receive a response from your former attorney, you should
include that in the motion as well.
The court may not consider a claim of ineffective assistance of counsel unless
you also file a formal complaint against your former attorney with the bar
association in the state where your attorney practices, or another disciplinary
authority. Each state has different requirements on how to file a complaint. Your
motion should include any attempt you made to report this attorney and if you
have not done so, your motion should include the reasons for not doing so.
You must also show that you were prejudiced (that you were hurt) because of
your former attorney’s actions. If, however, your attorney’s incompetence
actually resulted in a deportation order in your absence, you do not need to show
prejudice.

(b) Motion to Reconsider
You can file one motion to reconsider, which asks the court to reconsider the decision that you
are deportable in light of new case law or changes in the law. This motion must be filed within thirty
days of the date of entry of the final administrative deportation order. It must specify the errors of law
or fact in the previous order.211
4. Appeal to the Court of Appeals212
The REAL ID Act of 2005 (“REAL ID Act”)213, which was passed in May 2005, purports to
eliminate all reviews of final deportation orders and direct appeals by habeas corpus. This means
that the REAL ID Act would prevent you from filing an appeal with the federal district court.214
Instead, you may still file a petition for review if your claim is a question of law or a constitutional
claim, which includes a claim that your criminal conviction is not a deportable offense215 or that the
government did not prove your alienage. If your case concerned asylum, withholding of removal or
protection under the CAT, you must file a petition for review with the Federal Circuit Court in the
judicial district where your immigration court decision was made. Your petition for review must be
filed within thirty days of the BIA decision you are appealing. It is not enough to mail your petition
for review by the thirtieth day; it must be received by the thirtieth day. The REAL ID Act, however,
does contain bars to judicial review, including bars of certain discretionary decisions.

H. Detention
Non-USCs who are subject to deportation are now much more likely to be detained by ICE. You
may be held in immigration detention while your case is pending or until your deportation is
arranged. Immigration detention is not the same as criminal imprisonment. Although a criminal
conviction may have started your immigration court proceedings, immigration law is considered
211. INA § 240(c)(6); 8 U.S.C. § 1229a(c)(6) (2000).
212. The rules regarding review in federal courts are very complicated and are still evolving. You should
consult an attorney when filing anything with a federal court.
213. REAL ID Act of 2005, Pub. L. No. 109-13, 119 Stat. 231 (2005) (codified as amended in scattered
sections of 8 U.S.C.).
214. There are some cases still challenging the Constitutionality of that Act.
215. See Part D of this Chapter, which discusses grounds of deportability. See also INA § 237(a)(2); 8
U.S.C. § 1227(a)(2) (2000) (listing deportable offenses).

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civil, as opposed to criminal, law. Further, immigration detention might seem harsh, but it is
technically not considered punishment. Ironically, both of these facts result in you having fewer
rights as an immigration detainee than you do as a criminal prisoner. You do have the right,
however, to contact the consulate of your home country and the ICE arresting agent must inform you
of this right when he/she takes you into custody.
Immigration detention is an administrative necessity, a way in which the government can
temporarily “hold” you while your case and future are determined. The government’s primary
reason for detaining you is to ensure your deportation if the judge orders you deported.
1. Mandatory Detention
Depending on your immigration status and/or criminal record, you may be subject to mandatory
detention. This means you will not be eligible for the bond discussed below. If you are in mandatory
detention, you will have to fight your removal proceedings from inside the DHS detention center or the
jail or prison contracting with DHS. You will not be released from the detention center until your
removal proceedings are completed. If you win your immigration case, then you will be released. If,
however, you lose and are ordered deported, you will remain in the detention center until you depart
from the U.S.
Non-USCs who are deportable for certain crimes (including possession of a firearm) must be
detained.216 In 2000, the BIA held that if you were released from physical custody after criminal
arrest (regardless of whether you were sentenced to incarceration) after October of 1998, you are
subject to mandatory detention. 217 The Supreme Court in 2003 decided that the government is
allowed to hold non-USCs who have been convicted of any of the crimes listed below in mandatory
detention without a bond hearing.218 Therefore, if you were convicted for the crimes listed below and
released from physical custody after October of 1998, you are subject to mandatory detention and are
ineligible for bond.219 Therefore, you will have to defend your removal proceedings from within the
detention center.
If you are an inadmissible non-USC, you may be subject to mandatory detention if you have
committed any offense listed in INA § 212(c)(2); 8 U.S.C. § 1182(c)(2) (2000) or INA § 212(a)(3)(B);
8 U.S.C. § 1182(a)(3)(B) (2000).220
If you are a deportable non-USC, you may be subject to mandatory detention if you have
committed any offense listed in INA § 237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) or 237(a)(2)(A)(i); 8
U.S.C. § 1227(a)(2)(A)(ii), (A)(iii), (B), (C) or (D) (2000) or 8 U.S.C. § 1227(a)(2)(A)(i) (2000) if your
prison sentence was at least one year and INA § 237(a)(4)(B); 8 U.S.C. § 1227(a)(4)(B) (2000).221

216. INA § 236(c); 8 U.S.C. § 1226(c) (2000).
217. In re West, 22 I. & N. Dec. 1405 (BIA 2000).
218. Demore v. Kim, 538 U.S. 510, 123 S. Ct. 1708, 155 L. Ed. 2d 724 (2003).
219. However, if DHS does not pick you up and detain you immediately upon release, you may be able
to argue that you are no longer subject to mandatory detention. See Boonkue v. Ridge, 2004 U.S. Dist. LEXIS
9648 (D. Or. 2004).
220 INA § 236(c)(1)(A) and INA § 236(c)(1)(D); 8 U.S.C. § 1226(c)(1)(A) and 8 U.S.C. § 1226(c)(1)(D)
(2000); Some of the grounds for inadmissibility that make you subject to mandatory detention include, but are
not limited to, one CIMT, although the petty offense exceptions apply; controlled substance offense; drug
trafficking offense; two or more offenses with aggregate sentence of five years; prostitution; or domestic
violence or violation of an order of protection.
221. INA § 236(c)(1)(B) and INA § 236(c)(1)(C); 8 U.S.C. § 1226(c)(1)(B) (2000)and 8 U.S.C. §
1226(c)(1)(C) (2000); Some of the grounds for deportability that make you subject to mandatory detention
include, but are not limited to, two CIMTs at any time; an aggravated felony; a controlled substance offense,
with the exception of possession of 30 grams of marijuana for personal use; and a firearms offense.

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You may also be subject to mandatory detention if you are a suspected terrorist.222
2. Bond223
If you are not subject to mandatory detention, but you are being detained in an immigration
detention center (not the same as serving your criminal prison sentence), you may be able to request
a bond hearing, sometimes referred to in immigration court as a “Joseph Hearing.” 224 A bond is
similar to paying bail for your release from prison. If you are released on an immigration bond, you
may be able to defend your removal proceedings outside of the detention center.225
(a) Eligibility
You must prove eligibility for bond by demonstrating that you do not meet the requirements of
mandatory detention and that you are not an arriving alien.
If you think you may be eligible for one of the forms of relief listed in Part F of this Chapter, then
you should present evidence of why you think you may be granted that particular form of relief. A
judge is less likely to release you from detention if there is little chance that you will be able to obtain
a form of relief.
(b) Standard226
A bond hearing is a completely different hearing from both the master calendar hearing and the
individual hearing discussed in Part E of this Chapter in that you are trying to persuade the
immigration judge that you are not a flight risk or a danger to society. A flight risk is someone who is
likely to disappear and never return to immigration court to face his/her removal proceedings. A
danger to society is someone who is likely to commit crimes if released. Therefore, in order to prove
that you are not a flight risk or a danger to society, you must show that you are responsible and that
the government will be able to find you if it needs to.227
(c) Discretionary Factors
•

Proof that you are not a Flight Risk or a Danger to Society
o You should first show the judge where you will be living if you are
released on an immigration bond. Leases, mortgages and property deeds

222. INA § 236A; 8 U.S.C. § 1226a (Supp. II 2002).
223. INA § 236(a)(2); 8 U.S.C. § 1226(a)(2) (2000) states that an immigration judge is not allowed to set
a bond below $1,500 but can release you on “conditional parole,” which means the judge can let you go
without any bond. This may also be referred to as “released on your own recognizance.”
224. See In re Joseph, 22 I. & N. Dec. 799 (BIA 1999).
225. Bond is an agreement you make with the government whereby the government releases you with
the condition that you agree to appear for all of your hearings and will obey the judge’s order at the end of
your case. To secure this agreement, you must give the government a sum of money that will be returned at
the end of the proceedings. A friend or family member may pay the bond for you. If your family pays the bond
directly to the government, the bond money will be returned to your family only when your court case is
completed and only if you have complied with the court’s order, even if that order is to leave the country. If
you are ordered deported and you do not comply with the order, you or your family member will not receive
your bond money back.
226. See In re Ellis, 20 I. & N. Dec. 641 (BIA 1993).
227. Although you may submit the same or similar evidence for your bond hearing as you would for
your individual hearing (if you are applying for one of the forms of relief discussed in Part F of this Chapter),
you must resubmit all relevant evidence for each of your hearings.

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o

o
•

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will prove that you own a home or have long-term residence in the same
place. A letter from someone who agrees to let you stay with them can
also be submitted. In any case, you should give the court the address of
where it can reach you. A complete address has a street number and
name, apartment number, city, state, and zip code.
If you have an employer that is willing to hire you once you are released
from immigration detention, you should show the judge proof that you
will be employed by this person. If you were enrolled or plan on enrolling
in educational courses, you can also submit evidence of that.
If in the past you have always appeared for your scheduled court dates
and complied with court orders, you should present evidence of past
court records. If, however, there has ever been a warrant issued for your
arrest, you should be prepared to explain why you failed to appear in
court.
If you are married or have children, you should show proof of these
relationships by presenting marriage or birth certificates.

Proof of Rehabilitation
o You can prove that you have been rehabilitated by providing the judge
with copies of certificates of attendance at drug or alcohol rehabilitation
programs, letters from your counselors, therapists, or sponsors.
Sometimes, proof of involvement in a religious or civic organization or
church group may also prove that you have been rehabilitated. You
should obtain letters or affidavits from other members of the group, who
can attest to your good moral character.228
o The immigration judge will also look to your criminal convictions,
especially to determine whether you are a danger to society. If you have
any convictions including, but not limited to, violent crimes or acts in
which you put someone else’s life or well-being in danger, you should be
prepared to prove that you would no longer commit such acts.

3. Bond Appeal
If you disagree with the judge’s determination of your bond request, you may file a bond appeal
with the BIA. 229 The government may also appeal the judge’s decision if assistant chief counsel
believes that the judge should not have set bond or set the bond too low.230 In certain circumstances,
when assistant chief counsel appeals the bond, he/she invokes an automatic stay of your release,

228. See footnote 113 above, which lists what may bar a finding of good moral character.
229. When the judge decides your appeal, she will give you a form known as a Notice of Appeal. You
must complete and file the Notice of Appeal with the BIA within 30 days of the judge’s decision. The BIA
may take several months to decide your bond appeal and the immigration judge may order you removed
before you receive a decision from the BIA. You will be held in detention while your appeal is being decided.
230. The government also has a limited time to file the appeal. If they do not file an appeal, the judge’s
bond decision becomes final. Again, the immigration judge may decide to order you deported before you
receive a decision from the BIA on the question of your bond.

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which prevents you from being released from detention even though the judge granted your request
for bond.231 This stay could last until the BIA has made its decision on the bond appeal.

I. Failure to Depart from the U.S. and Returning to the U.S. after Deportation
1. Departure
If you are ordered deported, you will most likely have to leave the U.S. within ninety days.
These ninety days are referred to as your removal period. The removal period begins either the
moment your deportation order becomes administratively final or when you are released from
detention, whichever occurs later. The government has the right to extend this ninety-day period and
to detain you during your removal period. If you have not departed within ninety days and your
deportation is still pending, the government can also release you under an order of supervision.232
If you have been ordered deported and do any of the following: (1) fail to depart within your
removal period, (2) fail to make timely applications for travel or other documents necessary to
depart the U.S., (3) attempt to prevent your departure from the U.S. or (4) fail to present yourself at
the designated time and place pursuant to your deportation order, then you may be fined and be
imprisoned for up to four years. Classes of aliens who fall under INA §§ 237(a)(1)(E), 237(a)(2),
237(a)(3), or 237(a)(4); 8 U.S.C. §§ 1227(a)(1)(E), 1227(a)(2), 1227(a)(3), or 1227(a)(4) (2000) may
face imprisonment of up to ten years for failure to depart after a final order of removal.233
2. Bars To Reentry
If you are deported from the U.S., you will be prohibited from returning to the U.S. Depending
on the reasons why you were deported, you may be able to apply for reentry into the U.S. after a
designated time period. The time periods listed below refer to how long you must wait before you
apply for reentry to the U.S. Even if you wait the required amount of time, this does not mean that
your application to reenter the U.S. will be approved. Therefore, everyone who is deported from the
U.S. faces the possibility of never being able to return.
•
•
•
•
•

Failure to Appear. If you were deported because of failure to appear at your
removal proceedings, you can apply for reentry to the U.S. after five years.
Inadmissibility. If you were deported based on inadmissibility grounds (except
controlled substance offenses), you can apply for reentry to the U.S. after five
years.
Deportability. If you were deported based on deportability grounds (except
aggravated felonies), you can apply for reentry to the U.S. after ten years.
Laws Prior to 1996. If you were deported based on the immigration laws prior
to 1996, you can apply for reentry to the U.S. after ten years.
Two Deportation Orders If you were ordered deported because of two
deportation orders, you must wait twenty years before applying for reentry into
the U.S.

231. There is at least one district court case that says this automatic stay (applicable under 8 C.F.R. §
1003.19(i)(2) (2006)) is unconstitutional. See Zabadi v. Chertoff, No. C 05-1796, 2005 WL 1514122 (N.D. Cal.
June 17, 2005).
232. The terms of supervision after 90-day period are outlined in INA § 241(a)(3); 8 U.S.C. § 1231(a)(3)
(2000).
233. For the full statute, see INA § 243(a); 8 U.S.C. § 1253(a) (2000).

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Controlled Substance Offense/Aggravated Felony. If you were deported
because of a controlled substance offense or aggravated felony, you will never be
allowed to reenter the U.S.234

You should discuss your possibilities for reentry with your attorney before attempting to reenter
the U.S. because the consequences for illegal reentry are very serious.
3. Illegal Reentry
If you enter or attempt to reenter the U.S. illegally after being deported from the U.S., you may
be fined or imprisoned in a federal prison for up to twenty years. 235

234. If you have unlawful presence in the U.S., you may face additional bars to reentry. If you have
been unlawfully present in the U.S. between 180 days and one year, you must wait three years before applying
for reentry. If you were unlawfully present for one or more years, you must wait 10 years before applying for
reentry into the U.S.
235. For the full statute, see INA § 276; 8 U.S.C. § 1326 (2000); the fines are determined according to
Title 18 of the U.S.C. The length and terms of imprisonment are determined according to the basis for your
original deportation order from the U.S.

APPENDIX A
GLOSSARY
Acquired Citizenship
Children born abroad to parents who are already citizens (by birth or naturalization) are said to have
“acquired” citizenship.
Adjustment of Status
This is the process by which an alien already in the U.S. may apply to adjust his/her status to a
lawful immigration status. Aliens admitted as a non-immigrants, refugees, or parolees may adjust to
become lawful permanent residents if the alien meets the requirements as defined in INA § 245; 8
U.S.C. § 1255 (2000). See Part F of this Chapter, which discusses adjustment of status as a form of
relief from deportation in greater detail.
Affidavit
An affidavit is a written declaration made upon oath and notarized by an authorized official.
Aggravated felony
The term ‘aggravated felony’ applies to a broad category of crimes. A conviction for an aggravated
felony will bar you from most forms of relief. The list of crimes that are considered to be aggravated
felonies is defined found at INA § 101(a)(43); 8 U.S.C. § 1101(a)(43) (2000) and includes murder,
rape, sexual abuse of a minor, illegal drug trafficking, illegal trafficking in firearms or explosive
material, theft or burglary if the punishment was a prison sentence of more than one year, child
pornography, owning or managing prostitutes, some types of money laundering in excess of
$10,000, fraud or tax evasion where the loss to the victim(s) is over $10,000, smuggling aliens,
crimes of violence that receive a sentence of imprisonment for one or more years and an attempt or
conspiracy to commit any of the above.
Alien Registration Number (also known as “A number”)
Your “A number” is an eight or nine digit number preceded by the letter A (for example,
“A00000000”), which can be found on your resident alien card (if you are an LPR) or other
governmental documents relating to immigration. Your “A number” will also appear on the top of
your NTA and is used to identify you in immigration court proceedings.
Assistant Chief Counsel
See Chief Counsel.
Asylum (Asylee)
A person who entered the U.S. either legally or illegally may seek asylum if he/she fears returning to
his/her country of origin due to past persecution or a well-founded fear of being persecuted based
upon race, religion, nationality, political opinion, or membership in a particular social group. A
person who has been granted asylum is called an “asylee.” See INA § 208; 8 U.S.C. § 1158 (2000).
Board of Immigration Appeals (“BIA”)
The BIA is the highest administrative body for interpreting and applying immigration laws. It is
composed of 11 members and is located at EOIR headquarters in Falls Church, Virginia. Generally,
the Board does not conduct courtroom proceedings but has heard oral arguments of appealed cases
in rare instances.

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Bond
Bond is a payment you or a family member makes to the government which seals an agreement that
you will be released from immigration detention with the condition that you will appear to all court
proceedings and comply with the immigration judge’s final order. Paying an immigration bond is
like paying bail in criminal law.
Bond Hearing
A bond hearing is a one of several immigration court proceedings (different from a master calendar
and individual hearing) in which you request bond and attempt to convince the judge that you are
not a flight risk or danger to society. You may present some of the same or similar evidence in your
bond hearing as you would in other immigration court proceedings.
Briefing Schedule
The briefing schedule is a schedule that tells you and the government when your briefs are due.
Cancellation of Removal
Cancellation of removal is a form of relief from deportation available to LPRs under INA § 240A(a);
8 U.S.C. § 1229b(a) (2000) and to non-LPRs under INA § 240A(b); 8 U.S.C. § 1229b(b) (2000). See
Part F of this Chapter which discusses forms of relief in greater detail.
Certificate of Disposition
A certificate of disposition is an official court document stating the final disposition of the criminal
court proceeding. This is useful for proving if and how a prior criminal case against you was
resolved.
Chief Counsel
The office of chief counsel is the office of attorneys from ICE that represent the government in
immigration court proceedings. An attorney from ICE, referred to as assistant chief counsel, will
represent the government in your removal proceedings. These attorneys take immigration cases that
involve criminal convictions very seriously and will generally vigorously fight these cases on the
government’s behalf.
Commercialized Vice
“Prostitution and commercialized vice” refers to the unlawful promotion of or participation in
sexual activities for profit. It is a grounds for inadmissibility under INA § 212(a)(2)(D); 8 U.S.C. §
1182(a)(2)(D) (2000).
Controlled Substance Offense
A controlled substance is anything the government has prohibited from common sale and usage in
society, usually including illegal drugs and weapons. A controlled substance offense is crime
involving possession or use of these substances.
Convention Against Torture (“CAT”)
Pursuant to an international treaty known as the Convention Against Torture, the U.S. is prohibited
from returning anyone to a country where they may be subject to torture. Therefore, you can seek
protection under the CAT as a form of relief from deportation.
Conviction
With respect to aliens and for the purposes of removal proceedings, the term conviction means a
formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld,

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where—(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo
contendere or has admitted sufficient facts to warrant a finding a guilt, and (ii) the judge has ordered
some form of punishment, penalty, or restraint on the alien’s liberty to be imposed according to INA
§ 101(a)(48); 8 U.S.C. § 1101(a)(48) (2000).
Crime Involving Moral Turpitude (“CIMT”)
CIMTs are crimes that are “inherently immoral” and reflect “conduct that shocks the public
conscience as being inherently base, vile, or depraved, and contrary to the accepted rules of morality
and the duties owed between persons or to society in general.” See Rodriguez v. Gonzales, 451 F.3d
60, 63 (2d. Cir. 2006).
Crime(s) of Violence
Crimes of violence are offenses that have as an element the use, attempted use, or threatened use of
physical force against another person or property of another. A crime of violence can also be any
other offense that is a felony and by its nature involves a risk that physical force may be used against
the person or property of another in the process of committing the offense.
Danger to Society
Danger to society is applicable for bond hearings. In order for the judge to grant you an immigration
bond, which will release you from immigration detention, you must prove that you will not be a
danger to society (or a flight risk) if you are released. A danger to society poses a violent or
dangerous threat to the well-being of others or society as a whole. See also “flight risk.”
Deferred Inspection Appointment
A deferred inspection appointment may be given to you if you are interviewed by U.S. customs
officers at a U.S. inspection point. At this deferred inspection appointment, which will most likely
take place at your local DHS office, DHS officers will continue this interview and may place you in
removal proceedings as a result.
Department of Homeland of Security (“DHS”)
In March 2003, the U.S. Immigration and Naturalization Services (“INS”), which used to be part of
the U.S. Department of Justice, was restructured. As a result, INS no longer exists. In 2003, the
Department of Homeland Security (“DHS”) was created, as well as three new agencies within it.
These agencies took over the functions of the former INS. The United States Citizenship and
Immigration Services (“CIS”) is responsible for the administration of immigration services,
including permanent residence, naturalization, asylum, and other duties. U.S. Immigration and
Customs Enforcement (“ICE”) was created to serve the investigative and enforcement functions of
the former INS (including investigations, deportation, and intelligence). The attorneys that represent
the government in immigration court proceedings are part of ICE and are referred to as assistant
chief counsel. U.S. Customs investigators, the Federal Protective Service, and the Federal Air
Marshal Service are all also part of ICE. The U.S. Customs and Border Protection (“CBP”) was
created and took over the border functions of the INS, including border patrol and customs
inspection.
Deportation
Deportation is the process by which the government removes non-USCs from the U.S. Deportation
is now referred to as removal proceedings in immigration court. See also “removal proceedings.”

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Deportation Order (now known as “removal order”)
A deportation order is now technically referred to as a removal order (after 1997). It is an order from
an immigration judge in which you are ordered to be removed from the U.S. A final removal order
is one in which the BIA has either affirmed the immigration judge’s removal order against you or
reversed the immigration judge’s grant of relief and issued a removal order against you instead. A
prior deportation order is a deportation order that was issued in the past.
Derivative Citizenship
Derivative citizenship means you “derive” citizenship through your parent(s) who have naturalized.
See Appendix E for an explanation of derivative citizenship laws.
Detention
The government has the right to detain you in a DHS detention center or a prison or jail contracting
with DHS while your immigration case is pending. You may be eligible to request bond to be
released from detention. Because immigration detention is a civil matter, immigration detention is
different from criminal imprisonment. Therefore, if you are a detainee in a DHS detention center,
you do not have the same rights as someone who is in prison serving a criminal sentence. See also
“mandatory detention.”
Detention center (DHS detention center)
An immigration detention center is the place where non-citizens are held until their immigration
court proceedings are complete. It is different from a prison or jail, although some immigration
detainees are held in prisons or jails that contract with DHS.
Discretionary
Left to or regulated by one’s own judgment. An immigration judge exercises discretion in removal
proceedings when deciding whether to grant you the forms of relief for which you have applied.
Therefore, even if you meet the eligibility requirements and complete the application for that form of
relief, a judge can still deny you relief from deportation.
Entry without Inspection (“EWI”)
EWI is a term applied to people who come into the U.S. without proper authorization by the U.S.
government. Examples include: crossing a border without inspection or presenting false documents
to border officials.
Expungement
Expungement generally means the sealing of a criminal record so it is not publicly available.
Flight Risk
Flight risk is applicable for bond hearings. In order for the judge to grant you an immigration bond,
which will release you from immigration detention, you must prove that you will not be a flight risk
(or a danger to society) if you are released. A flight risk poses the threat of running from the law
and/or not appearing for future scheduled court dates. See also “danger to society.”
Forms of relief (from deportation)
Forms of relief provide someone facing removal proceedings with a legal excuse or a waiver. If the
form of relief is granted by an immigration judge, the non-USC will not be deported and will be
allowed to remain in the U.S.

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Green card (“Resident Alien Card”)
A green card is a US CIS I-551 Permanent Resident Card which is issued to non-USCs who have
permission to permanently live and work in the U.S. See also “Lawful Permanent Resident
(“LPR”).”
Home Country
For the purposes of this Chapter, your home country is the country in which you were born or the
country to which you would be deported.
Home Country Conditions
Some forms of relief require you to show your current home country conditions or the current state
of political, social, economic affairs or healthcare conditions in your home country.
Illegal Immigrant Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”)
IIRIRA is a set of changes to U.S. immigration laws that tightened immigration laws by expanding
grounds for deportation, instituting mandatory deportation and detention, lifetime bars to reentry,
and removing judicial discretion in a lot of cases. These laws have been in effect since April 1, 1997.
Illegal Reentry
Illegal reentry occurs when you attempt to reenter the U.S. after you have been deported. There are
serious consequences associated with illegal reentry.
Immediate Relative
For the purpose of adjustment of status, immediate relatives are spouses and unmarried children
under 21 years old of USCs and parents (if the USC is over 21 years old). Immediate relatives have
no quota or waiting time for approval of their visa.
Immigration status
Immigration status is the legal or illegal status you have in the U.S. Part B of this Chapter discusses
how you determine your immigration status in the U.S.
Inadmissibility (Inadmissible)
You are inadmissible if you do not have permission to enter the U.S. or are currently unlawfully
present in the U.S. You may be found to be inadmissible any time you seek permission to enter the
U.S., even if you are an LPR returning from a trip abroad. You may also be inadmissible if you are
found to be in present in the U.S. without permission. Inadmissibility can apply to you even if you
do not have any without criminal convictions. See INA § 212; 8 U.S.C. § 1182 (2000) for more
information about inadmissibility.
International Treaty
An international treaty is a formal agreement between two or more states (nations) in reference to
some aspect of international relations including, but not limited to, peace and commerce.
Legal Brief
For the purposes of this Chapter, a legal brief is your written account of your immigration court
proceedings, including why you believe the case should have been decided in your favor. The
purpose of the legal brief is to persuade the BIA that you should have won your immigration case.
Legal (or Lawful) Permanent Resident Status (“LPR”)
If you possess a green card or a resident alien card, then you most likely have LPR status. The
exception is that some green cards are issued for conditional permanent residency and are valid for

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only two years. If you have one of these kinds of green cards and you never obtained permanent
residency, then you do not have LPR status. (Footnote 20 in Part B(2) of this Chapter explains
conditional permanent residency in greater detail.) All other green cards are valid indefinitely, even
if they have an expiration date printed on them. LPR also refers to the people who have LPR status.
Mandatory Detention
The terms and conditions of mandatory detention are outlined in INA § 236(c); 8 U.S.C. § 1226(c)
(2000) and § 236a; 8 U.S.C. § 1226a (Supp. II 2002) (mandatory detention of suspected terrorists).
See also “detention.”
Master Calendar Hearing
The first date scheduled before an immigration judge in immigration court is known as the master
calendar hearing. You may have more than one master calendar hearing and if a judge finds that
you are not eligible for any form of relief, he/she can order you deported at the master calendar
hearing.
Nicaraguan Adjustment and Central American Relief Act (“NACARA”)
NACARA (also called “NACARA 203”) is a law passed in 1997 that provides various forms of
immigration benefits and relief from deportation to certain Nicaraguans, Cubans, Salvadorans,
Guatemalans, nationals of former Soviet bloc countries, and their dependents. Individuals granted
relief under NACARA will become LPRs and will be issued a green card. If you’d like to apply for
relief under NACARA, you must complete and file Form I-881, which can be found online at
http://www.visapro.com/Download/Suspension-of-Deportation-Form.pdf (last visited Feb. 15,
2007).
Notice to Appear (“NTA”)
The NTA is a government document that begins the removal proceedings against you. The NTA
will have basic information about you, including your name, country of origin, and how you entered
the U.S., as well as the grounds for your deportability and/or inadmissibility. See INA § 239(a); 8
U.S.C. § 1229(a) (2000).
Parolee Status
Parolees are people who the U.S. government has allowed to physically enter the country for
different reasons, such as humanitarian reasons including, but not limited to, illness or because of
home country conditions. Sometimes the government sets a specific time for parolees to remain in the
U.S. Other times, the government allows parolees to stay in the U.S. indefinitely. Some parolees can
adjust their status after one year. The most common parolees are Mariel Cubans.
Petition for Review
For the purposes of appeals to the Court of Appeals, this is a document that asserts your legal claim.
It should include your name, the reason you are requesting the Court to review your case, why the
Court has jurisdiction and that you have timely filed.
Petty Offense Exception
A single CIMT is grounds for inadmissibility but it cannot be used against you if you fall within one
of the exceptions described in INA § 212(a)(2)(A)(ii); 8 U.S.C. § 1182(a)(2)(A)(ii) (2000): either
because the non-USC committed only one CIMT when he/she was under 18 years old and the
crime was committed more than five years before the date of application for admission into the U.S.
or the non-USC committed one crime and the maximum sentence of that crime does not exceed one
year of imprisonment and the non-USC was not sentenced to more than 6 months of imprisonment.

Ch. I

IMMIGRATION LAW: THE IMMIGRATION CONSEQUENCES OF CRIMINAL ACTIVITY

53

Prior Deportation Order
A prior deportation order is a deportation order that was issued against you in the past.
Public charge
You may be considered a public charge if you depend upon public benefits as your main source of
income. Officials may consider age, health, family status, assets, education and whether you receive
(or have ever received) public benefits in the past to determine whether you are or will be a public
charge.
Rap Sheet
A rap sheet is the unofficial term for the record of a person’s criminal history.
Refugee
A refugee is a person who seeks entry and resettlement in the U.S. due to past persecution or a wellfounded fear of being persecuted based upon race, religion, nationality, political opinion, or
membership in a particular social group. See INA § 101(a)(42); 8 U.S.C. § 1101(a)(42) (2000).
Rehabilitation (Rehabilitated)
If you have undergone rehabilitation, or been rehabilitated, you have changed your life for the
better. Rehabilitation is a positive discretionary factor that a judge may consider when evaluating
certain applications for relief from removal.
Removal Period
The 90 days following your final deportation order or your release from detention. The government
has the right to extend this 90-day period and to detain you during your removal period. If you have
not departed within 90 days and your deportation is still pending, the government can also place you
under an order of supervision, as defined in INA § 241(a)(3); 8 U.S.C. § 1231(a)(3) (2000).
Removal proceedings
Removal proceedings refer to the process by which non-USCs may be forced to leave the U.S.
(formerly known as “exclusion” or “deportation” proceedings).
Retainer Agreement
A retainer agreement is a written contract for legal services between an attorney and client, which
may or may not include an hourly rate or predetermined fee.
Supporting Documents
Supporting documents are any documents you present to the court, immigration judge and assistant
chief counsel for the purposes of your immigration court proceedings (removal proceedings, master
calendar hearing, individual hearing and bond hearing). Supporting documents may also be referred
to as documentary evidence.
Temporary Protected Status (“TPS”)
The President of the U.S. will sometimes extend TPS to non-USCs from certain countries if the
government finds that armed conflict, environmental dangers, or other extraordinary and temporary
conditions in that country prevent people from returning there. The President reviews the conditions
of the country on an annual basis to determine whether the TPS status is still necessary. If it is not,
the TPS status will expire for the non-USCs from that particular country.

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Ch. I

United States Citizen (“USC”)
A USC has the right to live, work, and travel in the U.S. without restrictions, participate in the U.S.
political system and be represented and protected abroad through U.S. embassies and consulates. See
also “acquired citizenship;” “derivative citizenship”.
Unlawful presence
INA § 212(a)(9)(B)(ii); 8 U.S.C. § 1182(a)(9)(B)(ii) (2000) (“[A]n alien is deemed to be unlawfully
present in the United States if the alien is present in the United States after the expiration of the
period of stay authorized by the Attorney General or is present in the United States without being
admitted or paroled.”).
Visa
Visas are granted to non-USCs by a U.S. consul, authorizing a person to come to a U.S. port or
inspection point to apply to be admitted to the U.S. Visas are given for a specific purpose. For
example, non-USCs who come into the U.S. with a nonimmigrant visa may have a student or visitor
visa. Visas are not only given for a specific purpose, but also for a specific period of time. Once
either the purpose or time of your visa expires, you have overstayed your visa and no longer have
legal status in the U.S. For example, if you come to the U.S. with a student visa and you are no
longer a student, then your status has expired and you are now illegally present in the U.S. You have
no legal right to remain in the U.S., which is enough of a reason to put you in removal proceedings.
Therefore, if you are a visa overstay, it does not matter whether you have been convicted of any
crimes; the government can still deport you.
Visa Overstay
See explanation under Visa (above).
Voluntary Departure
Voluntary departure is an option available to some non-USCs facing deportation in which the alien
agrees to leave the U.S. within a specified period of time (usually 30 days) instead of being ordered
deported by the U.S. government. Persons convicted of aggravated felonies and individuals who
may pose security risks to the U.S. are not eligible for voluntary departure.
Withholding of Removal
Withholding of removal is a form of relief from deportation that is very similar to asylum, but more
difficult to obtain. You must prove to the immigration judge that you are unable or unwilling to
return to your country because your life or freedom would be threatened because of your race,
religion, nationality, membership in a particular social group, or political opinion. For a judge to
grant you withholding of removal, he/she must be convinced that there is a probability that you will
be persecuted. If you are granted withholding of removal, the judge will still order you deported, but
you will not have to return to your home country until it is safe for you to do so.
Witness
A witness is a person who can verify the truth of an event or story. In immigration court, it is helpful
to have witnesses appear to confirm the evidence you submit. Witnesses can include, but are not
limited to, family members, co-workers, neighbors, and community members. At a hearing, the
judge and/or assistant chief counsel may question your witnesses.

APPENDIX B
FORMS
AR-11:

Change of Address Form

G-28:

Notice of Entry of Attorney (filed when dealing with DHS, not with the court)

G-325A: Biographic Information Form (this form is submitted with most applications and
contains specific personal information about you)
I-90:

Application to Replace Permanent Resident Card

I-94:

Arrival-Departure Record

I-130:
Petition for Alien Relative (completed by the sponsoring relative in an adjustment of
status application)
I-140:
Immigrant Petition for Alien Worker (completed by the sponsoring employer in an
adjustment of status application)
I-864:
Affidavit of Support (Alternatives to the affidavit of support are the Form I-864EZ and
Form I-864W)
I-864P:

Poverty Guidelines (not filed, but used only for assistance in completing I-864 forms)

I-191:
Application for Advanced Permission to Return to Unrelinquished Domicile (used in
212(c) applications)
I-485:
Application to Register Permanent Residence or Adjust Status (submitted by the
individual wishing to obtain permanent residence). It is usually filed with supporting evidence and
may be filed with other petitions or applications.
I-601:

Application for Waiver of Ground of Excludability

I-765:

Application for Employment Authorization

I-881:
Application for Suspension of Deportation or Special Rule Cancellation of Removal
(Pursuant to § 203 of Pub. L. No. 105-100, 111 Stat. 2160 (1997) (“NACARA”))
I-246:

Application for Stay of Deportation or Removal

I-589:
Application for Asylum and Withholding of Removal (can also be used to seek relief
under CAT)
N-400:

Application for Naturalization

N-600:

Certificate of Citizenship (used for those who acquire or derive U.S. citizenship)

56

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Ch. I

These forms are found on the EOIR website:
EOIR-33/IC:

Alien’s Change of Address

EOIR-26:

Notice of Appeal to the BIA

EOIR-26A:

Fee Waiver Request

EOIR-27:
Notice of Entry of Appearance as Attorney or Representative before the Board of
Immigration Appeals
EOIR-28:
Court

Notice of Entry of Appearance as Attorney or Representative before the Immigration

EOIR-42A:

Application for Cancellation of Removal for Certain Permanent Residents

EOIR-42B: Application for Cancellation of Removal and Adjustment of Status for Certain
Nonpermanent Residents (including VAWA)

APPENDIX C
RESOURCES
Immigration and Legal Resources
American Immigration Lawyers Association (“AILA”)
www.aila.org
Amnesty International
www.amnesty.org
Asylum Law
www.asylumlaw.org
Benders Immigration Bulletin
www.bibdaily.com
Cornell Legal Information Institute
http://www.law.cornell.edu/wex/index.php/Immigration
Department of Homeland Security
www.dhs.gov
Department of Justice
www.usdoj.gov
Department of State
www.state.gov
Department of State—Human Rights
http://www.state.gov/g/drl/hr/
Detention facilities of ICE
www.ice.gov
Executive Office for Immigration Review
www.usdoj.gov/eoir
FindLaw
www.findlaw.com
Foreign Consular Offices in the U.S.
www.state.gov/s/cpr/rls/fco
Human Rights Watch
http://www.hrw.org/
International Gay and Lesbian Human Rights Commission
http://www.iglhrc.org/site/iglhrc
New York State Defenders Association: Immigrant Defense Project
www.nysda.org/idp/index.htm

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Ch. I

National Immigration Forum
www.immigrationforum.org
National Legal Aid and Defenders Association
www.nlada.org/Defender/Defender_Immigrants
Summary of Resources for Home Country Conditions
http://www.law.yale.edu/library/research/immigration/country.html
U.S. Attorneys Contact Information
www.usdoj.gov/usao/offices
U.S. Citizenship and Immigration Services
http://uscis.gov/
To order USCIS forms, you can contact USCIS’ forms line at 1-800-870-3676. For information on
immigration laws, regulations and procedures or for information about any forms or applications,
you can call the National Customer Service Center (“NCSC”) telephone line at 1-800-375-5283;
TTY: 1-800-767-1833. A family member or attorney can also contact your local USCIS office by
using Infopass, a web-based system which allows you to schedule appointments at USCIS offices.
The website for Infopass is http://infopass.uscis.gov/.
U.S. Courts
www.uscourts.gov
U.S. Customs and Border Protection
www.cbp.gov
U.S. Embassies and Missions Abroad
http://usembassy.state.gov
U.S. Immigration and Customs Enforcement (“ICE”)
www.ice.gov
United States Court of Appeals Second Circuit
www.ca2.uscourts.gov
United States Visas
www.unitedstatesvisas.gov

APPENDIX D
LIST OF LEGAL SERVICES PROVIDERS: NEW YORK
Buffalo Area
Michael Berger, Esq.
Berger & Berger, Attorneys
555 International Drive, Ste. 800
Buffalo, NY 14221
(716) 634-6500
Anne E. Doebler, P.C.
Statler Towers, Ste. 1480
107 Delaware Avenue
Buffalo, NY 14202
Erie County Bar Association
Volunteer Lawyers Project
700 Statler Towers
Buffalo, NY 14202
(716) 847-0752, ext. 37
will ONLY represent persons who are detained
Allen W. Farabee, Esq.
Immigration and Citizenship Law
310 Norwood Avenue
Buffalo, NY 14222
(716) 882-4981
(716) 882-4982, fax
F. Alejandro Gutiérrez, Esq.
1201 Collin Blvd., Ste. 5
Buffalo, NY 14223-1936
(716) 877-4276
International Institute of Buffalo
864 Delaware Avenue
Buffalo, NY 14209
(716) 883-1900
• may charge a nominal fee
• will NOT represent Canadian citizens who do not have family ties in the United States
Legal Aid Society of Rochester, Inc.
One West Main Street, Room 800
Rochester, NY 14614
(585) 295-5745 (within Monroe County)
(800) 963-5604 (outside Monroe County)
• represents aliens seeking asylum

60
•
•

A JAILHOUSE LAWYER’S MANUAL

Ch. I

representation limited to persons residing in Allegheny, Cattaraugus, Chautauqua, Genesee,
Livingston, Monroe, Niagara, Ontario, Orleans, Seneca, Steuben, Wayne, Wyoming, and Yates
Counties
Will NOT represent detained aliens

Parmanand L. Prashad, Esq.
259 Traders Blvd. East, Unit 13
Mississauga, Ontario
Canada L4Z2E5
(905) 712-1680
(416) 410-8721
Robert Kolken, Esq.
Gordon Sacks, Esq.
Eric Schultz, Esq.
Matthew Kolken, Esq.
Sacks & Kolken, Attorneys at Law
107 Delaware Avenue, Ste. 1320
Buffalo, NY 14202-2993
(716) 854-1541
Stephen K. Tills, Esq.
P.O. Box 635
6413 West Quaker Road
Orchard Park, NY 14127
(716) 662-5080
New York City Area
Catholic Charities of New York
Department of Immigrant and Refugee Services
1011 First Avenue, 12th Floor
New York, NY 10022-4134
(212) 419-3700
• Languages: Spanish, Haitian-Creole, Mandarin, Cantonese, French, Russian, Polish, Albanian,
Greek, Macedonian, Serbo-Croatian, Arabic, Turkish, Bosnian, Amharic, Italian, Hindi, Urdu,
Punjabi, Vietnamese, Portuguese, Thai
• Asylum cases accepted
• May charge nominal fee
Central American Legal Assistance
240 Hooper Street
Brooklyn, NY 11211
(718) 486-6800
• Language: Spanish
• Asylum cases accepted

Ch. I

IMMIGRATION LAW: THE IMMIGRATION CONSEQUENCES OF CRIMINAL ACTIVITY

City Bar Fund
42 West 44th Street
New York, NY 10036
(212) 382-6710
• Languages: Spanish, French
• Limited to individuals seeking asylum, domestic violence survivors seeking legal status, and
human trafficking victims
Comite Nuestra Señora de Loreto Sobre Asuntos de Inmigración
856 Pacific Street
Brooklyn, NY 11238-3142
(718) 783-4500
• Languages: Spanish, French, Italian
• Asylum cases accepted
Gay Men’s Health Crisis, Inc.
119 West 24th Street
New York, NY 10011
(212) 367-1040
• Languages: Spanish, French, Creole
• Asylum cases accepted
• Limited to HIV-positive individuals only
Hebrew Immigrant AIDS Society (“HIAS”)
333 7th Avenue
New York, NY 10001
(212) 613-1419
(212) 613-1420 (for Wackenhut Detainees only)
• Languages: Spanish, French, Russian, Polish
• Asylum cases accepted
• May charge nominal fee
Human Rights First (formerly Lawyers Committee for Human Rights)
333 7th Avenue, 13th Floor
New York, NY 10001
(212) 845-5200 (detainees only)
(212) 845-5299 (fax)
• Languages: Spanish, French
• Limited to asylum cases
• Detained cases from Wackenhut only
Caribbean Women’s Health Association—Immigrant Service Center
123 Linden Blvd.
Brooklyn, NY 11226
(718) 826-2942
• Languages: Spanish, French, Creole
• Asylum cases accepted
• May charge nominal fee

61

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Bhanu B. Ilindra, Esq.
Pasricha & Patel, LLC
1794 Oak Tree Road
Edison, NJ 08820
(732) 539-6200
(732) 593-6201 (fax)
The Legal Aid Society—Immigration Law Unit
199 Water Street, 3rd Floor
New York, NY 10038
(212) 577-3300
(212) 577-3456—Immigration detention hotline (will accept collect calls from detention facilities)
• Languages: Spanish, French, Russian, Italian, Mandarin
• Represents detained and non-detained cases before New York City immigration courts (except
Wackenhut), including persons with criminal convictions
• Also coordinates the Juvenile Immigration Representation Project for persons aged 18 and under
in removal proceedings
• Asylum cases accepted
• Immigration detention hotline open Wednesdays and Fridays from 1:00pm to 5:00pm
Nassau County Hispanic Foundation, Inc.
Immigration Law Service
233 7th Street, 3rd Floor
Garden City, NY 11530
(516) 742-0067
• Language: Spanish
• Asylum cases accepted
• May charge nominal fee
New York Association for New Americans
17 Battery Place, 9th Floor North
New York, NY 10004-1102
(212) 898-4180
• Languages: Spanish, French, Haitian-Creole, Cantonese, Mandarin, Russian, Romanian,
Tibetan
• Asylum cases accepted
• May charge nominal fee
• Priority given to survivors of domestic abuse, persecution, and/or torture
Northern Manhattan Coalition for Immigrant Rights
665 West 182nd Street
New York, NY 10033
(212) 781-0648
(212) 781-0943 (fax)
• Language: Spanish
• No asylum cases accepted
• May charge nominal fee
• Limited to non-detained cases

Ch. I

IMMIGRATION LAW: THE IMMIGRATION CONSEQUENCES OF CRIMINAL ACTIVITY

Safe Horizon (victim services/travelers’ aid)
Immigration Legal Services
74-09 37th Avenue, Room 308
Jackson Heights, NY 11372
(718) 899-1233, ext. 129 (lawyers)
• Languages: Spanish, Russian
• Asylum cases accepted
• Priority given to survivors of domestic abuse, persecution, and/or torture
• Can represent people with non-violent criminal offenses
• May charge nominal fee
Carmelia Taylor, Esq.
100 Broadhollow Road, Ste. 206
Farmingdale, NY 11735
(631) 293-8300
For a list of legal services providers outside of the New York area, you or someone you know with
internet access should visit the EOIR website at http://www.usdoj.gov/eoir/probono/states.htm:
Arizona: http://www.usdoj.gov/eoir/probono/freelglchtAZ.htm
California: http://www.usdoj.gov/eoir/probono/freelglchtCA.htm
Colorado: http://www.usdoj.gov/eoir/probono/freelglchtCO.htm
Connecticut: http://www.usdoj.gov/eoir/probono/freelglchtCT.htm
Florida: http://www.usdoj.gov/eoir/probono/freelglchtFL.htm
Georgia: http://www.usdoj.gov/eoir/probono/freelglchtGA.htm
Hawaii: http://www.usdoj.gov/eoir/probono/freelglchtHI.htm
Illinois: http://www.usdoj.gov/eoir/probono/freelglchtIL.htm
Louisiana: http://www.usdoj.gov/eoir/probono/freelglchtLA.htm
Maryland: http://www.usdoj.gov/eoir/probono/freelglchtMD.htm
Massachusetts: http://www.usdoj.gov/eoir/probono/freelglchtMA.htm
Michigan: http://www.usdoj.gov/eoir/probono/freelglchtMI.htm
Minnesota: http://www.usdoj.gov/eoir/probono/freelglchtMN.htm
Missouri: http://www.usdoj.gov/eoir/probono/freelglchtMO.htm
Montana: http://www.usdoj.gov/eoir/probono/freelglchtMT.htm
Nebraska: http://www.usdoj.gov/eoir/probono/freelglchtNE.htm
Nevada: http://www.usdoj.gov/eoir/probono/freelglchtNV.htm
New Jersey: http://www.usdoj.gov/eoir/probono/freelglchtNJ.htm
Ohio: http://www.usdoj.gov/eoir/probono/freelglchtOH.htm
Oklahoma: http://www.usdoj.gov/eoir/probono/freelglchtOK.htm
Oregon: http://www.usdoj.gov/eoir/probono/freelglchtOR.htm
Pennsylvania: http://www.usdoj.gov/eoir/probono/freelglchtPA.htm
Tennessee: http://www.usdoj.gov/eoir/probono/freelglchtTN.htm
Texas: http://www.usdoj.gov/eoir/probono/freelglchtTX.htm
Utah: http://www.usdoj.gov/eoir/probono/freelglchtUT.htm
Virginia: http://www.usdoj.gov/eoir/probono/freelglchtVA.htm
Washington: http://www.usdoj.gov/eoir/probono/freelglchtWA.htm

63

APPENDIX E
DETERMINING WHETHER CHILDREN BORN OUTSIDE THE U.S. ACQUIRED
CITIZENSHIP AT BIRTH
Chart A: Determining Whether Children Born Outside the U.S. Acquired Citizenship at Birth (if
child born out of wedlock see Chart B)—Please Note: A child cannot acquire citizenship at birth
through an adoption.1
STEP 1
Select
period
in which
child
was born

PERIOD
Prior to
May 24,
1934
On/after
May 24,
1934 and
prior to
January
14, 1941

STEP 2
Select applicable
Parentage

PARENTS
Father or mother
citizen
Both parents
citizens
One citizen and
one alien parent

STEP 3

STEP 4

Measure citizen parent’s residence before
the child’s birth against the requirements for
the period in which child was born. (The
child acquired U.S. citizenship at birth if, at
time of child’s birth, citizen parent had
already
met
applicable
residence
requirements.)

Determine whether child has since
lost U.S. citizenship. (Citizenship
was lost on the date it became
impossible to meet necessary
requirements—never before age 26.)
People who did not meet the
retention requirement can now
regain citizenship by taking an oath
of allegiance.

RESIDENCE REQUIRED OF USC
PARENT

RESIDENCE REQUIRED OF
CHILD

Citizen father or mother had resided in the
U.S.

None

One had resided in the U.S.

None

Citizen had resided in the U.S.

Five years residence in U.S. or its
outlying possessions between the
ages 13 and 21 if begun before
December 24, 1952, or two years
continuous
physical
presence
between ages 14 and 28, or five years
continuous
physical
presence2
between ages 14 and 28 if begun
before October 27, 1972.3 No
retention requirements if either alien
parent naturalized and child began to
reside permanently in U.S. while
under age 18, or if parent employed
in certain occupations such as the
U.S. Government. See U.S. Dep’t. of
State Foreign Affairs Manual (citing
§ 302(g) of the Nationality Act of
1940).4

65

On/after
January
14, 1941
and prior
to
December
24, 1952

A JAILHOUSE LAWYER’S MANUAL

One citizen and
one alien parent

Both parents
citizens; or one
citizen and one
national10
On/after
December
24, 1952
and prior
to
November
14, 1986

Both parents
citizens

One had resided in the U.S. or its outlying
possessions.
One had resided in the U.S. or its outlying
possession.

One citizen, one
national parent11

Citizen had been physically present in U.S
or its outlying possessions for a continuous
period of one year.

One citizen and
one alien parent

Citizen had been physically present in U.S.
or its outlying possessions 10 years, at least
five of which were after age 14.12

Both parents
Citizens
On/after
November
14, 1986

Citizen had resided in U.S. or its outlying
possessions 10 years, at least five of which
were after age 16. If citizen parent served
honorably in U.S. Armed Forces between
December 7, 1941 and December 31, 1946,
five of the required 10 years may have been
after age 12.5 If the citizen parent served
honorably in U.S. Armed Services between
January 1, 1947 and December 24, 1952,
parent needed 10 years physical presence, at
least five of which were after age 14.6

One citizen and
one national
parent13
One citizen and
one alien parent

One had resided in the U.S. or its outlying
possessions.
Citizen had been physically present in U.S.
or its outlying possessions for continuous
period of one year.
Citizen had been physically present in U.S.
or its outlying possessions five years, at least
two of which were after age 14.14

Ch. I
Two years continuous physical
presence between ages 14 and 28, or
five years continuous physical
presence7 between ages 14 and 28 if
begun before October 27, 1972.8 No
retention requirements if either alien
parent naturalized and child began to
reside permanently in U.S. while
under age 18, or if parent employed
in certain occupations such as the
U.S. Government. See Volume 7 of
the Foreign Affairs Manual (citing §
302(g) of the Nationality Act of
1940). (This exemption is not
applicable if parent transmitted
under
the
Armed
Services
exceptions.) People born on or after
October 10, 1952 have no retention
requirements.9
None

None

None

None

None
None
None

Produced by the Immigrant Legal Resource Center (September 2006)—Adapted from the INS Chart
Please Note: This Chart is intended as a general reference guide. You should research the applicable laws
and INS Interpretations for additional information. Please see notes on next page.

1. See Marquez-Marquez v. Gonzalez, 455 F.3d 548 (5th Cir. 2006).
2. For a discussion of continuous physical presence related to these provisions of the law, please see INS
Interpretations 301.1(b)(6).
3. If a person did not learn of the claim to U.S. citizenship before reaching age 23 or 26, whichever age was
applicable, the two-year retention requirement might be deemed to have been constructively met (in other
words, it may be waived). See INS Interpretations 301.1(b)(5)(iii) and 301.1(b)(6)(iii).

Ch. I

IMMIGRATION LAW: THE IMMIGRATION CONSEQUENCES OF CRIMINAL ACTIVITY

66

4. People who have not fulfilled the residence requirement now are permitted to regain their citizenship by
taking an oath of allegiance to the United States. See Immigration and Nationality Technical Corrections Act of
1994, Pub. L. No. 103-416, § 103(a), 108 Stat. 4305 (1994) and INA § 324(d)(1), 8 U.S.C. § 1435(d)(1) (2000). It
is the ILRC’s position that the definition of “prior to the 18th birthday” or “prior to the 21st birthday” means
prior to or on the date of the birthday. See In re L-M- and C-Y-C-, 4 I. & N. Dec. 617 (1952). But see INS
Interpretations 320.2. Yet, CIS officers (United States Citizenship and Immigration Services officials) may not
agree.
5. See INS Interpretations 301.1(b)(3)(ii) for a discussion of the residence requirements for parents who served in
the Armed Forces between December 7, 1941 and December 31, 1946.
6. See Daniel Levy, U.S. Citizenship and Naturalization Handbook (2007 & Thomson West) (citing INS
Interpretations 301.1(b)(4)(iii) & (iv) and Pub. L. No. 84-430, 70 Stat. 50 (1956)).
7. For a discussion of continuous physical presence related to these provisions of the law, please see INS
Interpretations 301.1(b)(6).
8. For a discussion of continuous physical presence related to these provisions of the law, please see INS
Interpretations 301.1(b)(6).
9. The retention requirement was repealed by Act of October 10, 1978, Pub. L. No. 95-432, 92 Stat. 1046
(1978). People who have not fulfilled the residence requirement now are permitted to regain their citizenship by
taking an oath of allegiance to the United States See Immigration and Nationality Technical Corrections Act of
1994, Pub. L. No. 103-416, § 103(a), 108 Stat. 4305 (1994) and INA § 324(d)(1), 8 U.S.C. § 1435(d)(1) (2000).
For information on the status of people who had on October 10, 1978 failed to remain in the U.S., see INS
Interpretations 301.1(b)(6)(ix).
People who have not fulfilled the residence requirement now are permitted to regain their citizenship by taking
an oath of allegiance to the United States. See Immigration and Nationality Technical Corrections Act of 1994,
Pub. L. No. 103-416, § 103(a), 108 Stat. 4305 (1994) and INA § 324(d)(1), 8 U.S.C. § 1435(d)(1) (2000).
Immigration advocates argue that “prior to the 18th birthday” or “prior to the 21st birthday” means prior to or
on the date of the birthday. See INS Interpretations 320.2 and In re L-M- and C-Y-C-, 4 I. & N. Dec. 617 (1952
BIA). Yet, CIS officers (United States Citizenship and Immigration Services officials) may not agree.
10. For a definition of “National,” see INA §§ 308, 101(a)(29), 8 U.S.C. §§ 1408, 1101(a)(29) (2000); Immigrant
Legal Resource Center, Naturalization: A Guide for Legal Practitioners and Other Community Advocates
Chapter 7-5 (2002), available at
http://www.ilrc.org/resources/ccp/A%20Guide%20for%20Legal%20Practitioners%20and%20Other%20Com
munity%20Advocates.pdf (last visited Feb. 15, 2007).
11. See endnote 10.
12. See INA § 301(g), 8 U.S.C. § 1401(g) (2000) for exceptions to the physical presence requirements for people
who served honorably in the U.S. military; were employed with the U.S. Government or with an
intergovernmental international organization; or who were the dependent unmarried sons or daughters and
member of the household of a parent in such military service or employment.
13. See endnote 10.
14. See endnote 12.

APPENDIX F
DETERMINING IF CHILDREN BORN OUTSIDE THE U.S. AND
BORN OUT OF WEDLOCK ACQUIRED U.S. CITIZENSHIP AT BIRTH
PART 1—Mother was a U.S. citizen at the time of the child’s birth.
PART 2—Mother was not a U.S. citizen at the time of the child’s birth and the child was legitimated
or acknowledged by a U.S. citizen father.
Please Note: A child cannot acquire citizenship at birth through an adoption.1

PART 1: MOTHER IS A U.S. CITIZEN AT THE TIME OF THE CHILD’S BIRTH
Date of Child’s Birth:

Prior to Dec. 24, 1952:

On/after Dec. 24,
1952:

Requirements:
Mother was a U.S. citizen who had resided in the U.S. or its outlying
possessions at some point prior to birth of child. A child whose alien
father legitimated him/her did not acquire U.S. citizenship through
his/her U.S. citizen mother if:
1. The child was born before May 24, 1934;
2. The child was legitimated before turning 21; AND
3. The legitimation occurred before January 1, 1941.
NOTE: A child born before May 24, 1934 acquired U.S. citizenship
when the Nationality Act of 1940, ch. 876, 54 Stat. 1137 (1940),
effective January 13, 1941, bestowed citizenship upon the child
retroactively to the date of birth.
Mother was U.S. citizen physically present in the U.S. or its outlying
possessions for a continuous period of one year at some point prior to
birth of child.

PART 2: MOTHER WAS NOT A U.S. CITIZEN AT THE TIME OF THE CHILD’S BIRTH
AND THE CHILD HAS BEEN LEGITIMATED OR ACKNOWLEDGED BY A U.S.
CITIZEN FATHER2
Date of Child’s Birth:

Requirements:

Prior to January 13,
1941:

1. Child legitimated at any time after birth, including adulthood, under
law of father’s domicile.
2. Use CHART A to determine if child acquired citizenship at birth.
1. Child legitimated before age 21 under law of father’s domicile, or
paternity established through court proceedings before December 24,
1952.3
2. Use CHART A to determine if child acquired citizenship at birth.
1. Child legitimated before age 21 under law of father or child’s
domicile.
2. Use CHART A to determine if child acquired citizenship at birth.

On/after January 13,
1941 and prior to
December 24, 1952:
On/after December 24,
1952 and prior to
11/15/68:

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A JAILHOUSE LAWYER’S MANUAL

On/after November 15,
1968 and prior to
November 15, 1971:

On/after November 15,
1971:5

Ch. I

1. Child legitimated before age 21 under law of father or child’s
domicile.
2. Use CHART A to determine if child acquired citizenship at birth.
-- OR –
1. Child/father blood relationship established by clear and convincing
evidence;4
2. Father must have been a U.S. citizen at the time of child’s birth;
3. Father, unless deceased, must provide written statement under oath
that he will provide financial support for child until s/he reaches 18;
and
4. While child is under age 18, child must be legitimated under law of
child’s residence or domicile, or father must acknowledge paternity of
child in writing under oath, or paternity must be established by
competent court.
5. Use CHART A to determine if child acquired citizenship at birth.
1. Child/father blood relationship established by clear and convincing
evidence;6
2. Father must have been a U.S. citizen at the time of child’s birth;
3. Father, unless deceased, must provide written statement under oath
that he will provide financial support for child until s/he reaches 18;
and
4. While child is under age 18, child must be legitimated under law of
child’s residence or domicile, or father must acknowledge paternity of
child in writing under oath, or paternity must be established by
competent court.
5. Use CHART A to determine if child acquired citizenship at birth.

Produced by the Immigrant Legal Resource Center (September 2006)
Please Note: This Chart is intended as a general reference guide. You should research the
applicable laws and INS Interpretations for additional information.
1. See Marquez-Marquez v. Gonzalez, 455 F.3d 548 (5th Cir. 2006).
2. If the child did not acquire citizenship through the mother, but was legitimated by a U.S. citizen father
under the following conditions, apply the acquisition law pertinent to legitimate children born in a foreign
country. (CHART A) Please note that the U.S. Supreme Court ruled that even though the laws treat children
born out of wedlock to U.S. citizen fathers differently than the laws treat children born out of wedlock to U.S.
citizen mothers, those laws are constitutional and do not violate equal protection. See Tuan Anh Nguyen v.
INS, 533 U.S. 53, 121 S. Ct. 2053, 150 L. Ed. 2d 115 (2001).
3. If legitimated before age 21, U.S. Citizen father must comply with residence requirements of the Nationality
Act of 1940. See CHART A, period January 13, 1941 to December 24, 1952.
4. See Miller v. Albright, 523 U.S. 420, 437, 118 S. Ct. 1428, 1439, 140 L. Ed. 2d 575, 591 (1998)
(determinging that a clear and convincing standard of proof of paternity does not require DNA evidence).
Before the 1986 amendment requiring proof of blood relation by clear and convincing evidence, Act of Nov.
14, 1986, Pub. L. No. 99-653, paternity could be shown by birth certificates, school records, or hospital
records. However, under State Department guidelines, an actual blood relationship must be shown; being born
in wedlock is not enough, even if it is assumed that the child is the issue (offspring) of the parents’ marriage
according to the law of the jurisdiction where the child was born. See U.S. Dep’t of State, 7 Foreign Affairs
Manual 1131.4(a) (Sept. 3, 2004). Miller v. Albright indicated that DNA evidence is unnecessary, but that was

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69

only dictum in a plurality opinion joined by only one justice, so it does not carry the force of law. Certainly
DNA evidence would be enough, but it is unclear how much less convincing evidence could be and still
overcome the “clear and convincing” hurdle. DNA testing should be conducted if possible. But see Scales v.
INS, 232 F.3d 1159 (9th Cir. 2000).
5. If legitimated before age 21, US. Citizen father must comply with residence requirements of the Nationality
Act of 1940. See CHART A, period January 13, 1941 to December 24, 1952. Note that if the child was born on
or after November 15, 1986, the residence requirement for the U.S. citizen father under CHART A changes.
6. See endnote 4.

APPENDIX G
DERIVATIVE CITIZENSHIP—LAWFUL PERMANENT RESIDENT CHILDREN GAINING CITIZENSHIP THROUGH
PARENTS’ CITIZENSHIP
Date of Last Act
Requirements—[Please note that it is the Immigrant Legal Resource Center’s position that all advocates
should argue that the definition of “prior to the 18th birthday” or “prior to the 21st birthday” means
before or on the date of the birthday. See In re L-M- and C-Y-C-, 4 I. & N. Dec. 617 (1952) which
supports this proposition with respect to retention requirements for acquisition of citizenship; INS
Interpretations 320.2. Yet, CIS officers (United States Citizenship and Immigration officials) may not
agree with the ILRC’s position that the definition of “prior to the 18th birthday” or “prior to the 21st
birthday” means “prior to or on the 18th birthday” or “prior to or on the 21st birthday.”] Note that in at
least one federal district court case, the court held that a child derived citizenship automatically even
though his mother naturalized after his 18th birthday because due to factors beyond his mother’s control,
the mother’s citizenship interview had been rescheduled to a date past the child’s 18th birthday. Rivas v
Ashcroft, 2002 U.S. Dist. Lexis 16254, 2002 WL 2005797 (S.D.N.Y. 2002); see also Harriott v. Ashcroft,
277 F. Supp. 2d 538 (E.D. Pa. 2003).
Either one or both parents must have been naturalized before the child’s 21st birthday;2
Child must be lawful permanent resident before the 21st birthday;3
Illegitimate child may derive through mother’s naturalization only;
A legitimated child must have been legitimated according to the laws of the father’s domicile;4
Adopted child and stepchild cannot derive citizenship.

Prior to May 24, 1934:1

a.
b.
c.
d.
e.

May 24, 1934 to January 12,
1941:

a. Both parents must have been naturalized and begun lawful permanent residence in the U.S. before
the child’s 21st birthday;
b. If only one parent is being naturalized and s/he is not widowed or separated, the child must have five
years lawful permanent residence in the U.S. commencing during minority, unless the other parent is
already a U.S. citizen;5
c. Child must be lawful permanent resident before the 21st birthday;
d. Illegitimate child may derive through mother’s naturalization only, in which case the status of the
other parent is irrelevant;
e. Legitimated child must have been legitimated according to the laws of the father’s domicile;6
f. Adopted child and stepchild cannot derive citizenship.

January 12, 1941 to December
23, 1952:

December 24, 1952 to October
4, 1978:12

October 5, 1978 to February
26, 2001:

a. Both parents must naturalize, or if only one parent naturalizes, the other parent must be either a U.S.
citizen at the time of the child’s birth and remain a U.S. citizen, or, be deceased, or the parents must
be legally separated7 and the naturalizing parent must have legal custody;8
b. Parent or parents must have been naturalized before the child’s 18th birthday;
c. Child must have been lawfully admitted for permanent residence before the 18th birthday;
d. Illegitimate child can only derive if while s/he was under 16, s/he became a lawful permanent
resident and his/her mother naturalized and both of those events (naturalization of mother and
permanent residence status of child) occurred on or after 1/13/41 and before 12/24/52;9
e. Legitimated child must be legitimated under the law of the child’s residence or place of domicile
before turning 16 and be in the legal custody of the legitimating parent;10
f. Adopted child and stepchild cannot derive citizenship.11
a. Both parents must naturalize, or if only one parent naturalizes, the other parent must be either a U.S.
citizen at the time of the child’s birth and remain a U.S. citizen,13 or be deceased, or the parents must
be legally separated14 and the naturalizing parent must have custody.15
b. In the case of a child who was illegitimate at birth, the child must not be legitimated, and it must be
the mother who naturalizes.16 If the child is legitimated, s/he can derive only if both parents
naturalize, or the non-naturalizing parent is dead.17
c. Parent or parents must have been naturalized before the child’s 18th birthday;18
d. Child must have been lawfully admitted for permanent residence before the 18th birthday;19
e. Child must be unmarried;20
f. Adopted child and stepchild cannot derive citizenship 21
a. Both parents must naturalize, or if only one parent naturalizes, the other parent must be either a U.S.
citizen at the time of the child’s birth and remain a U.S. citizen,22 or be deceased, or the parents must
be legally separated 23 and the naturalizing parent must have legal custody.24
b. In the case of a child who was illegitimate at birth, the child must not be legitimated, and it must be
the mother who naturalizes. If the child is legitimated, s/he can derive only if both parents
naturalize, or the non-naturalizing parent is dead.25
c. Parent or parents must have been naturalized before the child’s 18th birthday;26
d. Child must have been lawfully admitted for permanent residence before the 18th birthday;27
e. Child must be unmarried;28
f. Adopted child may derive citizenship if the child is residing in the U.S. at the time of the adoptive
parent(s)’s naturalization,29 is In the legal custody of the adoptive parent(s), is a lawful permanent
resident and adoption occurred before s/he turned 18.30 Stepchild cannot derive citizenship.

a. At least one parent is a U.S. citizen either by birth or naturalization.32
b. In the case of a child who was born out of wedlock, the mother must be the one who is or becomes a
citizen and the father must not have legitimated the child,33 OR, if the father is a U.S. citizen through
naturalization or other means then the child must have been legitimated by the father under either
the law of the child’s residence or domicile or the law of the father’s residence or domicile and the
Anyone who, on or after
legitimation must take place before the child reaches the age of 16.34
February 27, 2001, meets the
c. Child is under 18 years old.35
following requirements, is a
d. Child must be unmarried.36
U.S. citizen:31
e. Child is a lawful permanent resident.37
f. Child is residing in the U.S. in the legal and physical custody of the citizen parent.38
g. Adopted children qualify so long as s/he was adopted before the age of 16 and has been in the legal
custody of, and has resided with, the adopting parent(s) for at least two years.39 An adopted child
who qualifies as an orphan under INA § 101(b)(1)(F) also will qualify for derivation.
Produced by Immigrant Legal Resource Center (October 2006)—This Chart is intended as a general reference guide. You should research
the applicable law.

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73

Endnotes for Chart C:
1.
Prior to 1907 a mother could transmit citizenship only if she was divorced or widowed. See
Daniel Levy, U.S. Citizenship and Naturalization Handbook (2007 & Thomson West).
2.
It is the ILRC’s position, and the ILRC believes that all advocates should argue, that the
definition of “prior to the 18th birthday” or “prior to the 21st birthday” means prior to (before) or on
the date of the birthday. See In re L-M- and C-Y-C-, 4 I. & N. Dec. 617 (1952) (supporting this
proposition with respect to retention requirements for acquisition of citizenship). But see INS
Interpretations 320.2. Yet, CIS officers may not agree.
3.
Prior to 1907 the child could take up residence in the U.S. after turning 21 years of age. See
Daniel Levy, U.S. Citizenship and Naturalization Handbook (2007 & Thomson West) (citing Sec. 5,
Act of March 2, 1907).
4.
Legitimation could take place before or after the child turns 21. The child derives citizenship
upon the naturalization of the parent(s) or upon the child taking up residence in the U.S. See Daniel
Levy, U.S. Citizenship and Naturalization Handbook (2007 & Thomson West) (citing Sec. 4, Act of
1802 as supplemented by Sec. 5, Act of 1907); see also INS Interpretations 320.1.
5.
The five-year period can begin before or after the naturalization of the parent and can last
until after the child turns 21 and until after 1941. See Sec. 5, Act of March 2, 1907 as amended by
Sec. 2, Act of May 24, 1934 and INS Interpretations 320.1(a)(3).
6.
Legitimation could take place before or after the child turns 21. The child derives citizenship
upon the naturalization of the parent(s) or upon the child taking up residence in the U.S. See Daniel
Levy, U.S. Citizenship and Naturalization Handbook (2007 & Thomson West) (citing Sec. 4, Act of
1802 as supplemented by Sec. 5, Act of 1907); see also INS Interpretations 320.1.
7.
“Legal separation” of the parents can be a complicated topic. In In re H, 3 I. & N. Dec. 742
(BIA 1949), the BIA found that “Legal Separation” as used in the context of derivation of
citizenship means some sort limited or absolute divorce through judicial proceedings. Several
appeals courts have weighed in on the issue as well. See Afeta v. Gonzalez, 467 F.3d 402 (4th Cir.
2006); Wedderburn v. INS, 215 F.3d 795, 799 (7th Cir. 2000); Nehme v. INS, 252 F.3d 415, 422
(5th Cir. 2001); Bagot v Ashcroft, 398 F.3d 252 (3d Cir. 2005).
8.
See U.S. Dep’t of State, 7 Foreign Affairs Manual 1153.4-3 (Sept. 3, 2004). Until recently,
the general rule was that if the parents have a joint custody decree (legal document), then both
parents have legal custody for purposes of derivative citizenship. See Daniel Levy, U.S. Citizenship
and Naturalization Handbook (2007 & Thomson West) (citing Passport Bulletin 96-18 (Nov. 6,
1996)). But the 5th Circuit Court of Appeals recently ruled that the naturalizing parent must have
sole legal custody for the child to derive citizenship and thus, at least in the 5th Circuit, a joint legal
custody decree will not be sufficient to allow a child to derive citizenship. See Bustamante-Barrera v
Gonzalez, 447 F.3d 388 (5th Cir.2006).
When the parents have divorced or separated and the decree does not say who has custody
of the child and the U.S. citizen parent has physical custody (meaning the child lives with that
parent), the child can derive citizenship through that parent provided all the other conditions are
met. See U.S. Dep’t of State, New Interpretation of Claims to Citizenship Under Section 321(a) of the
INA, Passport Bulletin 96-18 (Nov. 6, 1996) (citing Passport Bulletin 93-2 (Jan. 8, 1993)).
According to INS Interpretations 320.1, in the absence of a state law or adjudication of a
court dealing with the issue of legal custody, the parent having actual uncontested custody of the
child is regarded as having the requisite legal custody for “derivation purposes,” provided the
required “legal separation” of the parents has taken place. See INS Interpretations 320.1(b); In re M3 I. & N. Dec. 850 (BIA 1950). Where the actual “parents” of the child were never lawfully married,
there can be no legal separation. See INS Interpretations 320.1(a)(6) (citing In re H –, 3 I. & N. Dec.
742 (1949)). Thus, illegitimate children cannot derive citizenship through a father‘s naturalization

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Ch. I

unless the father has legitimated the child, the child is in the father’s legal custody, and the mother
was either a citizen (by birth or naturalization) or the mother has died. Where the actual “parents”
of the child were never lawfully married, there could be no legal separation. See Bagot v. Ashcroft,
398 F.3d 252 (3d Cir. 2005); Nehme v. INS, 252 F.3d 415 (5th Cir. 2001).
Citizenship derived through the mother by a child who was illegitimate at birth will not be
lost due to a subsequent legitimation. See 7 Charles Gordon, Stanley Mailman, & Stephen YaleLoehr, Immigration Law and Procedure § 98.03[4](e).
9.
See INS Interpretations 320.1(c).
10.
See INS Interpretations 320.1(a)(6) (explaining that in the absence of a state law or
adjudication of a court dealing with the issue of legal custody, the parent having actual uncontested
custody of the child is regarded as having the requisite legal custody for “derivation purposes,”
provided the required “legal separation” of the parents has taken place); see In re M-, 3 I. & N. Dec.
(BIA 1950); INS Interpretations 320.1(b); endnote 8 above. Please note, the only way that an
illegitimate child can derive citizenship through a father’s naturalization is if 1) the father legitimates
the child, and 2) both parents naturalize (unless the mother is already a citizen, or the mother is
dead). Under any other circumstances, an illegitimate child never derives from a father’s
naturalization. The definition of “child” in INA § 101(c)(1); 8 U.S.C. § 1101(c)(1) (2000) requires
that the legitimated child be legitimated under the law of the father’s or child’s domicile before
turning age 16.
11.
Although both the CIS and the State Department take the position that adopted children
during this period could not derive citizenship, an argument can be made that children who were
adopted before turning 16 and who were in the custody of the adopting parent(s) could derive
citizenship. See Daniel Levy, U.S. Citizenship and Naturalization Handbook (2007 & Thomson
West).
12.
Traditionally, the view has been that as long as all the conditions in this section are met
before the child’s 18th birthday, the child derived citizenship regardless of the order in which the
event occurred. See U.S. Dep’t of State, Passport Bulletin 96-18, issued November 6, 1996, entitled
“New Interpretation of Claims to Citizenship Under Section 321(a) of the INA.” The BIA cited this
Passport Bulletin in In re Julio Augusto Fuentes-Martínez, Interim Decision 3316 (BIA, April 25, 1997).
But in Jordan v. Attorney General, 424 F.3d 320 (3d Cir. 2005), the 3d Circuit Court came out with a
different position by finding that where the separation occurred after the parent naturalized, the child
did not derive citizenship. Hopefully, the CIS and most circuit courts will not follow the 3d Circuit’s
decision in Jordan.
13.
See U.S. Dep’t of State, 7 Foreign Affairs Manual 1153.4-4 (Sept. 3, 2004) for a general
description of the law.
14.
“Legal separation” of the parents can be a complicated topic. In In re H, 3 I. & N. Dec. 742
(BIA 1949), the BIA found that “Legal Separation” as used in the context of derivation of
citizenship means some sort limited or absolute divorce through judicial proceedings. Several
appeals courts have weighed in on the issue as well. See Afeta v. Gonzalez, 467 F.3d 402 (4th Cir.
2006); Wedderburn v. INS, 215 F.3d 795, 799 (7th Cir. 2000); Nehme v. INS, 252 F.3d 415, 422
(5th Cir. 2001); Bagot v Ashcroft, 398 F.3d 252 (3d Cir. 2005).
15.
See endnote 8 above.
16.
In order for an illegitimate child to derive citizenship through her mother s/he must not
have been legitimated prior to obtaining derivation of citizenship. See INA § 321(a)(3) as amended
by Pub. L. No. 95-417, 92 Stat. 917 (1978). However, if the father legitimated the child before
derivation, then both parents must naturalize in order for the child to qualify unless one parent is a
U.S. citizen or is deceased. See INA § 321(a)(1) as amended by Pub. L. No. 95-417, 92 Stat. 917
(1978). If legitimation occurs after the child has derived citizenship, the child remains a U.S. citizen

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75

even if the father did not naturalize. See Charles Gordon, Stanley Mailman, & Stephen Yale-Loehr,
Immigration Law and Procedure, Volume 7, Chapter 98, § 98.03[4](e).
17.
See INS Interpretations 320.1(c).
18.
The law from 1952 to 1978 law stated prior to “16th birthday.” The new law stating prior to
the “18th birthday” is retroactively applied to 12/24/52. See In re Julio Augusto Fuentes-Martínez,
Interim Decision 3316 (BIA, April 25, 1997) (citing Passport Bulletin 96-18).
19.
A small minority of practitioners believes that a strict reading of INA § 321(a)(5) (formerly
codified at 8 U.S.C. § 1432(a)(5), repealed 2000) would allow a child to derive citizenship if both
parents naturalized while the child was still under 18 years old and was unmarried even if the child
was not a lawful permanent resident—but only if the child began to reside permanently in the
United States while under the age of 18 and after his or her parents naturalized. The argument is that
there is a difference between being a lawful permanent resident and to “reside permanently.” The
CIS and most practitioners, however, are of the opinion that the child must be a lawful permanent
resident to derive citizenship no matter the circumstances. Although there is no authoritative case
law on a national level, there is some case law agreeing with the CIS’ opinion on this issue. See
Charles Gordon, Stanley Mailman, & Stephen Yale-Loehr, Immigration Law and Procedure,
Volume 7, Chapter 98, § 98.03(3)(f).
20.
See INA § 101(c)(1), 8 U.S.C. § 1101(c)(1) (2000).
21.
Although both the CIS and the State Department take the position that adopted children
during this period could not derive citizenship, an argument can be made that children who were
adopted before turning 16 and who were in the custody of the adopting parent(s) could derive
citizenship. See Daniel Levy, U.S. Citizenship and Naturalization Handbook (2007 & Thomson
West).
22.
See U.S. Dep’t of State, 7 Foreign Affairs Manual 1153.4-4 (Sept. 3, 2004) for a general
description of the law.
23.
“Legal separation” of the parents can be a complicated topic. In In re H, 3 I. & N. Dec. 742
(BIA 1949), the BIA found that “Legal Separation” as used in the context of derivation of
citizenship means some sort limited or absolute divorce through judicial proceedings. Several
appeals courts have weighed in on the issue as well. See Afeta v. Gonzalez, 467 F.3d 402 (4th Cir.
2006); Wedderburn v. INS, 215 F.3d 795, 799 (7th Cir. 2000); Nehme v. INS, 252 F.3d 415, 422
(5th Cir. 2001); Bagot v Ashcroft, 398 F.3d 252 (3d Cir. 2005).
24.
See endnote 8 above.
25.
See endnote 10 above.
26.
The law from 1952 to 1978 stated prior to “16th birthday.” The new law stating prior to the
“18th birthday” is retroactively applied to 12/24/52. See In re Fuentes-Martínez, Interim Decision
3316 (BIA, April 25, 1997) (citing U.S. Dep’t of State, Passport Bulletin 96-18).
27.
See endnote 19 above.
28.
See INA § 101(c)(1), 8 U.S.C. § 1101(c)(1) (2000).
29.
Adopted children must be residing in the U.S. pursuant to a lawful admission for permanent
residence at the time of the adoptive parent(s)’ naturalization. See Passport Bulletin 96-18. Thus, in
derivation cases for adopted children, the sequence of events can be important. This is different than
the practice in derivation cases for biological children. Although both the CIS and the State
Department take the position that adopted children during this period could not derive citizenship,
an argument can be made that children who were adopted before turning 16 and who were in the
custody of the adopting parent(s) could derive citizenship. See Daniel Levy, U.S. Citizenship and
Naturalization Handbook (2007 & Thomson West).
30.
Between October 5, 1978 and December 29, 1981, adopted children could only derive
citizenship if adoption occurred before the child turned 16. See INS Interp.320.1 (d)(2).

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31.
People born between February 27, 1983 and February 26, 2001 may derive citizenship by
satisfying the requirements of either this row or the “10/5/78 to 2/26/01” row.
32.
INA § 320 as amended by the Child Citizenship Act of 2000, Pub. L. No. 106-395, 114 Stat.
1631 (codified at 8 U.S.C. §§ 1431–33).
33.
See U.S. Dep’t of Homeland Sec., Bureau of Citizenship & Immigration Servs., Eligibility of
Children Born out of Wedlock for Derivative Citizenship, Memo No. HQ 70/34.2-P (Sept. 26,
2003). Although immigration advocates believe this Bureau of Citizenship and Immigration memo
should apply to mothers who naturalized or who became U.S. citizens by birth in the U.S.,
derivation, or acquisition of citizenship, the CIS may successfully argue that it only applies to
naturalized mothers because the memo specifically states “Assuming an alien child meets all other
requirements of Section 320 and 322, an alien child who was born out of wedlock and has not been
legitimated is eligible for derivative citizenship when the mother of such a child becomes a
naturalized citizen.”
34.
The text of INA § 320 as amended by the Child Citizenship Act of 2000, Pub. L. No. 106395, 114 Stat. 1631 (codified at 8 U.S.C. §§ 1431–33) does not mention illegitimacy, but INA §
101(c)(1) excludes illegitimate children from the definition of “child,” unless legitimated by the
father under either the law of the child’s domicile or the law of the father’s domicile. The
legitimation requirement will be a hurdle for some people for two reasons. First, the legitimation
must take place before the child turns 16. Once s/he turns 16, it is too late for the legitimation to
count for § 320 citizenship purposes. Please note that neither INA § 320 nor 8 C.F.R. § 320.1 (2006)
state the legitimation must occur before the 16th birthday. Thus, some argue that such a legitimation
could take place even between the 16th and 18th birthdays. This argument appears weak because of
the definition of child found in INA §101(c), which applies to the citizenship and naturalization
contexts. Second, many people do not think about or know about the legitimation process. It is
important to note that according to the U.S. Dep’t of Homeland Sec., Bureau of Citizenship &
Immigration Servs., Eligibility of Children Born out of Wedlock for Derivative Citizenship, Memo
No. HQ 70/34.2-P (Sept. 26, 2003), only naturalized mothers can confer citizenship upon their
unlegitimated children born of wedlock under INA § 320, 8 U.S.C. § 1431 (2000). The Immigrant
Legal Resource Center assumes that mothers who are U.S. citizens by other means such as birth in
the U.S. also can confer citizenship under INA § 320 to such children.
35.
INA § 320 as amended by the Child Citizenship Act of 2000, Pub. L. No. 106-395, 114 Stat.
1631 (codified at 8 U.S.C. §§ 1431–33).
36.
INA § 320 as amended by the Child Citizenship Act of 2000, Pub. L. No. 106-395, 114 Stat.
1631 (codified at 8 U.S.C. §§ 1431–33).
37.
INA § 320 as amended by the Child Citizenship Act of 2000, Pub. L. No. 106-395, 114
Stat. 1631 (codified at 8 U.S.C. §§ 1431–33).
38.
INA § 320 as amended by the Child Citizenship Act of 2000, Pub. L. No. 106-395, 114 Stat.
1631 (codified at 8 U.S.C. §§ 1431–33). It is the ILRC’s interpretation that for purposes of the Child
Citizenship Act of 2000, the CIS will presume that a child who was born out of wedlock and has not
been legitimated and whose mother has naturalized or is a U.S. citizen through any other means
(i.e., birth in U.S, acquisition or derivation) would be considered to be in the legal custody of the
mother for § 320 citizenship. See U.S. Dep’t of Homeland Sec., Bureau of Citizenship &
Immigration Servs., Eligibility of Children Born out of Wedlock for Derivative Citizenship, Memo
No. HQ 70/34.2-P (Sept. 26, 2003). Additionally, 8 C.F.R. § 320.1 (2006) sets forth several different
scenarios in which the CIS presumes, absent evidence to the contrary, that the parent has the
necessary legal custody to apply for § 320 citizenship for his/her child:
(1) The CIS will presume, absent evidence to the contrary, that both parents have legal
custody for purposes of § 320 citizenship where their biological child currently
resides with them and the parents are married, living in marital union, and not separated.

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(2) The CIS will presume, absent evidence to the contrary, that a parent has legal custody for
purposes of § 320 citizenship where his/her biological child lives with him/her and the child’s other
parent is dead.
(3) The CIS will presume, absent evidence to the contrary, that a parent has legal custody for
purposes of § 320 citizenship if the child was born out of wedlock, the parent lives with the child,
and the parent has legitimated the child while the child was under 16 and according to the laws of
the legitimating parent or child’s domicile.
(4) Where the child’s parents are legally separated or divorced and a court or other
appropriate governmental entity has legally awarded that the parents have joint custody of the child,
the CIS will presume, absent evidence to the contrary, that such joint custody means that both
parents have legal custody of the child for purposes of § 320 citizenship.
(5) Where the parents of the child have divorced or legally separated, the CIS will find that
for the purposes of citizenship under INA § 320 a parent has legal custody of the child where there
has been an award of primary care, control, and maintenance of a minor child to a parent by a court
or other appropriate government agency pursuant to the laws of the state or county of residence.
(6) The regulations state there may be other factual circumstances under which the CIS will
find that a U.S. citizen parent has legal custody for purposes of § 320 citizenship. Advocates and
their clients should be creative in thinking of other ways to prove that the CIS should determine that
a U.S. citizen parent has legal custody if the parent-child relationship does not fit into one of the
categories listed above.
39 INA § 320 as amended by the Child Citizenship Act of 2000, Pub. L. No. 106-395, 114 Stat. 1631
(codified at 8 U.S.C. §§ 1431–33) and INA §101(b)(1).

CHAPTER II
THE RIGHT TO CONSULAR ACCESS

*

A. Introduction
This Chapter is of special interest to you if you are a citizen1 of a country other than the United
States. Part B explains your right to consular access. Part C discusses the reasons why you may want
to contact your consulate and reasons why you may not want to do so. Consular officers may be
able to help you in criminal cases—for example, they can gather mitigating evidence in death
penalty cases. They may also help you if your rights have been violated, and they will often help in
deportation proceedings. Part D gives some practical advice on when and how to contact your
consulate. The Appendix to this Chapter lists contact information for certain countries, organized by
your country of nationality.

B. The Right to Consular Access
If you are a foreign national, you have the right to consular access. You are a foreign national if
you are a citizen of a country other than the United States of America, or a dual citizen. Consular
access means that you have the right to contact your local consulate or embassy as well as the right
to have regular communications with consular officers from your native country.
1. The Vienna Convention on Consular Relations
The right to consular access is guaranteed under the Vienna Convention on Consular Relations,2
a multilateral treaty signed by over 100 nations, including the United States. You may also have this
right under a bilateral (two-party) treaty between the United States and your country of nationality.
Article 36(1) of the Vienna Convention reads as follows:
With a view to facilitating the exercise of consular functions relating to nationals of the sending
State:
(a) consular officers shall be free to communicate with nationals of the sending State and to
have access to them. Nationals of the sending State shall have the same freedom with respect
to communication with and access to consular officers of the sending State;
(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform
the consular post of the sending State if, within its consular district, a national of that State is
arrested or committed to prison or to custody pending trial or is detained in any other
manner. Any communication addressed to the consular post by the person arrested, in
prison, custody or detention shall also be forwarded by the said authorities without delay.
The said authorities shall inform the person concerned without delay of his rights under this
sub-paragraph;

*
This Chapter was revised by Manfred Gabriel based in part on a previous version written by Lara A. Ballard.
1. See JLM Supplement Chapter I, “Immigration Law: The Immigration Consequences of Criminal Activity” for a
definition of a citizen as well as some of the other terms used throughout this chapter.
2. Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261 (entered into force
Mar. 19, 1967). See generally Logene L. Foster and Stephen Doggett, Vienna Convention: New Tool for Representing Foreign
Nationals in the Criminal Justice System, 21-MAR Champion 6 (1997) (describing the rights and obligations of consulates and
domestic authorities under Article 36 of the Vienna Convention on Consular Relations and discussing the impact of the
treaty on arrested foreign nationals); Mark J. Kadish, Article 36 of the Vienna Convention on Consular Relations: A Search for the
Right to Consul, 18 Mich. J. Int’l L. 565 (1997) (discussing the implications of the treaty and United States case law relating
to the issue).

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(c) consular officers shall have the right to visit a national of the sending State who is in prison,
custody or detention, to converse and correspond with him and to arrange for his legal
representation. They shall also have the right to visit any national of the sending State who is
in prison, custody or detention in their district in pursuance of a judgment. Nevertheless,
consular officers shall refrain from taking action on behalf of a national who is in prison,
custody or detention if he expressly opposes such action.3
This treaty is the equivalent of a federal statute and it is therefore binding on federal, state, and
local law enforcement authorities (meaning that all police must comply with it).4 United States
Department of Homeland Security officials are further bound by federal statute.5
If you are a foreign national, this means that: (1) the police must inform you of your right to
consular access (just like they must inform you of your Miranda rights); and (2) if you want to talk to
a consular officer, the consular officer must be allowed to call, write, or visit you in prison in order
to answer your questions and may offer you whatever assistance he wishes. Also, if you request it,
the official who is holding you in custody must ensure that the nearest consulate or embassy is
notified of your arrest without delay. In some cases, depending on what country you are from, the
nearest consular officials must be notified of your arrest or detention, even if you do not wish that to
happen.6
2. Suing for Violations of the Right to Consular Access
IF THE POLICE DENY YOU ACCESS TO A CONSULAR OFFICER, THEY ARE
VIOLATING FEDERAL LAW.7 However, it is unclear whether individuals can sue law
enforcement agencies for violating their consular rights.
3. Vienna Convention on Consular Relations, art. 36, Apr. 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261 (entered into
force Mar. 19, 1967).
4. The U.S. Department of State regularly sends letters to law enforcement agencies reminding them of these
obligations, and provides them with the phone numbers of consulates throughout the United States. See, e.g., U.S. Dep’t of
State, Notice for Law Enforcement Officials on Detention of Foreign Nationals (Oct. 1, 1992). This is updated every two
to five years. The most recent notice of this kind is U.S. Dep’t of State, Consular Notification and Access: Instructions for
Federal, State, and Local Law Enforcement and Other Officials Regarding Foreign Nationals in the United States and the
Rights of Consular Officials to Assist Them, available at http://travel.state.gov/pdf/CNA_book.pdf (last visited Feb. 28,
2007).
5. “Every detained alien shall be notified that he or she may communicate with the consular or diplomatic officers
of the country of his or her nationality in the United States.” 8 C.F.R. § 236.1(e) (2006). This is a regulation of the Bureau
of Citizenship and Immigration Services in the Department of Homeland Security. The regulation is also followed by the
FBI, DEA, U.S. Marshals Office, and all other Department of Justice agents. For more information on the legal grounds
for consular notification, see U.S. Dep’t of State, Consular Notification and Access: Instructions for Federal, State, and
Local Law Enforcement and Other Officials Regarding Foreign Nationals in the United States and the Rights of Consular
Officials to Assist Them, available at http://travel.state.gov/pdf/CNA_book.pdf (last visited Feb. 28, 2007).
There is some disagreement in the courts over the binding nature of international agreements when Congress has not
passed laws to enforce them. In addition, it is not clear to what extent federal law can require state officials to take action;
see Printz v. United States, 521 U.S. 898, 935, 117 S. Ct. 2365, 2384, 138 L. Ed. 2d 914, 944–45 (1997). Some courts,
therefore, may not recognize the Vienna Convention as binding law. However, these rights have been recognized by the
U.S. Supreme Court in Argentine Republic v. Amerada Hess Shipping Corp., 488 U.S. 428, 442, 109 S. Ct. 683, 692, 102
L. Ed. 2d 818, 833 (1989).
6. See Part B(3) below for a list of these countries.
7. The Vienna Convention and other consular treaties to which the United States is a party “have the status of
treaties for purposes of international law and Article VI, clause 2 of the Constitution of the United States (‘all treaties made
… shall be the supreme law of the land’).” These treaties “are binding on federal, state, and local government officials to
the extent that they pertain to matters within such officials’ competence.” U.S. Dep’t of State, Consular Notification and
Access: Instructions for Federal, State, and Local Law Enforcement and Other Officials Regarding Foreign Nationals in
the
United
States
and
the
Rights
of
Consular
Officials
to
Assist
Them,
available
at
http://travel.state.gov/pdf/CNA_book.pdf (last visited Feb. 28, 2007).

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Some federal courts have held that there is a private right of action8 for violations of the Vienna
Convention on Consular Relations.9 For example, in Standt v. City of New York, a German citizen
was arrested in New York for driving while intoxicated and without a license, and for failing to wear
a seatbelt. Not only did the police fail to notify the German citizen of his right to contact the
consulate, but the police also did not permit him to contact the German consulate when he
repeatedly asked if he could. The German citizen filed an action against the City of New York and
the police officers who arrested him for violating his rights under Article 36 of the Vienna
Convention. The defendants alleged that the German citizen did not have standing to bring suit for
the violations, claiming that the treaty did not provide a private right of action. However, the Second
Circuit held that Article 36 of the Vienna Convention “was intended to provide a private right of
action to individuals detained by foreign officials.”10
Other courts have refused to recognize a private right of action for violations of the Vienna
Convention on Consular Relations. In United States v. Jimenez-Nava, a Mexican citizen was arrested
in Texas for making fraudulent immigration documents.11 He was informed of his right to consular
access only after he was questioned about the crime. The Fifth Circuit rejected Jimenez-Nava’s
arguments that Article 36 of the Vienna Convention creates “judicially enforceable rights.”12 Instead,
the court held that the presumption that international treaties do not create rights that are
enforceable by private individuals in courts applies to the Vienna Convention.
The Supreme Court has not directly resolved this disagreement among courts regarding whether
there is a private right of action for Vienna Convention violations. The Court has stated that the
Convention “arguably confers on an individual the right to consular assistance following arrest,”13
but has not gone so far as to rule that the Vienna Convention does in fact create an individual right
enforceable by the federal courts.
3. The Effect of Violations of Rights to Consular Access on Convictions
What happens if your right to consular access is denied and you do not have access to your
consulate until after you are convicted? In some capital cases, foreign countries have tried to stay
(delay or stop) an execution order because the defendant’s right to consular access was violated
before conviction. They argue that if the consul had been able to get in touch with the defendant, the
consulate might have been able to help the defendant to avoid the death penalty.14 In the past, this
argument has generally not worked in convincing a court to stay an execution.15
8. A private right of action means that individual citizens can sue for violations. Generally, only nations can sue for
violations of the treaties that they sign.
9. See, e.g., Standt v. City of New York, 153 F. Supp. 2d 417, 427 (S.D.N.Y. 2001); Ulmann v. Anderson, No. 02405-JD, 2003 D.N.H. 12, 2003 U.S. Dist. LEXIS 874, at *15 (D.N.H. 2003) (acknowledging that the 1st Circuit has not
decided whether there is a private right of action, but holding that an individual’s claim that he was improperly denied
sufficient consular access could go forward).
10. Standt v. City of New York, 153 F. Supp. 2d 417, 427 (S.D.N.Y. 2001).
11. United States v. Jimenez-Nava, 243 F.3d 192 (5th Cir. 2001).
12. United States v. Jimenez-Nava, 243 F.3d 192, 198 (5th Cir. 2001).
13. Breard v. Greene, 523 U.S. 371, 376, 118 S. Ct. 1352, 1355, 140 L. Ed. 2d 529, 538 (1998).
14. See Breard v. Greene, 523 U.S. 371, 377, 118 S. Ct. 1352, 1355, 140 L. Ed. 2d 529, 538 (1998) (consul’s advice
might have led defendant to elect plea bargaining and avoid death penalty, although it did not in this case).
15. See, e.g., LaGrand v. Stewart, 133 F.3d 1253, 1261 (9th Cir. 1998) (denying claim based on lack of consular
notification on grounds of procedural default because the claim was not raised in state proceedings); Fed. Republic of
Germany v. United States, 526 U.S. 111, 111–12, 119 S. Ct. 1016, 1017, 143 L. Ed. 2d 192, 194 (1999) (denying
enforcement of an order to stay execution of German citizens issued by the International Court of Justice partly because
according to the 11th Amendment, which codifies the idea of state sovereign immunity, the federal courts do not have
jurisdiction to enforce a claim against a state that did not consent to jurisdiction). But see Torres v. State, 120 P.3d 1184,
1186–87 (holding that defendant was prejudiced because he was not informed that he had the right to contact his country’s
consulate; in this case, the court did not grant the defendant any relief, because the governor had already granted clemency
to the defendant by changing his sentence to life without parole).

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Although courts have been unwilling to stay an execution, the International Court of Justice
(“ICJ”) has ordered courts to re-examine decisions in which a defendant’s right to consular access
has been violated. In Mexico v. United States (Avena), the ICJ ordered the United States to review the
death sentences of fifty-one Mexican prisoners because their right to speak with Mexican consular
officials after their arrests had been violated.16 Although the ICJ refused Mexico’s demand that the
United States annul all fifty-one convictions, the court did order that the United States re-examine
each case in order to determine if the defendant suffered legal prejudice by not having early access to
a diplomat. The ICJ held that such re-examination must be conducted by a court, rather than in a
clemency proceeding before a state governor.17 The ICJ suggested that the ruling applied to “other
foreign nationals finding themselves in similar situations in the United States.”18
The ICJ’s determination that reexamination must be conducted by a court is an important
qualification to the court’s earlier holding in the LaGrand case.19 In LaGrand, the International Court
of Justice held that the United States doctrine of procedural default, which prohibits defendants from
raising issues on appeal if they did not raise such issues at trial, could not apply to Vienna
Convention violations. However, the LaGrand court left the decision of how and where defendants
could bring up Convention violations to the United States. The ICJ decision in Avena narrows this
ruling, holding that the manner in which defendants bring up Convention violations is not entirely
up to the United States; re-examination must be conducted by a court, rather than in a clemency
proceeding. The Supreme Court, however, has specifically rejected the ICJ’s LaGrand holding. In a
recent pair of cases, Sanchez-Llamas v. Oregon and Bustillo v. Johnson, the Supreme Court held that
state procedural default rules can be applied to Vienna Convention violations.20
In the past, in addition to being a party to the 1963 Vienna Convention on Consular Relations
(“VCCR”), the United States ratified the VCCR Optional Protocol Concerning the Compulsory
Settlement of Disputes, which gave the ICJ the power (jurisdiction) to settle disputes between the
United States and other nations regarding alleged violations of the Convention. On March 7, 2005,
however, the United States decided to withdraw from this Optional Protocol, meaning that the ICJ
no longer has the power to settle disputes between the United States and other nations regarding the
Convention as it did in the Avena case.21
The ICJ, even when it had power to hear cases, never had the power to enforce its decisions in
the United States. On February 28, 2005, President Bush issued a Memorandum directing state
courts to give effect to the ICJ’s ruling in Avena and to review the cases of the Mexican citizens on
death row in the United States.22 The President issued this Memorandum because the courts had
continued to enforce the rights afforded by the VCCR inconsistently. The Memorandum directed the
16. Avena and Other Mexican Nationals (Mex. v. U.S.), 2004 I.C.J. 128 (Mar. 31), available at http://www.icjcij.org/icjwww/idecisions.htm.
17. Avena and Other Mexican Nationals (Mex. v. U.S.), 2004 I.C.J. 128 (Mar. 31), available at http://www.icjcij.org/icjwww/idecisions.htm.
18. Avena and Other Mexican Nationals (Mex. v. U.S.), 2004 I.C.J. 128, 57 (Mar. 31), available at http://www.icjcij.org/icjwww/idecisions.htm.
19. LaGrand Case (F.R.G. v. U.S.), 2001 I.C.J. 104 (June 27), available at http://www.icjcij.org/icjwww/idecisions.htm.
20. Sanchez-Llamas v. Oregon, Bustillo v. Johnson, 126 S. Ct. 2669, 2685–86, 165 L. Ed. 2d 557, 582–83 (2006).
21. U.S. Secretary of State Condoleeza Rice sent a letter to the U.N. Secretary General Kofi Annan, informing him
that the United States “hereby withdraws” from the Optional Protocol. See Charles Lane, U.S. Quits Pact Used in Capital
Cases, Wash. Post, Mar. 10, 2005, at A01. The letter stated in part: “This letter constitutes notification by the United States
of America that it hereby withdraws from [Optional Protocol to the Vienna Convention on Consular Relations Concerning
the Compulsory Settlement of Disputes]. As a consequence of this withdrawal, the United States will no longer recognize
the jurisdiction of the International Court of Justice reflected in that Protocol.” See Frederick L. Kirgis, Addendum to ASIL
Insight, President Bush’s Determination Regarding Mexican Nationals and Consular Convention Rights, Am. Soc’y of Int’l L., Mar.
2005, available at http://www.asil.org/insights/2005/03/insights050309a.html.
22. See Memorandum from George W. Bush to the Attorney General, Compliance with the Decision of the
International Court of Justice in Avena (Feb. 28, 2005), available at
http://www.whitehouse.gov/news/releases/2005/02/20050228-18.html.

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state courts to review and give effect to the Avena decision “in accordance with the general principles
of comity in cases filed by the fifty-one Mexican nationals addressed in that decision.”23 As one
scholar put it, “[b]efore Avena was issued, the U.S. Supreme Court had already denied postconviction relief for some of the Mexican nationals, which effectively meant these individuals were
out of court. The Presidential Memorandum, at a minimum, re-opened the state court doors for
these inmates.” Recently, without deciding whether the VCCR gave defendants a judicially
enforceable right to consular access, the Supreme Court announced that a state court may apply its
regular procedural default rules to consular claims.24
If you or the police have any questions about consular rights and obligations under the Vienna
Convention, you or they should contact:
Office of Public Affairs and Policy Coordination for Consular Affairs
CA/P Room 4800
Bureau of Consular Affairs
U.S. Department of State
Washington, D.C. 20520
(202) 647-4415 (during business hours)
After business hours, you can reach the State Department Operations Center at (202) 647-1512. If
you ask to speak with your consulate and your request is denied, make sure to write down the date,
time, and the name of the person who denied your request.

C. Why Contact the Consulate?
Under the Vienna Convention, it is up to you to decide whether or not you want to contact your
consulate. You are not required to contact your home government. However, many countries have
signed treaties with the United States requiring U.S. officials to automatically contact them if their
citizens are arrested in the United States.25 This means that even if you do not want your consulate
23. See Memorandum from George W. Bush to the Attorney General, Compliance with the Decision of the
International Court of Justice in Avena (Feb. 28, 2005), available at
http://www.whitehouse.gov/news/releases/2005/02/20050228-18.html.
24. Sanchez-Llamas v. Oregon, Bustillo v. Johnson, 126 S. Ct. 2669, 2685, 165 L. Ed. 2d 557, 582–83 (2006).
25. As of May 2006, these countries, which should receive notification immediately upon your arrest, included:
Algeria, Antigua and Barbuda, Armenia, Azerbaijan, the Bahamas, Barbados, Belarus, Belize, Brunei, Bulgaria, China
(People’s Republic), Costa Rica, Cyprus, Czech Republic, Dominica, Fiji, Gambia, Georgia, Ghana, Grenada, Guyana,
Hong Kong, Hungary, Jamaica, Kazakhstan, Kiribati, Kuwait, Kyrgyzstan, Malaysia, Malta, Mauritius, Moldova,
Mongolia, Nigeria, Philippines, Poland (non-permanent residents only), Romania, Russia, St. Kitts and Nevis, St. Lucia,
St. Vincent and the Grenadines, Seychelles, Sierra Leone, Singapore, Slovakia, Tajikistan, Tanzania, Tonga, Trinidad and
Tobago, Tunisia, Turkmenistan, Tuvalu, Ukraine, United Kingdom, Uzbekistan, Zambia, and Zimbabwe. All successor
states to the Soviet Union are still covered by an agreement the United States had with the U.S.S.R. British dependencies
are covered by the agreement with the United Kingdom. They include Anguilla, the British Virgin Islands, Bermuda,
Montserrat, and the Turks and Caicos Islands. For the most recent list of mandatory notification states, see U.S. Dep’t of
State, Consular Notification and Access: Instructions for Federal, State, and Local Law Enforcement and Other Officials
Regarding Foreign Nationals in the United States and the Rights of Consular Officials to Assist Them, available at
http://travel.state.gov/pdf/CNA_book.pdf (last visited Feb. 28, 2007). The Department of State can provide more specific
guidance in particular cases. “Foreign nationals subject to mandatory notification requirements should otherwise be treated
like foreign nationals not subject to the mandatory notification requirement. Thus, for example, the foreign national should
be informed that notification has been made and advised that he/she may also specifically request consular assistance from
his or her consular officials.” U.S. Dep’t of State, Consular Notification and Access: Instructions for Federal, State, and
Local Law Enforcement and Other Officials Regarding Foreign Nationals in the United States and the Rights of Consular
Officials to Assist Them, available at http://travel.state.gov/pdf/CNA_book.pdf (last visited Feb. 28, 2007). The State
Department adds “Privacy concerns or the possibility that a foreign national may have a legitimate fear of persecution or
other mistreatment by his/her government may exist in some mandatory notification cases. The notification requirement
should still be honored, but it is possible to take precautions regarding the disclosure of information. For example, it may

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to know that you have been arrested, the police might tell them anyway. However, the police often
forget or do not bother to call the consulate. If you want to talk to your consulate, you should always
tell the police.
You should think carefully about whether or not you want to contact your consulate. Some
consulates are more helpful than others. Based on what you know about your own government, you
may already know whether it would be willing and able to help you. Some consulates will send
someone to visit you immediately, contact your family, and help you find a lawyer. Others have
only limited office hours and resources and cannot or will not visit prisoners at all. Some
governments have allegedly used their consular officers to locate their political opponents.26 If you
are in the United States because you were fleeing persecution in your home country, contacting your
home government could be a bad idea.
At the very least, you should try to discuss the idea of contacting your consulate with a lawyer.
Many criminal defense lawyers do not know about the Vienna Convention, and they might not
know that consular assistance is available. Your lawyer may not even know that you are a foreign
citizen unless you specifically tell him. If you choose not to contact the consulate, you may want to
contact a private organization instead. Some organizations that you may want to contact are listed
in Appendix IV.
1. Consulate Assistance with Legal and Non-Legal Matters in Criminal Cases
Good consular officers will visit you in prison (or even at the police precinct), explain to you
what is going on, explain to you how the U.S. legal system works, contact your family members for
you, help you find a lawyer, help locate your medical, military, or school records, provide you with
emergency financial assistance, and make sure that you are being treated well in prison. They will
put pressure on the local government to see that your rights are not violated and will provide your
lawyer with interpreters, consultants, or investigators.27 Your consulate may be a good place to call if
your lawyer tells you things that you do not understand, if you are not sure that your lawyer is good
or trustworthy, or if you are trying to make an important decision such as whether to accept a plea
not be necessary to provide information about why a foreign national is in detention.” Most importantly, “under no
circumstances should any information indicating that a foreign national may have applied for asylum in the United States or elsewhere be
disclosed to that person’s government.” U.S. Dep’t of State, Consular Notification and Access: Instructions for Federal, State,
and Local Law Enforcement and Other Officials Regarding Foreign Nationals in the United States and the Rights of
Consular Officials to Assist Them, available at http://travel.state.gov/pdf/CNA_book.pdf (last visited Feb. 28, 2007). The
Department of State can provide more specific guidance in particular cases.
26. United Nations Conference on Consular Relations, Official Records at 334, UN Doc. A/Conf. 25/16 (1962)
(remark of a delegate from the United Kingdom).
27. For example, when a U.S. citizen is arrested abroad, U.S. consular officers are expected to visit that person as
soon as possible. U.S. Dep’t of State, 7 Foreign Affairs Manual 422-1.1 (Sept. 3, 2004). This visit provides an opportunity
for the consular officer “to explain the legal and judicial procedures of the host government and the detainee’s rights under
that government at a time when such information is most useful.” 7 Foreign Affairs Manual 422(f) (Sept. 3, 2004). The
U.S. Embassy may also get local U.S. citizens to volunteer to visit the U.S. citizen in prison. 7 Foreign Affairs Manual
422-1.4 (Sept. 3, 2004). Each U.S. consular post is also required to maintain a list of defense attorneys, 7 Foreign Affairs
Manual 990 (Aug. 30, 1994), and to exclude attorneys with bad reputations from the list. U.S. Dep’t of State, 7 Foreign
Affairs Manual 993 (Aug. 30, 1994). If the U.S. citizen’s rights are being violated in the prison or in court, the U.S.
consulate will make protests to the host government at the local level, and if necessary, at the state or federal level as well.
7 U.S. Dep’t of State, Foreign Affairs Manual 426.3 (Sept. 3, 2004). Throughout the pretrial period, the consular officer is
expected to visit the prisoner regularly as a sort of case worker or “case officer.” The manual states that the consular officer
should become “thoroughly familiar with the specific facts and problems of the prisoner’s situation.” U.S. Dep’t of State, 7
Foreign Affairs Manual 436 (Aug. 26, 2004). This familiarity should help the officer to “become more efficient and
responsive to the prisoner’s needs” and a “more effective liaison with attorneys, court and prison officials, and
prosecutors.” U.S. Dep’t of State, 7 Foreign Affairs Manual 436 (Aug. 26, 2004). Again, some consulates are better than
others, and how your consular officer behaves will depend upon your home country’s laws, not U.S. laws. Some countries
do not have a foreign affairs manual like the one used by the U.S. State Department, and some have so few consular
officers compared to the number of its nationals in the United States that it is impossible to visit all prisoners.

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bargain or whether to testify. For example, if you are not familiar with the plea bargaining system in
the United States, your consulate may be able to explain how it differs from the legal system in your
home country. If you are suspected of having committed a crime in the United States, the consulate
cannot prevent you from being tried for it, but it can help to make sure that you receive a fair trial.
It is usually better to call the consulate with specific questions or simple requests than to call and
say “I need help” or “I’m in trouble.” Consular officers are not lawyers. They usually cannot give
you money for a lawyer and may not take an interest in your case at all unless you are facing very
serious charges. However, if you have a specific request—such as “Can you help me contact my
mother back home?”, “Can you recommend a good attorney?”, “Can you help me get my medical
records from my home city?”, or “Can you find a priest who will visit me in prison?”—the consulate
may be able to help you even if you are facing only minor charges.
2. Gathering Mitigating Evidence in Death Penalty Cases
Not all consulates can help all criminal defendants, but many of them are willing to help with
death penalty cases. Many countries, particularly Latin American countries, have taken a strong
stance against the death penalty and will assist your defense attorney considerably if you are facing a
possible death sentence. One of the main services consulates can provide to your lawyer is help
gathering mitigating evidence, especially in your country of origin. This Chapter will help explain
the concept of mitigating evidence, which applies in every state.
When an Argentine citizen living in Texas was accused of capital murder, for example, he and
his defense attorney called the Argentine Consulate before his trial. The consulate helped get the
defendant’s school records, birth certificate, criminal history, and military records from Argentina;
sent a government official from the Consulate in Houston to meet the defendant in prison; sent a
high-ranking official to watch the defendant’s trial; helped pay for the defendant’s mother to stay in
Texas to observe and participate in the trial; accompanied the defendant’s mother when she visited
him in prison; provided a translator to help the defense attorney communicate with the defendant
and others; and sent an official from the Consulate in Houston to verify the authenticity of the
Argentine documents at trial.28 Mexico, Ecuador, Canada, Paraguay, Honduras, the Dominican
Republic, and Germany have also shown a particular interest in death penalty cases and have all
tried to assist defendants facing the death penalty during appeals in cases in which the police failed
to contact the consulate before trial.29
3. Assistance When Your Rights Have Been Violated
Most consulates will help you if your rights are being seriously violated. For example, if you are
beaten by the police or prison guards, most consulates will step in to assist you. When Abner
Louima, a Haitian immigrant, was beaten and tortured by New York City police on August 9, 1997,

28. Sworn Affidavit of Tim W. Avery, Breard v. Netherland, 949 F. Supp. 1255 (E.D. Va. 1996) (No. 3:96 CV 366)
(affidavit submitted in federal habeas petition).
29. See, e.g., LaGrand v. Stewart, 133 F.3d 1253 (9th Cir. 1998) (German nationals who were not given consular
access before their convictions for murder assisted in their post-conviction appeals by German consulate); Murphy v.
Netherland, 116 F.3d 97 (4th Cir. 1997) (in which Mexico filed an amicus curiae brief on behalf of Mario Murphy);
Faulder v. Johnson, 81 F.3d 515 (5th Cir. 1996) (in which Canada submitted a brief on behalf of Joseph Stanley Faulder);
Republic of Paraguay v. Allen, 134 F.3d 622 (4th Cir. 1998), cert. denied; Breard v. Greene, 523 U.S. 371, 118 S. Ct. 1352,
140 L. Ed. 2d 529 (1998) (a separate civil suit brought by the Republic of Paraguay to overturn the conviction of Angel
Francisco Breard, which was then joined with Breard’s habeas petition in the U.S. Supreme Court). In the death penalty
case of Carlos Santana, a citizen of the Dominican Republic who was sentenced to death in Texas, the ambassador from
the Dominican Republic attempted to meet with the governor of Texas to stop the execution. Ronan Doherty, Note,
Foreign Affairs v. Federalism: How State Control of Criminal Law Implicates Federal Responsibility Under International Law, 82 Va.
L. Rev. 1281, 1328 (1996).

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the Haitian Consulate helped bring public attention to his situation and helped put pressure on
governmental authorities to bring charges against the police officers who were allegedly involved.30
4. Assistance with Deportation Proceedings
If you are to be “removed” (deported)31 from the United States, consulates are usually notified of
your status after the removal order becomes final so that they can process your travel papers.32 If you
are facing removal proceedings, you should be notified of your right to consular access and should
be allowed to communicate with your consulate before your hearing. This right is guaranteed not
only by treaties, but also by a U.S. Department of Homeland Security (“DHS”) regulation that
implements the Vienna Convention and other treaties.33 If the DHS fails to inform you of this right
prior to the removal hearing, some federal courts will find the order of removal invalid. In a case of
criminal conviction for illegal reentry into the United States, courts might even reverse the
conviction if the initial removal hearing was conducted in violation of these regulations due to
prejudice—i.e., that having access to your consulate could have made a difference in your decision.34
When you appeal a removal decision, you should always raise this claim if your right to consular
access was violated. If you do raise the claim, however, you will again probably have to show
prejudice—i.e., that having access to your consulate could have made a difference in your removal
proceeding.35

D. When and How to Contact Your Consulate
It is better to contact your consulate before you receive a criminal conviction because the
consulate probably will not be able to help you as much if you contact it after you have already been
convicted. Several countries have tried to get convictions reversed based on Vienna Convention
violations, arguing that the Vienna Convention should work exactly like Miranda. So far, none of
these attempts has succeeded. In 1998, a dual Paraguayan-Argentine national, who was convicted of
capital murder in 1993, was executed in Virginia despite Virginia’s open admission that it had failed
to inform the defendant of his rights under the treaty when he was arrested.36 This situation
demonstrates that you should call your consulate sooner rather than later if you think that they can
help you. After your conviction, the consulate may still be able to help you in small ways and ensure
that your rights are not being further violated, but it probably will not be able to get your conviction
reversed. However, it may be better to contact your consulate late rather than not at all.

30. Interview with consular officer at the Haitian Consulate in New York City (Apr. 7, 1998).
31. See JLM Supplement Chapter I, “Immigration Law: The Immigration Consequences of Criminal Activity” for an
explanation of these terms and of immigration law and procedure in general.
32. Interview with Jamaican Deputy Consul-General (Apr. 7, 1998).
33. DHS Immigration agents are required to comply with 8 C.F.R. § 236.1 (2005), which states, “Every detained
alien shall be notified that he or she may communicate with the consular or diplomatic officers of his or her nationality in
the United States.” It adds, “When notifying consular or diplomatic officials, Service officers shall not reveal the fact that
any detained alien has applied for asylum or withholding of removal.” 8 C.F.R. § 236.1(e) (2005). For information on
similar regulations governing FBI, DEA, U.S. Marshals, and other Department of Justice officials, see footnote 2 of this
Chapter.
34. See, e.g., United States v. Rangel-Gonzales, 617 F.2d 529, 533 (9th Cir. 1980) (finding prejudice resulting from
the failure of the United States to advise appellant of his right to consult the Mexican consulate).
35. See, e.g., Waldron v. INS, 17 F.3d 511, 518–19 (2d Cir. 1994) (holding that though the INS had not followed its
own regulations regarding the petitioner’s right to communicate with diplomatic officers of his native country, this failure
had not resulted in prejudice to the rights that the regulations were meant to protect); United States v. Calderon-Medina,
591 F.2d 529, 532 (9th Cir. 1979) (holding that a regulatory violation by the INS would render a deportation unlawful only
if the violation prejudiced the rights of the aliens who were protected by the regulation).
36. Breard v. Greene, 523 U.S. 371, 376, 118 S. Ct. 1352, 1355, 140 L. Ed. 2d 529, 538 (1998).

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If you cannot reach a consular office in an emergency, you might want to try your country’s
Permanent Mission to the United Nations in New York City, though it is not technically the job of a
UN Permanent Mission to provide consular assistance. Not all countries listed below are signatories
to the Vienna Convention or any other consular treaty with the United States, although most of
them are.
All phone numbers and addresses listed refer to consulates and/or embassies (unless noted
otherwise). Mail should be addressed to: “Consulate [or Embassy] of [Your Country],” followed by
the street address. If you decide to contact your consulate, it usually will not make a difference
whether you contact the embassy or the consulate; diplomats and consular officers will usually share
information and assist each other, especially in emergencies.
Most countries maintain an embassy with both diplomatic and consular officers in Washington,
D.C. in addition to the Consul General’s main office (usually located in New York City) and your
country’s permanent mission to the UN. Some countries that have a large number of nationals living
in the United States---for example Mexico---may also have regional consular offices in other cities.
Some very small countries, such as Belize, may only have an embassy in Washington, with no other
offices at all (except for the Permanent Mission to the UN). Other countries—namely Iran and
Cuba—do not carry on diplomatic relations with the United States and, therefore, neither have an
embassy nor a consulate. However, most do maintain a Permanent Mission to the UN.
There are also many private organizations that help people of particular nationalities, perhaps
even more than your consulate. You should keep in mind, however, that these private organizations
(unlike your consulate) do not have any particular right to communicate with you or visit you under
the Vienna Convention. They can certainly communicate with you in prison, just like any friend or
relative, but they will probably not be able to visit you at the police station and they will not have the
same right of access as your lawyer. For further information about your right to communicate while
in prison, see Chapter 21 of the JLM. For additional information about such organizations, check
Appendix IV to the JLM.

E. Conclusion
If you are a foreign national, you have the right to contact your local consulate or embassy as
well as the right to have regular communications with consular officers from your native country.
Under the Vienna Convention, the police must inform you of your right to consular access. Also, if
you request it, the official who is holding you in custody must ensure that the nearest consulate or
embassy is notified of your arrest without delay and the consular officer must be allowed to call,
write, or visit you in prison in order to answer your questions and offer you whatever assistance he
wishes. If you chose to contact your consulate, you should do so as soon as possible. A list of
embassies, consulates and private organizations which assist foreign nationals can be found in
Appendix A of this Chapter.

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APPENDIX A
LIST OF CONSULATES, EMBASSIES, MISSIONS, AND PRIVATE ORGANIZATIONS
AFGHANISTAN
• Embassy: 2341 Wyoming Avenue NW, Washington, D.C. 20008; (202) 483-6410;
FAX (202) 483-6488
• Permanent Mission to the UN: 360 Lexington Ave., 11th Floor, New York, NY (212)
972-1212/1213; FAX (212) 972-1216
• Islamic Assoc. of Afghan Students: P.O. Box 1946, Los Angeles, CA 90078
ALBANIA
• Embassy: 2100 S St. NW, Washington, D.C. 20008; (202) 223-4942; FAX (202) 6287342
• Permanent Mission to the UN: 320 E. 79th St. New York, NY 10021; (212) 2492059/5654/5631/0842; FAX (212) 535-2917
ALGERIA
• Embassy: 2118 Kalorama Rd. NW, Washington, D.C. 20008; (202) 265-2800; FAX
(202) 667-2174
• Permanent Mission to the UN: 326 E. 48th St., New York, NY, 10017; (212) 7501960/1962/1965/1966; FAX (212) 759-5274/9538
ANGOLA
• Embassy: 1615 M. St. NW, Suite 900, Washington, D.C. 20036; (202) 785-1156; FAX
(202) 785-1258
• Permanent Mission to the UN: 125 E. 73rd St., New York, NY 10021; (212) 8615656/5787/5788/5789; FAX (212) 861-9295
ANTIGUA AND BARBUDA
• Embassy: 3216 New Mexico Avenue NW, Washington, D.C. 20016; (202) 362-5122;
FAX (202) 362-5225
• Consulate – Miami: Ingraham Building, 25 Southeast 2nd Ave., Suite 300, Miami, FL
33131; (305) 381-6762; FAX (305) 381-7908
• Permanent Mission to the UN: 610 5th Avenue, Suite 311, New York, NY 10020; (212)
541-4117; FAX (212) 757-1607
ARGENTINA
• Embassy: 1600 New Hampshire Avenue, NW, Washington, D.C. 20009; (202) 2386400; FAX (202) 332-3171
• Consulate – New York: 12 West 56th St., New York NY 10019; (212) 603-0400; FAX
(212) 541-7746
• Consulate – Los Angeles: 5055 Wilshire Blvd., Suite 210, Los Angeles, CA 90036;
(323) 954-9155; FAX (323) 934-9076
• Consulate – Miami: 800 Brickell Avenue, Penthouse 1, Miami, FL 33131; (305) 3731889/4705/7794; FAX (305) 371-7108 and (305) 373-1598
• Consulate – Atlanta: 245 Peachtree Center Avenue, Suite 2101, Atlanta, GA 30303;
(404) 880-0805; FAX (404) 880-0806
• Consulate – Chicago: 205 N. Michigan Avenue, Suite 4209, Chicago, IL 60601-5914;
(312) 819-2610; FAX (312) 819-2612
• Consulate – Houston: 1090 S. Post Oak Blvd., Suite 770, Houston, TX 77056; (713)
871-8935; FAX (713) 871-063

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Permanent Mission to the UN: One United Nations Plaza, 25th Floor, New York, NY
10017; (212) 688-6300; FAX (212) 980-8395
ARMENIA
• Embassy: 2225 R St. NW, Washington, D.C. 20008; (202) 319-1976; FAX (202) 3192982
• Consulate – Los Angeles: 50 N. La Cienega Blvd., Suite 210, Beverly Hills, CA 90211;
(310) 657-6102; FAX (310) 657-7419
• Permanent Mission to the UN: 119 E. 36th St., New York, NY 10016; (212) 686-9079;
FAX (212) 686-3934
AUSTRALIA
• Embassy: 1601 Massachusetts Ave. NW, Washington, D.C. 20036; (202) 797-3000;
FAX (202) 797-3168
• Consulate General: 150 E. 42nd St., 34th Floor, New York, NY 10017; (212) 351-6500;
FAX (212) 351-6501
• Consulate – Los Angeles: Century Plaza Towers, 2049 Century Park East, 19th Floor,
Los Angeles, CA 90067; (310) 229-4800; FAX (310) 277-5746
• Consulate – San Francisco: 575 Market Street, Suite 1800, San Francisco, CA 94105;
(415) 536-1970; FAX (415) 536-1982
• Consulate – Boston: 22 Thompson Place, Boston, MA 02210; (617) 261-5555; FAX
(617) 426-9236
• Consulate – Denver: 9200 West Cross Drive, Suite 100, Denver, CO 80123; (303) 3212234; FAX (303) 973-9938
• Consulate – Honolulu: 1000 Bishop St., Penthouse, Honolulu, HI 96813; (808) 5245050; FAX (808) 531-5142
• Permanent Mission to the UN: 150 E. 42nd St., 33rd floor, New York, NY, 10017; (212)
351-6600; FAX (212) 351-6610
AUSTRIA
• Embassy: 3524 International Court NW, Washington, D.C. 20008-3035; (202) 8956700; FAX (202) 895-6750
• Consulate – Los Angeles: 11859 Wilshire Blvd., Suite # 501, Los Angeles, CA 90025;
(310) 444-9310; FAX (310) 477-9897
• Consulate – Chicago: Wrigley Building, Suite 707, 400 North Michigan Ave., Chicago,
IL 60611; (312) 222-1515; FAX (312) 222-4113
• Consulate – New York: 31 E. 69th St., New York, NY 10021; (212) 737-6400 FAX
(212) 772-8926
• Permanent Mission to the UN: 823 United Nations Plaza, 8th Floor, New York, NY,
10017; (212) 949-1840; FAX (212) 953-1302
AZERBAIJAN
• Embassy: 2741 34th Street NW, Washington, D.C. 20008; (202) 337-5912; FAX (202)
337-5913
• Permanent Mission to the UN: 866 UN Plaza, Suite 560, New York, NY 10017; (212)
371-2559/2832/2721; FAX (212) 371-2784/2672
BAHAMAS
• Embassy: 2220 Massachusetts Ave. NW, Washington, D.C. 20008 (202) 319-2660;
FAX (202) 319-2668
• Consulate – Miami: 25 Southeast 2nd Ave., Ingrahm Building, Suite 818, Miami, FL
33131; (305) 373-6295; FAX (305) 373-6312
• Consulate – New York: 231 E. 46th St., New York, NY 10017; (212) 421-6420/6422;
FAX (212) 688-5926

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Permanent Mission to the UN: 231 E. 46th St., New York, NY 10017; (212) 4216925/6926/6929; FAX (212) 759-2135
The Bahamian consulate, if notified of your arrest, will immediately visit you at the
police precinct, take down your name, contact your family back home, if desired, and
provide you with other assistance if needed. The consulate encourages you to register
with them and to notify them if you are in trouble.

BAHRAIN
• Embassy: 3502 International Drive NW, Washington, D.C. 20008; (202) 342-1111;
FAX (202) 362-2192
• Permanent Mission to the UN: 866 2nd Ave., 14th and 15th floors, New York, NY
10017; (212) 223-6200; FAX (212) 319-0687
BANGLADESH
• Embassy: 3510 International Drive NW, Washington, D.C. 20008; (202) 244-0183;
FAX (202) 244-5366
• Consulate – New York: 211 E. 43rd St., Suite 502, New York, NY 10017; (212) 5996767; FAX (212) 682-9211
• Consulate – Los Angeles: 10850 Wilshire Blvd., Suite 1250, Los Angeles, CA 90024;
(310) 441-9399; FAX (310) 441-4458
• Permanent Mission to the UN: 821 United Nations Plaza, 8th floor, New York, NY
10017; (212) 867-3434; FAX (212) 972-4038
BARBADOS
• Embassy: 2144 Wyoming Ave. NW, Washington, D.C. 20008; (202) 939-9200; FAX
(202) 332-7467
• Consulate – Los Angeles: 3440 Wilshire Blvd., Suite 1207, Los Angeles, CA 90010;
(213) 380-2198; FAX (213) 384-2763
• Consulate – San Francisco: 442 Post St., Suite 800, San Francisco, CA 94102; (415)
421-8789
• Consulate – New York: 800 2nd Ave., New York, NY 10017; (212) 867-8435; FAX
(212) 986-1030
• Permanent Mission to the UN: 800 2nd Ave., 2nd floor, New York, NY 10017; (212)
867-8431, 8432, 8433, 8434, 8435; FAX (212) 986-1030
BELARUS, REPUBLIC OF
• Embassy: 1619 New Hampshire Ave. NW, Washington, D.C. 20009; (202) 986-1604;
FAX (202) 986-1805
• Consulate – New York: 708 3rd Ave., 21st Floor, New York, NY 10017; (212) 682-5392;
FAX (212) 682-5491
• Permanent Mission to the UN: 136 E. 67th St., New York, NY 10021; (212) 535-3420;
FAX (212) 734-4810
BELGIUM
• Embassy: 3330 Garfield St. NW, Washington, D.C. 20008; (202) 333-6900; FAX (202)
338-4960
• Consulate – New York: 1330 Avenue of the Americas, 26th Floor, New York, NY 100195422; (212) 586-5110; FAX (212) 582-9657
• Consulate – Los Angeles: 6100 Wilshire Blvd., Suite 1200, Los Angeles, CA 90048;
(323) 857-1244; FAX (323) 936-2564
• Permanent Mission to the UN: 823 United Nations Plaza, 345 E. 46th St., 4th Floor,
New York, NY 10017; (212) 378-6300; FAX (212) 681-7618, 7619

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Embassy: 2535 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 332-9636;
FAX (202) 332-6888
• Permanent Mission to the UN: 800 2nd Ave., Suite 400G; New York, NY 10017; (212)
593-0999; FAX (212) 593-0932
BENIN, PEOPLE’S REPUBLIC OF
• Embassy: 2737 Cathedral Ave., Washington, D.C. 20008; (202) 232-6656; FAX (202)
265-1996
• Consulate: 9111 S. LaCienega Blvd., Suite 204, Inglewood, CA 90301; (310) 641-3688;
FAX (212) 988-3714
• Permanent Mission to the UN: 4 E. 73rd St. New York, NY 10021; (212) 2496014/6025; (212) 826-2998
BHUTAN, THE KINGDOM OF
• Permanent Mission to the UN: 2 UN Plaza, 27th Floor, New York, NY 10017; (212)
826-1919; FAX (212) 826-1919
BOLIVIA
• Embassy: 3014 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 4834410/4411; FAX (202) 328-3712
• Consulate – Los Angeles: 483 South Spring Street, Suite 1212, Los Angeles, CA 90013;
(213) 680-0190
• Consulate – New York: 211 E. 43rd St., Suite 702, New York, NY 10017; (212) 4997401 or (212) 687-0530; FAX (212) 687-0532
• Consulate – San Francisco: 870 Market Street, Suite 575, San Francisco, CA 94102;
(415) 495-5173
• Consulate – Miami: 700 Ingraham Bldg., 25 SE 2nd Ave., Suite 545, Miami, FL 33131;
(305) 670-0709
• Permanent Mission to the UN: 211 E. 43rd St., 8th floor, Rm. 802, New York, NY,
10017; (212) 687-0530; FAX (212) 687-4642
BOSNIA AND HERZEGOVINA
• Embassy: 2109 E St. NW, Washington, D.C. 20037; (202) 337-1500; FAX (202) 3371502
• Consulate – Chicago: 737 N. Michigan Ave., Suite 820, Chicago, IL 60611; (312) 9511245; FAX (312) 951-1043
• Permanent Mission to the UN: United Nations Plaza, Suite 585, New York, NY 10017;
(212) 751-9015; FAX (212) 751-9019
BOTSWANA, REPUBLIC OF
• Embassy: 1531-3 New Hampshire Ave. NW, Washington, D.C. 20036; (202) 244 4990;
FAX (202) 244-4164
• Permanent Mission to the UN: 103 E. 37th St., New York, NY 10016; (212) 8892277/2331/2491/2772; FAX (212) 725-5061
BRAZIL
• Embassy: 3006 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 238-2700;
FAX (202) 238-2827
• Consulate – Los Angeles: 8484 Wilshire Blvd., Beverly Hills, CA 90211; (323) 6512664; FAX (323) 651-1274
• Consulate – San Francisco: 300 Montgomery Street, Suite 1160, San Francisco, CA
94104; (415) 981-8170; FAX 415-981-3628
• Consulate – Miami: 80 SW 8th street, 26th floor, Miami, FL 33130; (305) 285-6200;
FAX (305) 285-6240

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Consulate – Boston: The Stattler Building. 20 Park Plaza, Suite 810, Boston, MA 02116;
(617) 542-4000; FAX (617) 542-4318
Consulate – New York: 1185 Avenue of the Americas, 21st Floor, New York, NY
10036; (212) 827-0976; FAX (212) 827-9225
Consulate – Houston: 1700 W. Loop South, Suite 1150, Houston, TX 77027; (713) 9613063; FAX (713) 961-3070
Permanent Mission to the UN: 747 3rd Avenue, 9th Floor, New York, NY, 10017; (212)
372-2600; FAX (212) 371-5716

BRUNEI
• Embassy: 3520 International Court, NW, Washington D.C. 20008; (202) 237-1838;
FAX (202) 885-0560
• Permanent Mission to the UN: 771 United Nations Plaza, New York, NY 10017; (212)
697-3465; FAX (212) 697-9889
BULGARIA, PEOPLE’S REPUBLIC OF
• Embassy: 1621 22nd St. NW, Washington, D.C. 20008; (202) 387-0174; FAX (202)
234-7973
• Permanent Mission to the UN: 11 E. 84th St., New York, NY 10028; (212) 737-4790,
(212) 737-4790/4791, 327-4180/4181; FAX (212) 472-9865
BURKINA FASO
• Embassy: 2340 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 3325577/6895; FAX (202) 667-1882
• Permanent Mission to the UN: 115 E. 73rd St., New York, NY 10021; (212) 2887515/7527; FAX (212) 772-3562
BURMA [SEE MYANMAR]
BURUNDI, REPUBLIC OF
• Embassy: 2233 Wisconsin Ave. NW Suite 212, Washington, D.C. 20007; (202) 3422574; FAX (202) 342-2578
• Permanent Mission to the UN: 336 E. 45th St., 12th Floor, New York, NY 10017;
(212) 499-0001/0002; FAX (212) 499-0006
CAMBODIA
• Embassy: 4530 16th St. NW, Washington, D.C. 20011; (202) 726-7742; FAX (202) 7268381
• Permanent Mission to the UN: 866 United Nations Plaza, Suite 420, New York, NY,
10017; (212) 223-0676/0435/0530; FAX (212) 223-0425
CAMEROON, UNITED REPUBLIC OF
• Embassy: 2349 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 265-8790;
FAX (202) 387-3826
• Permanent Mission to the UN: 22 E. 73rd St., New York, NY, 10021; (212) 7942295/2296/2297/2298/2299; FAX (212) 249-0533
CANADA
• Embassy: 501 Pennsylvania Ave. NW, Washington, D.C. 20001; (202) 682-1740; FAX
(202) 682-7701
• Consulate – Los Angeles: 550 S. Hope St., 9th Floor, Los Angeles, CA 90071; (213)
346-2700; FAX (213) 346-2767
• Consulate – Atlanta: 100 Colony Square, 1175 Peachtree St., Suite 1700, Atlanta, GA
30361; (404) 532-2000; FAX (404) 532-2050
• Consulate – Chicago: Two Prudential Plaza, 180 North Stetson Ave., Suite 2400,
Chicago, IL 60601; (312) 616-1860; FAX (312) 616-1878

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Consulate – Boston: 3 Copley Place, Suite 400, Boston, MA 02116; (617) 262-3760;
FAX (617) 262-3415
• Consulate – Denver: 1625 Broadway, Suite 2600, Denver, CO 80202; (303) 626-0640;
FAX (303) 572-1158
• Consulate – Detroit: 600 Renaissance Ctr., Suite 1100, Detroit, MI 48243-1798; (313)
567-2340; FAX (313) 567-2164
• Consulate – Minneapolis: 701 4th Ave. S., Suite 901, Minneapolis, MN 55415-1899;
(612) 332-7486; FAX (612) 332-4061
• Consulate – Buffalo: HSBC Center, Suite 3000, Buffalo, NY 14203-2884; (716) 8589500; FAX (716) 852-4340
• Consulate – New York: 1251 Ave. of the Americas, New York, NY 10020; (212) 5961628; FAX (212) 596-1793
• Consulate – Dallas: 750 N. St. Paul St., Suite 1700, Dallas, TX 75201; (214) 922-9806;
FAX (214) 922-9815
• Consulate – Seattle: 412 Plaza 600 Bldg., 6th Avenue and Stewarts St., Seattle, WA
98101; (206) 443-1777; FAX (206) 443-9735
• Consulate – Miami: First Union Financial Centre, 200 S. Biscayne Blvd., Suite 1600,
Miami, FL 33131; (305) 579-1600; FAX (305) 374-6774
• Consulate – San Francisco: 580 California St., 14th Floor, San Francisco, CA 94104;
(415) 834-3180; FAX (415) 834-3189
• Permanent Mission to the UN: 885 2nd Avenue, 14th Floor, New York, NY 10017;
(212) 848-1100; FAX (212) 848-1192
• John Howard Society of Canada, 809 Blackburn Mews, Kingston, ON
Canada K7P 2N6; (613) 384-6272; FAX (613) 384-1847
• The John Howard Society of Canada is a support group that provides social services for
prisoners in Canada and ex-offenders returning to Canada from U.S. prisons. Although
they do not provide legal services, they will provide referrals.
• Canadian Association of Elizabeth Fry Societies, 151 Slater St., Suite 701, K1P5H3,
Ottawa, Ontario Canada; (613) 238-2422; FAX (613) 232-7130
• The Canadian Association of Elizabeth Fry Societies is a nonprofit social service agency
that provides a wide range of programs including direct services for and about women in
conflict with the law.
CAPE VERDE, REPUBLIC OF
• Embassy: 3415 Massachusetts Ave. NW, Washington, D.C. 20007; (202) 965-6820;
FAX (202) 965-1207
• Cape Verde American Community Development, 120 High St., Pawtucket, RI 02860;
(401) 726-8729; FAX (401) 723-2098
• Consulate – Boston: 535 Boylston St., Boston, MA 02116; (617) 353-0014
• Permanent Mission to the UN: 27 E. 69th St., New York, NY 10021; (212) 472-0333;
FAX (212) 794-1398
CENTRAL AFRICAN REPUBLIC
• Embassy: 1618 22nd St. NW, Washington, D.C. 20008; (202) 483-7800/7801; FAX
(202) 332-9893
• Permanent Mission to the UN: 51 Clifton Ave., Suite 2008, Newark, NJ 07104; (973)
482-9161; FAX (973) 350-1174
CHAD, REPUBLIC OF
• Embassy: 2002 R St. NW, Washington, D.C. 20009; (202) 462-4009; FAX (202) 2651937

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Permanent Mission to the UN: 211 E. 43rd St., Suite 1703, New York, NY 10017; (212)
986-0980; FAX (212) 986-0152

Embassy: 1732 Massachusetts Ave. NW, Washington, D.C. 20036; (202) 5304104/4106/4107
• Consulate – Los Angeles: 6100 Wilshire Blvd., Suite 1240, Los Angeles, CA 90048;
(323) 933-3697/0187/0831/1348; FAX (323) 933-3842
• Consulate – San Francisco: 870 Market St., Suite 1058, San Francisco, CA 94102; (415)
982-7662; (415) 982-2384
• Consulate – Miami: 800 Brickell Ave., Suite 1230, Miami, FL 33131; (305) 3738623/8624; FAX (305) 379-6613
• Consulate – Houston: 1300 Post Oak Blvd., Suite 1130, Houston, TX 77056; (713) 6215853, (713) 963-9066; FAX (713) 621 8672
• Permanent Mission to the UN: 305 E.47th St., 10th/11th Floors, New York, NY 10017;
(212) 832-3323; FAX (212) 832-8714
CHINA, PEOPLE’S REPUBLIC OF
• Embassy: 2300 Connecticut Ave. NW, Washington, D.C. 20007; (202) 338-6688, (202)
588-9760; FAX (202) 588-9760
• Consulate – Los Angeles: 443 Shatto Pl., Los Angeles, CA 90020; (213) 807-8088; FAX
(213) 380-1961
• Consulate – San Francisco: 1450 Laguna St., San Francisco, CA 94115; (415) 674-2900;
FAX (415) 563-0494
• Consulate – Chicago: 100 W. Erie St., Chicago, IL 60610; (202) 338-6688, (202) 5889760; FAX (202) 588-9760
• Consulate – New York: 520 12th Ave., New York, NY 10036; (212) 868-7752; FAX
(212) 502-0245
• Consulate – Houston: 3417 Montrose Blvd., Houston, TX 77006; (713) 524-4311; FAX
(713) 524-7656
• Permanent Mission to the UN: 350 E. 35th St., New York, NY, 10016; (212) 665-6100;
FAX (212) 634-7626
COLOMBIA
• Embassy: 2118 Leroy Pl. NW, Washington, D.C. 20008; (202) 387-8338; FAX (202)
232-8643
• Consulate – Los Angeles: 8383 Wilshire Blvd., Suite 420, Beverly Hills, CA 90211;
(323) 653-9863/4299; FAX (323) 653-2964
• Consulate – San Francisco: 595 Market Street, Suite 2130, San Francisco, CA 94105;
(415) 495-7195/96; FAX (415) 777-3731
• Consulate – Miami: 280 Aragon Avenue, Coral Gables, FL 33134; (305) 4485558/4179, (305) 441-1235; FAX (305) 441-9537
• Consulate – Atlanta: 5901 C Peachtree Dunwoody Road, Suite 375, Atlanta, GA
30328; (404) 237-1045, (770) 668-0451/0512/0552; FAX (770) 668-0763
• Consulate – Boston: 535 Boylston Street, 11th Floor, Boston, MA 02116; (617) 5366222; FAX (617)536-9372
• Consulate – New York: 10 E. 46th St. New York, NY 10017; (212) 949-9898/370-0004;
FAX (212) 972-1725
• Consulate – Houston: 5851 San Felipe, Suite 300, Houston, TX 77057; (713) 5278919/9093; FAX (713) 529-3395
• Permanent Mission to the UN: 140 E. 57th St., New York, NY 10022; (212) 355-7776;
FAX (212) 371-2813

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COMOROS, FEDERAL AND ISLAMIC REPUBLIC OF
• Embassy: 420 E. 50th Street, New York, NY 10022; (212) 972-8010; FAX (212) 9834712
• Permanent Mission to the UN: 866 United Nations Plaza, Suite 418, New York, NY
10017; (212) 750-1637; FAX (212) 750-1657, 715-0699
CONGO, DEMOCRATIC REPUBLIC OF
• Embassy: 1800 New Hampshire Ave. NW, Washington, D.C. 20009; (202) 234-7690;
FAX (202) 234-2609
• Permanent Mission to the UN: 866 United Nations Plaza, Suite 511, New York, NY
10017; (212) 319-8061; FAX (212) 319-8232
CONGO, REPUBLIC OF [CONGO-BRAZZAVILLE]
• Embassy: 4891 Colorado Ave. NW, Washington, D.C. 20011; (202) 726-5500; FAX
(202) 726-1860
• Permanent Mission to the UN: 14 E. 65th St., New York, NY 10021; (212) 750-1637;
FAX (212) 750-1657, 715-0699
COSTA RICA
• Embassy: 2114 S St. NW, Washington, D.C. 20008; (202) 234-2945/2946; FAX (202)
265-4795
• Consulate – Los Angeles: 1605 West Olympic Blvd. Suite 400, Los Angeles, CA 90015;
(213) 380-7915/6031; FAX (213) 380-5639. Los Angeles, CA; (213) 380-7915
• Consulate – San Francisco: P. O. Box 7643, Fremont, CA 94537; (510) 790-0785; FAX
(510) 792-5249
• Consulate – Miami: 1101 Brickell Avenue, Suite 704-S, Miami, Florida 33131; (305)
871-7487/7485; FAX (305) 871-0860.
• Consulate – Chicago: 203 N. Wabash Ave., Suite 1312, Chicago, IL 60601; (312) 2632772
• Consulate – New York: 80 Wall Street, Suite 717, New York, NY 10005; (212) 5093066/3067; FAX (212) 509-3068
• Consulate – Puerto Rico: 1413 Avenida Fernández Junco, Suite 2-D, San Juan, Puerto
Rico 00909; (787) 723-6227; FAX (787) 723-6226
• Consulate – Houston: 3000 Wilcrest, Suite 112, Houston Texas, TX 77042; (713) 2660484; FAX (713) 266-1527
• Consulate – Atlanta: 1870 The Exchange, Suite 100, Atlanta, GA 30339; (770) 9517025; FAX (770) 951-7073
• Permanent Mission to the UN: 211 E. 43rd St., Room 903, New York, NY 10017; (212)
986-6373; FAX (212) 986-6842
CÔTE D’IVOIRE
• Embassy: 2424 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 797-0300
• Permanent Mission to the UN: 46 E. 74th St., New York, NY 10021; (212) 717-5555;
FAX (212) 717-4492.
CROATIA
• Embassy: 2343 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 588-5899;
FAX (202) 588-8937
• Consulate – New York: 369 Lexington Ave., New York, NY 10017; (212) 599-3066;
FAX (212) 599-3106
• Croatia Center, 502 W. 41st St., New York, NY 10036; (212) 563-3395
• Permanent Mission to the UN: 820 2nd Avenue, 19th Floor, New York, NY 10017;
(212) 986-1585; FAX (212) 986-2011

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• Embassy: 2639 16th St. NW, Washington, D.C. 20009; (202) 7978518/8507/8609/8610; FAX (202) 797-8521
• Permanent Mission to the UN: 315 Lexington Avenue, New York, NY, 10016; (212)
689-7215, (212) 689-7215/7216/7217; FAX (212) 779-1697
CYPRUS, REPUBLIC OF
• Embassy: 2211 R. St. NW Washington, D.C. 20008; (202) 462-5772/0873; FAX (202)
483-6710
• Consulate – New York: 13 E. 40th St., 5th New York, NY 10016; (212) 686-6016/6017;
FAX (212) 447-1988
• Permanent Mission to the UN: 13 E. 40th St. New York, NY 10016; (212) 4816023/6024/6025; FAX (212) 685-7316
CZECH REPUBLIC
• Embassy: 3900 Spring of Freedom St. NW, Washington, D.C. 20008; (202) 274-9100;
FAX (202) 966-8540
• Permanent Mission to the UN: 1109 Madison Avenue, New York, NY 10028; (212) 5358814/ 8815/ 8818; FAX (212) 772-0586
DENMARK
• Embassy: 3200 Whitehaven St. NW, Washington, D.C. 20008; (202) 234-4300; FAX
(202) 328-1470
• Consulate – Los Angeles: 12444 Ventura Blvd., Suite 204, Studio City, CA 91604; (818)
766-0003; FAX (818) 766-0302
• Consulate – Chicago: 211 East Ontario, Chicago, IL 60611; (312) 787-8780; FAX (213)
787-8744
• Permanent Mission to the UN: 1 Dag Hammerskjold Plaza, 885 2nd Avenue, 18th
Floor, New York, NY 10017; (212) 308-7009; FAX (212) 308-3384
DJIBOUTI, REPUBLIC OF
• Embassy: 1156 15th St. Suite 515, Washington, D.C. 20005; (202) 331-0270; FAX (202)
331-0302
• Permanent Mission to the UN: 866 United Nations Plaza, Suite 4011, New York, NY
10017; (212) 753-3163; FAX (212) 223-1276
DOMINICAN REPUBLIC
• Embassy: 1715 22nd Street NW, Washington, D.C. 20008; (202) 332-6280; FAX (202)
265-8057
• Consulate – San Francisco: 1516 Oak St., Suite 321, Alameda, California 94501; (510)
864-7777; FAX (510) 864-2222
• Consulate – Miami: 1038 Brickell Avenue, Miami, FL 33131; (305) 358-3220; FAX
(305) 358-2318
• Consulate – Chicago: 1 Northfield Plaza, Suite 300, Northfield, Illinois 60093; (847)
441-1863/1831; FAX (847) 441-1833
• Consulate – New Orleans: World Trade Center, 2 Canal Street, Suite 2100, New
Orleans, LA 70130; (504) 522-1843; FAX (504) 522-1007
• Consulate – Boston: The Statler Building, 20 Park Plaza, Suite 601, Boston, MA 02116;
(617) 482-2101; FAX (617) 482-8133
• Consulate – New York: 1501 Broadway, Suite 410, New York, NY 10036; (212) 7682480/81/82/83; FAX (212) 768-2677
• Consulate – Philadelphia: 437 Chestnut St., Suite 216, Philadelphia, PA 19106; (215)
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Consulate – Puerto Rico: Avianca Building, 1612 Ponce De Leon Ave., Rm. 7,
Santurce, San Juan, PR 00907; (787) 725-9550/9554; FAX (787) 721-7820
• Permanent Mission to the UN: 144 E. 44th Street, 4th Floor, New York, NY, 10017;
(212) 867-0833; FAX (212) 986-4694
EAST TIMOR
• Embassy: 4201 Connecticut Ave. NW, Washington, D.C. 20008; (202) 966-3202
• Permanent Mission to the UN: 866 2nd Avenue, 9th Floor, New York, NY, 10017;
(212) 759-3675; FAX (212) 759-4196
ECUADOR
• Embassy: 2535 15th Street, NW Washington, D.C. 20009; (202) 234-7166, 202) 2347166/7200; FAX (202) 667-3482
• Consulate – Beverly Hills: 8484 Wilshire Blvd., Suite 540, Beverly Hills, CA 90211;
(323) 658-6020
• Consulate – San Francisco: 235 Montgomery St., Suite 944, San Francisco, CA 94104;
(415) 982-1819/1833
• Consulate – Miami: 1101 Brickell Ave., Suite M-102, BIV Tower, Miami, FL 33131;
(305) 539-8214/8313.
• Consulate – Chicago: 30 S. Michigan Ave. Suite 204, Chicago, IL 60603; (312) 3381002/1004
• Consulate – New Orleans: World Trade Center, 2 Canal Street, Suite 2338, New
Orleans, LA 70130; (504) 523-3229, 522-9675
• Consulate – New York: 800 2nd Avenue, Suite 600, New York, NY 10017; (212) 8080211
• Consulate – Houston: 4200 Westheimer Road, Suite 218, Houston, TX 77027; (713)
572-8731/8732
• Permanent Mission to the UN: 866 United Nations Plaza, Room 516, New York, NY
10017; (212) 935-1680/1681; FAX (212) 935-1835
EGYPT, ARAB REPUBLIC OF
• Embassy: 3521 International Ct., NW, Washington, D.C. 20008; (202) 895-5400; FAX
(202) 244-5131
• Consulate – San Francisco: 3001 Pacific Avenue, San Francisco, CA 94115; (415) 3469700/9702/7352; FAX (415) 346-9480
• Consulate – New York: 1110 2nd Avenue, Suite 201, New York, NY 10022; (212) 7597120
• Consulate – Houston: 1990 Post Oak Bl., Suite 2180, Houston, TX 77056; (713) 9614915
• Permanent Mission to the UN: 304 E. 44th St, New York, NY 10017; (212) 503-0300;
FAX (212) 949-5999
EL SALVADOR
• Embassy: 2308 California St. NW, Washington, D.C. 20008; (202) 2659671/9672/9675; FAX (202) 234-3834
• Consulate – Los Angeles: 3450 Wilshire Blvd., Suite 250, Los Angeles, CA 90010; (213)
383-5776/8580/8364/6134; FAX (213) 383-8599
• Consulate – San Francisco: 870 Market St., Suite 508, San Francisco, CA 94102; (415)
781-7924; FAX (415) 781-1136
• Consulate – Miami: 2600 Douglas Road, Suite 104 (Douglas Centre), Coral Gables, FL
33134; (305) 774-0840; FAX (305) 774-0850
• Consulate – New York: 46 Park Avenue, New York, NY 10016; (212) 889-3608; FAX
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Consulate – Houston: 1702 Hillendahl Blvd., Houston, TX 77055; (713) 2706239/9683; FAX (713) 270-9683
• Permanent Mission to the UN: 46 Park Ave., New York, NY 10016; (212) 6791616/1617; FAX (212) 725-3467
EQUATORIAL GUINEA
• Embassy: 2020 16th Street NW, Washington, D.C. 20009; (202) 518-5700; FAX (202)
518-5252
• Permanent Mission to the UN: 57 Magnolia Avenue, Mount Vernon, NY 10553; (914)
667-8999; FAX (914) 667-8778
ERITREA
• Embassy: 1708 New Hampshire Avenue NW, Washington, D.C. 20009; (202) 3191991; FAX (202) 319-1304
• Permanent Mission to the UN: 800 2nd Avenue, 18th Floor, New York, NY, 10017;
(212) 687-3390; FAX (212) 687-3138
ESTONIA
• Embassy: 2131 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 588-0101;
FAX (202) 588-0108
• Consulate – New York: 600 3rd Avenue, 26th Floor, New York, NY 10016; (212) 8830636
• Permanent Mission to the UN: 600 Third Avenue, 26th Floor, New York, NY 10016;
(212) 883-0640; FAX (212) 883-0648
ETHIOPIA
• Embassy: 3506 International Dr. NW, Washington, D.C. 20008; (202) 364-1200; FAX
(202) 587-0195
• Permanent Mission to the UN: 866 2nd Ave., Third Floor, New York, NY 10017; (212)
421-1830; FAX (212) 754-0360
FIJI
• Embassy: 2233 Wisconsin Ave., NW, Suite 240, Washington, D.C. 20007; (202) 3378320; FAX (202) 337-1996
• Permanent Mission to the UN; 630 Third Ave., 7th Floor, New York, NY 10017; (212)
687-4130; FAX (212) 687-3963
FINLAND
• Embassy: 3301 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 298-5800;
FAX (202) 298-6030
• Consulate – Los Angeles: 1801 Century Park East, Suite 2100, Los Angeles, CA
90067; (310) 203-9903; FAX (310) 203-9186
• Consulate – Chicago: 362 E. Burlington St., Riverside, IL 60546; (708) 442-0635; FAX
(708) 442-6884
• Consulate – Houston: 14 Greenway Plaza, Suite 22R, Houston, TX 77046; (713) 5521722; FAX (713) 522-1676
• Permanent Mission to the UN: 866 UN Plaza, Suite 222, New York, NY, 10017; (212)
750-4400; FAX (212) 750-4418
FRANCE
• Embassy: 4101 Reservoir Rd. NW, Washington, D.C. 20007; (202) 944-6195; FAX
(202) 944-6148
• Consulate – Los Angeles: 10990 Wilshire Blvd., Suite 300, Los Angeles, CA 90024;
(310) 235-3200; FAX (310) 479-4813
• Consulate – San Francisco: 540 Bush Street, San Francisco, CA 94108; (415) 397-4330;
FAX (415) 433-8357

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Consulate – Miami: Espirito Santo Plaza, Suite 1050, 1395 Brickell Ave., Miami, FL
33131; (305) 403-4150; FAX (305) 403-4151
Consulate – Atlanta: 3475 Piedmont Road NE, Suite 1840, Atlanta, GA 30305; (404)
495-1660; FAX (404) 495-1661
Consulate – Chicago: 205 North Michigan Ave., Suite 3700, Chicago, IL 60601; (312)
327-5200; FAX (312) 327-5201
Consulate – Boston: 31 St. James Ave., Park Square Building, Suite 750, Boston, MA
02116; (617) 832-4400; FAX (617) 542-8054
Consulate – New York: 934 5th Avenue, New York, NY 10021; (212) 606-3600; FAX
(212) 606-3620
Consulate – Houston: 777 Post Oak Blvd., Suite 600, Houston, TX 77056; (713) 5722799; FAX (713) 572-2911
Permanent Mission to the UN: 245 E. 47th St., New York, NY, 10017; (212) 308-5700;
FAX (212) 421-6889
Embassy: 2034 20th St. NW, Washington, D.C. 20009; (202) 797-1000; FAX (202) 3320668
Permanent Mission to the UN: 18 E. 41st St., 9th Floor, New York, NY, 10017; (212)
686-9720; FAX (212) 689-5769

GAMBIA
• Embassy: 1155 15th St. NW, Suite 1000, Washington, D.C. 20005; (202) 785-1399;
FAX (202) 785-1430
• Permanent Mission to the UN: 800 2nd Ave., Suite 400F, New York, NY 10017; (212)
949-6640; FAX (212) 856-9820
GEORGIA
• Embassy: 1101 - 15th St. NW Suite 602, Washington D.C. 20005; (202) 387-2390; FAX
(202) 393-4537
• Consulate – Boston: 17 Berkeley Street, Boston, MA 02138; (617) 492-0727
• Consulate – Puerto Rico: 400 Ponce De Leon Ave., Suite 2, San Juan, PR 00901; (787)
724-8070
• Consulate – Houston: 3040 Post Oak Blvd., Suite 700, Houston, TX 77056; (281) 6333500
• Permanent Mission to the UN: One United Nations Plaza, 26th Floor, New York, NY
10017; (212) 759-1949; FAX (212) 759-1832
GERMANY
• Embassy: 4645 Reservoir Rd. NW, Washington, D.C. 20007-1998; (202) 298-4000
• Consulate – Los Angeles: 6222 Wilshire Blvd., Suite 500, Los Angeles, CA 90048; (323)
930-2703; FAX (323) 930-2805
• Consulate – San Francisco: 1960 Jackson Street, San Francisco, CA 94109; (415) 7751061; FAX (415) 775-0187
• Consulate – Miami: 100 N. Biscayne Blvd. #2200, Miami, FL 33132; (305) 358-0290;
FAX (305) 358-0307
• Consulate – Atlanta: Marquis Two Tower-Suite 901, 285 Peachtree Center Ave., NE,
Atlanta, GA 30303; (404) 659-4760; FAX (404) 577-2719
• Consulate – Chicago: 676 N. Michigan Ave., Suite 3200, Chicago, IL 60611; (404) 5772719; FAX (312) 202-0466
• Consulate – Boston: 3 Copley Place, Suite 500, Boston, MA 02116; (617) 369-4900;
FAX (617) 369-4940

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Consulate – Houston: 1330 Post Oak Blvd., Suite 1850, Houston, TX 77056; (713) 6277770; FAX (713) 627-0506
Permanent Mission to the UN: 871 UN Plaza, New York, NY 10017; (212) 940-0400;
FAX (212) 940-0402

GHANA
• Embassy: 3512 International Drive, NW, Washington, D.C. 20008; (202) 6864520/21/22/23/24/25/26; FAX (202) 686-4527
• Permanent Mission to the UN: 19 E. 47th Street, New York, NY 10017; (212) 832-1300;
FAX (212) 751-6743
GREECE
• Embassy: 2221 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 232-8222;
FAX (202) 939-5824
• Consulate – New York: 69 E. 79th Street, New York, NY 10021; (212) 988-5500; FAX
(212) 734-8492
• Consulate – Chicago: 650 North St. Clair St., Chicago, IL 60611; (312) 335-3915; FAX
(312) 335-3958
• Consulate – Los Angeles: 12424 Wilshire Blvd., Suite 800, Los Angeles, CA 90025;
(310) 826-5555; FAX (310) 826-8670
• Consulate - San Francisco: 2441 Gough St. San Francisco, CA 94123; (415)775-2102;
FAX (415) 776-6815
• Consulate – Atlanta: Tower Place, Suite 1670 3340, Peachtree Rd., N.E., Atlanta, GA
30326; (404) 261-3313; FAX (404) 262-2798
• Consulate – Boston: 86 Beacon St. Boston, MA 02108; (617) 523-0100; FAX (617) 5230511
• Consulate – Houston: 520 Post Oak Blvd., Suite 450, Houston, TX 77027; (713) 8407522; (713) 840-0614
• Permanent Mission to the UN: 866 2nd Avenue, 13th Floor, New York, NY, 10017;
(212) 888-6900; (212) 479-1300; FAX (212) 888-4440
GRENADA
• Embassy: 1701 New Hampshire Ave., NW, Washington, D.C. 20009; (202) 265-2561;
FAX (202) 265-2468
• Permanent Mission to the UN: 800 2nd Avenue, Suite 400-K, New York, NY 10017;
(212) 599-0301
GUATEMALA
• Embassy: 2220 R St., NW, Washington, D.C. 20008; (202) 745-4952; FAX (202) 7451908
• Consulate - Los Angeles: 1625 W. Olympic Blvd., #1000, Los Angeles, CA 90015; (213)
365-9251, 9252, 1886; FAX (213) 365-9245
• Consulate – San Francisco: 870 Market St. #667, San Francisco, CA 94102; (415) 7885651 ext. 23, 24, 25; FAX (415) 788-5653
• Consulate – Miami: 1101 Brickell Ave. #1003S, Miami, FL 33131; (305) 679-9945,
9946, 9947, 9948 ext. 10, 14, 15; FAX (305) 679-9983
• Consulate – Chicago: 203 N. Wabash Ave. #910, Chicago, IL 60601; (312) 332-1587;
FAX (312) 332-4256
• Consulate – New York: 57 Park Avenue, New York, NY 10016; (212) 679-4760; FAX
(212) 685-8741
• Consulate – Houston: 3013 Fountain View Suite 210, Houston, TX 77057; (713) 9539531; FAX (713) 953-9383

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GUINEA, REPUBLIC OF
• Permanent Mission to the UN: 57 Park Ave., New York, NY, 10016; (212) 679-4760;
FAX (212) 685-8741
GUINEA, REPUBLIC OF
• Embassy: 2112 Leroy Pl., NW, Washington, D.C. 20008; (202) 986-4300; FAX (202)
478-3010
• Permanent Mission to the UN: 140 E. 39th St., New York, NY, 10016; (212) 6878115/8116/8117; FAX (212) 687-8248
GUINEA-BISSAU, REPUBLIC OF
• Embassy: 15929 Yukon Lane, Rockville, MD 20855; (301) 947-3958
• Permanent Mission to the UN: 211 East 43rd Street, Room 704, New York, NY 10017;
FAX (914) 636-3007
GUYANA
• Embassy: 2490 Tracy Place, NW, Washington, D.C. 20008; (202) 265-6900/6901; FAX
(202) 232-1297
• Permanent Mission to the UN: 801 2nd Ave., Suite 501, New York, NY 10017; (212)
527-5828; FAX (212) 573-6225
HAITI
• Embassy: 2311 Massachusetts Ave., NW, Washington, D.C. 20008; (202) 332-4090;
FAX (202) 745-7215
• Consulate – Miami: 259 S.W. 13th St., Miami, FL 33131; (305) 859-2003, FAX (305)
854-7441
• Consulate – Chicago: 220 State St. Suite 2110, Chicago, IL 60604; (312) 922-4004, FAX
(312) 922-7122
• Consulate – Boston: 545 Boylston St. Suite 201, Boston, MA 02116; (617) 266-3660,
FAX (617) 266 4060
• Consulate – New York: 271 Madison Ave., 5th Fl., New York, NY 10016; (212) 6979767, FAX (212) 681-6991
• Permanent Mission to the UN: 801 2nd Ave., 6th Floor, New York, NY 10017; (212)
370-4840, FAX (212) 661-8698
• Haitian Lawyers Association: 151 South Miami PHI, Miami, FL 33130; (305) 373-7400
• Haiti Diaspo: 2135 Caton Ave., Brooklyn, NY 11226; (718) 856-1856
• Haiti Diaspo, a private organization run by several Haitians who have been in this
country helping fellow Haitians for many years, may be in a better position to help you
in some circumstances than the Haitian Consulate. They will explain legal documents to
you, help you find a lawyer, and may help you and your lawyer in a variety of small
ways.
HOLY SEE
• Consulate – Washington, D.C.: 3339 Massachusetts Ave., NW, Washington, D.C.
20008; (202) 333-7121; FAX (202) 337-4036
HONDURAS
• Embassy: 3007 Tilden St. NW, Suite 4M, Washington, D.C. 20008; (202) 966-7702;
FAX (202) 966-9751
• Consulate – Los Angeles: 3550 Wilshire Blvd., Suite 410, Los Angeles, CA 90010; (213)
383-9244, FAX (213) 383-9306
• Consulate – San Francisco: 870 Market St. Suite 449, San Francisco, CA 94102; (415)
392-0076, FAX (415) 392-6726
• Consulate – Chicago: 4506 Fullerton Ave., Chicago, IL 60639; (773) 342-8281, 8289;
FAX (773) 342-8293

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Consulate – New Orleans: 2 Canal Street, Suite 1641, New Orleans, LA 70130; (504)
522-3118, 3119, FAX (504) 523-0544
• Consulate – Miami: 7171 Coral Way, Suite 309, Miami, FL 33155; (305) 269-9399,
9345, 9322, FAX (305) 269-9445
• Permanent Mission to the UN: 866 United Nations Plaza, Suite 417, New York, NY
10017; (212) 752-3370/3371; FAX (212) 223-0498/751-0403
HUNGARY
• Embassy: 3910 Shoemaker St., NW, Washington, D.C. 20008; (202) 362-6730; FAX
(202) 686-6412
• Consulate – Los Angeles: 11766 Wilshire Blvd., Suite 410, Los Angeles, CA 90025;
(310) 473-9344
• Consulate – New York: 223 E. 52nd Street, New York, NY 10022; (212) 838-4348, (212)
752-0669; FAX (212) 755-5986
• Permanent Mission to the UN: 227 E. 52nd St., New York, NY, 10022; (212) 752-0209,
755-5419/4594/6290; FAX (212) 755-5395
ICELAND
• Embassy: 1156 15th St. NW, Suite 1200, Washington, D.C. 20005; (202) 265-6653;
FAX (202) 265-6656
• Permanent Mission to the UN: 800 3rd Ave., 36th Floor, New York, NY, 10022; (212)
593-2700; FAX (212) 593-6269
INDIA
• Embassy: 2107 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 939-7000;
FAX (202) 265-4351
• Consulate – San Francisco: 540 Arguello Blvd., San Francisco, CA 94118; (415) 6680662; FAX (415) 668-9764
• Consulate – New York: 3 East 64th Street, New York, NY 10021; (212) 774-0600; FAX
(212) 861-3788
• Consulate – Chicago: 455 N. Cityfront Plaza Dr., Suite 850, Chicago, IL 60611; (312)
595-0405; FAX (312) 595-0416
• Consulate – Houston: 1990 Post Oak Blvd., Suite 600 3 Post Oak Central, Houston, TX
77056; (713) 626-2148, 2149; FAX (713) 626-2450
• Permanent Mission to the UN: 235 E. 43rd St., New York, NY, 10017; (212) 490-9660;
FAX (212) 490-9656
INDONESIA, REPUBLIC OF
• Embassy: 2020 Massachusetts Ave. NW, Washington, D.C. 20036; (202) 775-5200;
FAX (202) 775-5365
• Consulate – Los Angeles: 3457 Wilshire Blvd., Los Angeles, CA 90010; (213) 383-5126;
FAX (213) 487-3971
• Consulate – San Francisco: 1111 Columbus Ave. San Francisco, CA 94133; (415) 4749571; FAX (415) 441-4320
• Consulate – Chicago: Two Illinois Center 233 North Michigan Ave., Suite 1422,
Chicago, IL 60601; (312) 938-0101; FAX (312) 938-3148
• Consulate – New York: 5 East 68th Street, New York, NY 10021; (212) 879-0600
• Consulate – Houston: 10900 Richmond Ave., Houston, TX 77042; (713) 785-1691; FAX
(713) 780-9644
• Permanent Mission to the UN: 325 E. 38th St., New York, NY, 10016; (212) 972-8333;
FAX (212) 972-9780

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IRAN
•
•
IRAQ
•
•

Iranian Interests Section: 2209 Wisconsin Ave. NW, Washington, D.C. 20007; (202)
965-4990; FAX (202) 965-1073
Permanent Mission to the UN: 622 3rd Avenue, New York, NY, 10017; (212) 687-2020;
FAX (212) 867-7086
Iraqi Interests Section: 1801 P St. NW, Washington, D.C. 20036; (202) 483-7500; FAX
(202) 462-5066
Permanent Mission to the UN: 14 East 79th Street, New York, NY 10021; (212) 7374433, FAX (212) 772-1794

IRELAND
• Embassy: 2234 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 462-3939;
FAX (202) 232-5993
• Consulate – San Francisco: 100 Pine St., 33rd Floor, San Francisco, CA 94111; (415)
392-4214; FAX (415) 392-0885
• Consulate – Chicago: 400 N. Michigan Avenue, Suite 911, Chicago, IL 60611; (312)
337-1868; FAX (312) 337-1954
• Consulate – Boston: Chase Building, 535 Boylston St., Boston, MA 02116; (617) 2679330; FAX (617) 267-6375
• Consulate – New York: 345 Park Ave., New York, NY 10154; (212) 319-2555; FAX
(212) 980-9475
• Permanent Mission to the UN: 1 Dag Hammarskjold Plaza, 885 2nd Avenue, 19th
Floor, New York, NY 10017; (212) 421-6934; FAX (212) 752-4726
ISRAEL
• Embassy: 3514 International Drive NW, Washington, D.C. 20008; (202) 364-5500; FAX
(202) 364-5423
• Consulate – Los Angeles: 6380 Wilshire Blvd., Suite 1700, Los Angeles, CA 90048;
(323) 852-5500; FAX (323) 852-5555
• Consulate – San Francisco: 456 Montgomery St. Suite 2100, San Francisco, CA 94104;
(415) 844-7500; FAX (415) 844-7555
• Consulate – Miami: 100 North Biscayne (Yitzhak Rabin) Blvd., Suite 1800, Miami, FL;
(305) 358-8111; FAX (305) 371-5034
• Consulate – Atlanta: 1100 Spring St. NW Suite 440, Atlanta, GA 30309; (404) 487-6500;
FAX (404) 487-6555
• Consulate – Chicago: 111 East Wacker Drive, Suite 1308, Chicago, IL 60601; (312) 2974800; FAX (312) 297-4855/4865
• Consulate – Boston: 21 Park Plaza, Suite 1020, Boston, MA 02116; (617) 542-0200;
FAX (617) 535-0255
• Consulate – Houston: 24 Greenway Plaza, Suite 1500, Houston, TX 77046; (713) 6273780; FAX (713) 627-0149
• Permanent Mission to the UN: 800 2nd Avenue, New York, NY 10017; (212) 499-5510;
FAX (212) 499-5516
ITALY
• Embassy: 3000 Whitehaven St. NW, Washington, D.C. 20008; (202) 612-4400; FAX
(202) 518-2154
• Consulate – Los Angeles: 12400 Wilshire Blvd. Suite 300, Los Angeles, CA 90025; (310)
820-0622, 826-6207; FAX (310) 820-0727
• Consulate – San Francisco: 2590 Webster St., San Francisco, CA 94115; (415) 9314924/292-9210; FAX (415) 931-7205

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Consulate – Miami: 4000 Ponce de Leon, Suite 590, Coral Gables, FL; (305) 374-6322;
FAX (305) 374-7945
• Consulate – Chicago: 500 North Michigan Ave. Suite 1850, Chicago, IL 60611; (312)
467-1550/51/52; FAX (312) 467-1335
• Consulate – Boston: 100 Boylston St. Suite 900, Boston, MA 02116; (617) 542-0483/84;
FAX (617) 542-3998
• Consulate – Detroit: Buhl Building, 535 Griswold, Suite 1840, Detroit, MI 48226; (313)
963-8560; FAX (313) 963-8180
• Consulate – New York: 690 Park Avenue, New York, NY 10021; (212) 737-9100; FAX
(212) 249-4945
• Consulate – Philadelphia: 1026 Public Ledger Building, 100 South 6th St., Philadelphia,
PA 19106; (215) 592-7329; FAX (215) 592-9808
• Consulate – Houston: 1300 Post Oak Blvd., Suite 660, Houston, TX 77056; (713) 8507520; FAX (713) 850-9113
• Permanent Mission to the UN: 2 UN Plaza, 24th Floor, New York, NY, 10017; (212)
486-9191; FAX (212) 486-1036
IVORY COAST (SEE COTE D’IVOIRE)
JAMAICA
• Embassy: 1520 New Hampshire Ave. NW, Washington, D.C. 20036; (202) 452-0660;
FAX (202) 452-0081
• Consulate – Miami: 842 Ingraham Building, 25 South East Second Ave. Miami, FL
33131; (305) 374-8431; FAX (305) 577-4970
• Consulate – New York and Permanent Mission to the UN: 767 3rd Avenue, New York,
NY, 10017; (212) 935-7509; FAX (212) 935-7607
• The Jamaican Consulate in New York will make phone calls to Jamaica for you if you
are in prison and cannot make the calls yourself. They will probably also assist you if
you are being mistreated in prison or if your rights are in some way being violated.
JAPAN
• Embassy: 2520 Massachusetts Ave., NW, Washington, D.C. 20008; (202) 238-6700;
FAX (202) 328-2187
• Consulate – Anchorage: 3601 C St. Suite 1300, Anchorage, AK 99503; (907) 562-8424;
FAX (907) 562-8434
• Consulate – Los Angeles: 350 South Grand Ave. Suite 1700, Los Angeles, CA 90071;
(213) 617-6700; FAX (213) 617-6727
• Consulate in San Francisco: 50 Fremont St. Suite 2300, San Francisco, CA 94105; (415)
777-3533; FAX (415) 777-0518
• Consulate – Atlanta: One Alliance Center, Suite 1600, 3500 Lenox Rd., Atlanta, GA
30326; (404) 240-4300; FAX (404) 240-4311
• Consulate in Honolulu: 1742 Nuuanu Ave. Honolulu, HI 96817; (808) 536-2226
• Consulate – Chicago: Olympia Centre, Suite 1100, 737 North Michigan Ave. Chicago,
IL 60611; (312) 280-0400; FAX (312) 280-9568
• Consulate – New Orleans: 639 Loyola Ave. Suite 2050, New Orleans, LA 70113; (504)
529-2101; FAX (504) 568-9847
• Consulate – Boston: Federal Reserve Plaza,14th Floor, 600 Atlantic Ave., Boston, MA
02210; (617) 973-9772/9773/9774; FAX (617) 542-1329
• Consulate – New York: 299 Park Avenue, 18th Floor, New York, NY 10017; (212) 3718222; FAX (212) 319-6357
• Consulate – Portland: Wells Fargo Center, Suite 2700, 1300 SW 5th Ave. Portland, OR
97201; (503) 221-1811; FAX (503) 224-8936

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Consulate – Houston: 1000 Louisiana St. Suite 2300, Houston, TX 77002; (713) 6522977; FAX (713) 651-7822
• Consulate – Seattle: 601 Union St. Suite 500, Seattle, WA 98101; (206) 682-9107; FAX
(206) 624-9097
• Permanent Mission to the UN: 866 United Nations Plaza, New York, NY 10017; (212)
223-4300; FAX (212) 751-1966
JORDAN, HASHEMITE KINGDOM OF
• Embassy: 3504 International Drive, NW, Washington, D.C. 20008; (202) 966-2664;
FAX (202) 966-3110
• Permanent Mission to UN: 866 2nd Avenue, 4th Fl., New York, NY 10017; (212) 8329553; FAX (212) 832-5346
KAZAKHSTAN
• Embassy: 1401 16th St., NW, Washington, D.C. 20036; (202) 232-5488; FAX (212) 2325845
• Permanent Mission to UN: 866 UN Plaza, Suite 586A, New York, NY 10017; (212)
230-1900/1972; FAX (212) 230-1172
KENYA
• Embassy: 2249 R Street NW, Washington, D.C. 20008; (202) 387-6101; FAX (202) 4623829
• Consulate – Los Angeles: 4801 Wilshire Blvd. Mezzanine Floor, Los Angeles, CA
90010; (323) 939-2408; FAX (323) 939-2412
• Consulate – New York: 424 Madison Avenue, 14th Fl., New York, NY 10017; (212)
486-1300; FAX (212) 688-0911
• Permanent Mission to the UN: 866 UN Plaza, Suite 486, New York, NY 10017; (212)
421-4740; FAX (212) 486-1985
KIRIBATI
• Consulate – Honolulu: 850 Richards St., Suite 503, Honolulu, HI 96813; (808) 521-7703
KOREA, REPUBLIC OF
• Embassy: 2450 Massachusetts Ave., NW, Washington, D.C. 20008; (202) 939-5600;
FAX (202) 797-0595
• Consulate – Los Angeles: 3242 Wilshire Blvd. Los Angeles, CA 90019; (213) 385-9300;
FAX (213) 385-1849
• Consulate – San Francisco: 3500 Clay St. San Francisco, CA 90010; (415) 921-2251;
FAX (415) 921-5946
• Consulate – Atlanta: 229 Peachtree St. Suite 500, International Tower, Atlanta, GA
30303; (404) 522-1611; FAX (404) 521-3169
• Consulate – Guam: 125C Tun Jose Camacho St. Tamuning, Guam 96913: (671) 6476488; FAX (671) 649-1336
• Consulate – Honolulu: 2756 Pali Highway, Honolulu, HI 96817; (808) 595-6109; FAX
(808) 595-3046
• Consulate – New York: 335 E. 45th St. 4th Floor, New York, NY 10017; (646) 6746000, (212) 692-9120; FAX (212) 888-6320
• Consulate – Chicago: NBC Tower, Suite 2700, 455 North City Front Plaza Dr.,
Chicago, IL 60611; (312) 822-9485; FAX (312) 822-9849
• Consulate – Houston: 1990 Post Oak Blvd., Suite 1250 Houston, TX 77056; (713) 9610186; FAX (713) 961-3340
• Consulate – Seattle: 2033 Sixth Ave. Suite 1125, Seattle, WA 98121; (206) 441-1011;
FAX (206) 441-7912

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Permanent Mission to the UN: 335 E. 45th St., New York, NY 10017; (212) 439-4000;
FAX (212) 986-1083
KUWAIT, STATE OF
• Embassy: 2940 Tilden St., NW, Washington, D.C. 20008; (202) 966-0702; FAX (202)
364-2868
• Permanent Mission to the UN: 321 E. 44th St., New York, NY 10017; (212) 973-4300;
FAX (212) 370-1733
KYRGYZSTAN (KYRGYZ REPUBLIC)
• Embassy: 1001 Pennsylvania Ave., Suite 600, NW, Washington, D.C. 20004; (202) 3385141; FAX (202) 742-6501
LAO PEOPLE’S DEMOCRATIC REPUBLIC
• Embassy: 2222 S Street NW, Washington, D.C. 20008; (202) 332-6416/6417; FAX
(202) 332-4923
• Permanent Mission to the UN: 317 E. 51st St., New York, NY, 10022; (212) 8322734/0095; FAX (212) 750-0039
LATVIA
• Embassy: 2306 Massachusetts Ave., NW, Washington, D.C. 20008; (202) 328-2830;
FAX (202) 328-2860
• Permanent Mission to the UN: 333 East 50th St., New York, NY 10022; (212) 838-8877;
FAX (212) 838-8920
LEBANON
• Embassy: 2560 28th St., Washington, D.C. 20008; (202) 939-6300; FAX (202) 939-6324
• Consulate – New York: 9 East 76th Street, New York, NY 10021; (212) 744-7905; FAX
(212) 794-1510
• Consulate – Detroit: New Center One Building, 3031 West Grand Blvd., Suite 560,
Detroit, MI 48202; (313) 758-0753/0754/0755; FAX (313) 758-0756
• Consulate – Los Angeles: 660 South Figueroa St., Suite 1050, Los Angeles, CA 90017;
(213) 243-0999/0990; FAX (213) 838-2819/6756
• Permanent Mission to the UN: 866 United Nations Plaza, Rm. 531-533, New York, NY
10017; (212) 355-5460/ 5461; FAX (212) 838-2819/6756
LESOTHO, KINGDOM OF
• Embassy: 2511 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 7975533/5334; FAX (202) 234-6815
• Permanent Mission to the UN: 204 E. 39th St., New York, NY, 10016; (212) 6611690/1691/1692; FAX (212) 682-4388
LIBERIA, REPUBLIC OF
• Embassy: 5201 16th St. NW, Washington, D.C. 20011; (202) 723-0437; FAX (202) 7230436
• Permanent Mission to the UN: 820 2nd Avenue, New York, NY 10017; (212) 6871033/1034; FAX (212) 687-1035/1846
LIBYA
• Permanent Mission to the UN: 309-315 East 48th St., New York, NY 10017; (212) 7525775; FAX (212) 593-4787
LIECHTENSTEIN
• Embassy: 888 17th Street NW, Suite 1250, Washington, D.C. 20006; (202) 331-0590;
FAX (202) 331-3221
• Permanent Mission to the UN: 633 3rd Avenue, 27th Floor, New York, NY, 10017;
(212) 599-0220; FAX (212) 599-0064

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LITHUANIA
• Embassy: 4590 MacArthur Blvd., NW, Suite 200, Washington, D.C. 20007; (202) 2345860, 2639; FAX (202) 328-0466
• Permanent Mission to the UN: 420 5th Ave., 3rd Fl., New York, NY 10018; (212) 3547820; FAX (212) 354-7833

LUXEMBOURG
•

Embassy: 2200 Massachusetts Ave., NW, Washington, D.C. 20008; (202) 265-4171;
FAX (202) 328-8270
• Consulate – New York: 17 Beekman Plaza, New York, NY 10022; (212) 935-3589; FAX
(212) 935-5896
• Consulate – San Francisco: 1 Sansome Street, Suite 830 San Francisco, CA 94014; (415)
788-0816; FAX (415) 788-0985
• Permanent Mission to the UN: 17 Beekman Plaza, New York, NY 10022; (212) 9353589; FAX (212) 935-5896
MACEDONIA, FORMER YUGOSLAV REPUBLIC OF
• Embassy: 3050 K St., NW, Suite 210, Washington, D.C. 20007; (202) 337-3063; FAX
(202) 337-3093
• Permanent Mission to the UN: 866 UN Plaza, Suite 517, New York, NY 10017; (212)
308-8504/8723; FAX (212) 308-8724
MADAGASCAR, DEMOCRATIC REPUBLIC OF
• Embassy: 2374 Massachusetts Ave., NW, Washington, D.C. 20008; (202) 2655525/5526; FAX (202) 483-7603
• Permanent Mission to the UN: 820 2nd Avenue, Room 800, New York, NY 10017;
(212) 986-9491/9492/2827; FAX (212) 986-6271
MALAWI
• Embassy: 1156 15th St. NW, Suite 515 Washington, D.C. 20008; (202) 721-0270
• Permanent Mission to the UN: 600 Third Ave., 21st Floor New York, NY 10016; (212)
949-0180/0181/0182; FAX (212) 599-5021
MALAYSIA
• Embassy: 3516 International Court, NW, Washington, D.C. 20008; (202) 572-9700;
FAX (202) 483-7661
• Consulate – New York: 313 E. 43rd St., New York, NY 10017; (212) 490-2722
• Permanent Mission to the UN: 313 E. 43rd St., New York, NY, 10017; (212) 986-6310;
FAX (212) 490-8576
MALDIVES, REPUBLIC OF
• Permanent Mission to the UN: 800 2nd Avenue, Suite 400E, New York, NY 10017;
(212) 599-6194/6195; FAX (212) 661-6405
MALI, REPUBLIC OF
• Embassy: 2130 R St. NW, Washington, D.C. 20008; (202) 332-2249; FAX (202) 3326603
• Permanent Mission to the UN: 111 E. 69th St., New York, NY 10021; (212) 7374150/794-1131; FAX (212) 472-3778
MALTA
• Embassy: 2017 Connecticut Ave. NW, Washington, D.C. 20008; (202) 462-3611; FAX
(202) 387-5470
• Permanent Mission to the UN: 249 East 35th Street, New York, NY 10016; (212) 7252345; FAX (212) 779-7097

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MARSHALL ISLANDS
• Embassy: 2433 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 234-5414;
FAX (202) 232-3236
• Permanent Mission to the UN: 800 2nd Avenue, 18th Floor, New York, NY 10017;
(212) 983-3040; FAX (212) 983-3202
MAURITANIA, ISLAMIC REPUBLIC OF
• Embassy: 2129 Leroy Place NW, Washington, D.C. 20008; (202) 232-5700; FAX (202)
319-2623
• Permanent Mission to the UN: 116 East 38th St., New York, NY 10016; (212) 2520113/0141; FAX (212) 252-0175
MAURITIUS
• Embassy: 4301 Connecticut Ave, NW, Suite 441 Washington, D.C.; (202) 2441491/1492; FAX (202) 966-0983
• Permanent Mission to the UN: 211 East 43rd St., 15th Floor, New York, NY 10017;
(212) 949-0190/0191; FAX (212) 697-3829 / 953-1233
MEXICO
• Embassy: 1911 Pennsylvania Ave. NW, Washington, D.C. 20006; (202) 728-1600; FAX
(202) 728-1698
• Consulate – Albuquerque: 1610-4th Street, NW Albuquerque, NM 87102; (505) 2472147/4177; FAX (505) 842-9490
• Consulate – Atlanta: 2600 Apple Valley Rd., Atlanta, GA 30319; (404) 266-2233; FAX
(404) 266-2309/2302
• Consulate – Austin: 800 Brazos Street, Suite 330, Austin, TX 78701; (512) 478-2866;
FAX (512) 478-8008
• Consulate – Boston: 20 Park Plaza, Suite 506, Boston MA 02116; (617) 426-4181, 3505263/64/66/2250/8782; FAX (617) 695-1957
• Consulate – Brownsville: 301 Mexico Blvd. Suite F-2 Brownsville TX 78520; (956) 5424431/2051/5182; FAX (956) 542-7267
• Consulate – Calexico: 408 Heber Ave. Calexico, CA 92231; (760) 357-3863/4132; FAX
(760) 357-6284
• Consulate – Chicago: 204 S. Ashland Ave, Chicago, IL 60607; (312) 738-2383; FAX
(312) 491-9072
• Consulate – Dallas: 8855 N. Stemmons Freeway, Dallas TX 75247; (214) 2529250/52/53; FAX (214) 630-3511
• Consulate – Denver: 5350 Leetsdale Drive, Suite 100, Denver, CO 80246; (303) 3311110/1112; FAX (303) 331-1872
• Consulate – Detroit: The Penobscot Building, 645 Griswold Avenue, 17th. Floor, Suite
830 Detroit MI 48226; (313) 964-4515/4532/4534; FAX (313) 964-4522
• Consulate – Douglas: 1201"F" Avenue, Douglas, AZ 85607; (520) 364-3107/42; FAX
(520) 364-1379
• Consulate – El Paso: 910 East San Antonio Avenue, El Paso TX 79901, P.O. Box 812;
(915) 533-5714 544-6177; FAX (915) 532-7163
• Consulate – Fresno: 2409 Merced Street, Fresno, CA 93721;(559) 233-3065; FAX (559)
233-6156
• Consulate – Houston: 4507 San Jacinto Street Houston TX 77004; (713) 271-6800/ 9951225-0218; FAX (713) 271-3201, 772-1229
• Consulate – Indianapolis: 39 West Jackson Place, Suite 103 Indianapolis, IN 46225;
(317) 951-0005/4174/1044; FAX (317) 951-0006/4176

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Consulate – Los Angeles: 2401 West 6th Street, Los Angeles, CA 90057; (213) 3516800; FAX (213) 383-7306
• Consulate – Laredo: 1612 Farragut St., Laredo, TX 78040; P.O. Box 659; (956) 7236369/0990; FAX (956) 723-1741
• Consulate – Miami: 5975 SW 72 Street, Suite 101, Miami, FL 33143; (786) 268-4900;
FAX (786) 268-4895
• Consulate – Nogales: 571 N. Grand Avenue, Nogales, AZ 85621; (520) 287-2521,02873381, 287-3386; FAX (520) 287-3175
• Consulate – New York: 27 East 39th. Street, New York, NY 10016; (212) 217-6400;
FAX (212) 217-6493
• Consulate – Omaha: 3552 Dodge Street, Omaha, NE 68131-3210; (402) 595-1841;
FAX (402) 595-1845
• Consulate – Orlando: 100 West Washington Street Orlando, FL 32801-2315; (407) 4220514; FAX (407) 422-9633
• Consulate – Oxnard: 3151 West Fifth Street E-100, Oxnard, CA 93030; (805) 9848738/2162/2673/4105; FAX (805) 984-8747
• Consulate – Philadelphia: 111 South Independence Mall East, Suite 310, Philadelphia,
PA 19106; (215) 922-4262; FAX (215) 923-7281
• Consulate – Phoenix: 1990 West Camelback Rd Suite 110, Phoenix, AZ 85015; (602)
242-7398, 249-2363, 433-2294, 242-8569; FAX (602) 242-2957
• Consulate – Portland: 1234 South West Morrison Street, Portland, OR 97205; (503)
274-1442/ 478-0435; FAX (503) 274-1540
• Consulate – Raleigh: 336 E Six Forks Rd, Raleigh, NC 27609; (919) 754-0046; FAX
(919) 754-1729
• Consulate – Sacramento: 1010 8th. Street, Sacramento, CA 95814; (916) 441-3287/3065;
FAX (916) 441-3147
• Consulate – San Antonio: 127 Navarro Street, San Antonio, TX 78205; (210) 2279145/9156; FAX (210) 227-1817
• Consulate – San Bernardino: 293 North "D" Street, San Bernardino, CA 92401; (909)
889-9836-9837/889-9808; FAX (909) 889-8285
• Consulate – San Diego: 1549 India St., San Diego, CA 92101; (619) 231-8414; FAX
(619) 231-4802/3561
• Consulate – Seattle: 2132 Third Avenue, Seattle, WA 98121; (206) 4483526/6819/8971; FAX (206) 448-4771
• Consulate – San Francisco: 532 Folsom Street San Francisco, CA 94105; (415) 3541700/ 354-1701; FAX (415) 495-3971
• Consulate – San Jose: 540 North First Street, San José, CA 95112; (408) 294-3414/15;
FAX (408) 294-4506
• Consulate – Santa Ana: 828 N. Broadway St. Santa Ana, CA 92701-3424; (714) 8353069; FAX (714) 835-3472
• Consulate – St. Paul: 797 East 7th Street, Saint Paul, MN 55106; (651) 771-5494; FAX
(651) 772-4419
• Consulate – Yuma: 600 W. 16th. Street, Yuma, AZ 85364; (928) 343-0066/9600/9699;
FAX (928) 343-0077
• Permanent Mission to the UN: Two United Nations Plaza, 28th Floor, New York, NY
10017; (212) 752-0220; FAX (212) 688-8862
MICRONESIA, FEDERATED STATES OF
• Embassy: 1725 N St. NW, Washington, D.C. 20036; (202) 223-4383; FAX (202) 2334391

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Consulate – Guam: Old Hakubotan Bldg., 973 S. Marine Dr., Suite 201, Tamuning,
Guam 96911; (671) 646-9154; FAX (671) 649-6320
• Consulate – Hawaii: 3049 Ualena St., Honolulu, HI 96819; (808) 836-4775; FAX (808)
836-6869
• Permanent Mission to the UN: 820 2nd Ave., Suite 17A, New York, NY 10017; (212)
697-8370; FAX (212) 697-8295
MOLDOVA, REPUBLIC OF
• Embassy: 2101 S St. NW, Washington, D.C. 20008; (202) 667-1130; FAX (202) 6671204
• Permanent Mission to the UN: 573-577 3rd Ave., New York, NY 10016 (212) 682-3523;
FAX (212) 682-6274
MONACO
• Embassy: 565 5th Ave, 23rd Floor, New York, NY 10017; (212) 286-0500; FAX (212)
286-1574
• Permanent Mission to the UN: 866 UN Plaza, Suite 520, New York, NY 10017; (212)
832-0721; FAX (212) 832-5358
MONGOLIA
• Embassy: 2833 M St. NW, Washington, D.C. 20007; (202) 333-7117/ 6214; FAX (202)
298-9227
• Permanent Mission to the UN: 6 E. 77th St., New York, NY 10021; (212) 8619460/737-3874/472-6517; FAX (212) 861-9464
MOROCCO, KINGDOM OF
• Embassy: 1601 21st St. NW, Washington, D.C. 20009; (202) 462-7979
• Consulate – New York: 10 E. 40th St., 24th Floor, New York, NY 10016; (212) 7582625; FAX (212) 779-7441
• Permanent Mission to the UN: 866 2nd Ave., 6th and 7th Floors, New York, NY,
10017; (212) 421-1580; FAX (212) 980-1512/412-7826
MOZAMBIQUE, REPUBLIC OF
• Embassy: 1990 M St. NW, Suite 570, Washington, D.C. 20036; (202) 293-7146/7149;
FAX (202) 835-0245
• Permanent Mission to the UN: 135 E. 36th St., New York, NY 10022; (212) 6445965/6800; FAX (212) 644-5972/0528
MYANMAR, THE UNION OF
• Embassy: 2300 S St. NW, Washington, D.C. 20008; (202) 332-3344/4350/4352; FAX
(202) 332-4351
• Permanent Mission to the UN: 10 E. 77th St., New York, NY 10021; (212) 5351310/1311; FAX (212) 737-2421
NAMIBIA, REPUBLIC OF
• Embassy: 1605 New Hampshire Ave. NW, Washington, D.C. 20009; (202) 986-0540;
FAX (202) 986-0433
• Permanent Mission to the UN: 135 E. 36th St., New York, NY 10016; (212) 685-2003;
FAX (212) 685-1561
NAURU, REPUBLIC OF
• Consulate – Guam: Ada Professional Bldg., Marine Drive, 1st Floor, Agana, Guam
96910; (671) 649-7106/7107
• Consulate – Hawaii: 841 Bishop St., Suite 506, Honolulu, HI 96813; (808) 523-7821
• Permanent Mission to the UN: 800 Second Avenue, Suite 400D, New York, NY 10017;
(212) 937-0074; FAX (212) 937-0079

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NEPAL, KINGDOM OF
• Embassy: 2131 Leroy Pl. NW, Washington, D.C. 20008; (202) 667-4550; FAX (202)
667-5534
• Permanent Mission to the UN: 820 2nd Ave., Suite 17B, New York, NY 10017; (212)
370-3988/3989; FAX (212) 953-2038
NETHERLANDS, THE
• Embassy: 4200 Linnean Ave. NW, Washington, D.C. 20008; (202) 244-5300; FAX (202)
362-3430
• Consulate – Chicago: 303 E. Wacker Dr., Suite 2600, Chicago, IL 60601; (312) 8560110; FAX (312) 856-9218
• Consulate – Los Angeles: 11766 Wilshire Blvd., Suite 1150, Los Angeles, CA 90025;
(310) 268-1598; FAX (310) 312-0989
• Consulate – Miami: 701 Brickell Av., 5th Floor, Miami, FL 33131; (786) 866-0480; FAX
(786) 866-0497
• Consulate – New York: 1 Rockefeller Plaza, 11th Fl., New York, NY 10020; (212) 2461429; FAX (212) 333-3603
• Permanent Mission to the UN: 235 E. 45th St., 16th Floor, New York, NY 10017 (212)
697-5547; FAX (212) 370-1954
NEW ZEALAND
• Embassy: 37 Observatory Circle, NW, Washington, D.C. 20008; (202) 328-4800; FAX
(202) 667-5227
• Consulate – Los Angeles: 2425 Olympic Blvd., Suite 600E Santa Monica, CA 90404;
(310) 566-6555; FAX (310) 566-6556
• Consulate – New York: 222 East 41st St., Suite 2510, New York, NY 10017; (212) 8324038; FAX (212) 832-7602
• Permanent Mission to the UN: One UN Plaza, 25th Floor, New York, NY 10017; (212)
826-1960; FAX (212) 758-0827
NICARAGUA
• Embassy: 1627 New Hampshire Ave. NW, Washington, D.C. 20009; (202) 939-6570;
FAX (202) 939-6542
• Consulate – Los Angeles: 33550 Wilshire Bl., Suite 200, Los Angeles, CA 90010; (213)
252-1170/1171/1174; FAX (213) 252-1177
• Consulate – San Francisco: 870 Market St., Suite 1050, San Francisco, CA 94102; (415)
765-6821; FAX (415) 765-6826
• Consulate – Miami: 8532 S.W. 8 Street, Suite 270 Miami, FL 33144; (305) 265-1415;
FAX (305) 265-1780
• Consulate – New York: 820 2nd Ave., Suite 802, New York, NY 10017; (212) 983-1981;
FAX (212) 989-5528
• Consulate – Houston: 6300 Hillcroft, Suite 250, Houston, TX 77081; (713) 272-9628/
9629; FAX (713) 272-7131
• Permanent Mission to the UN: 820 2nd Ave., 8th Floor, New York, NY 10017; (212)
490-7997; FAX (212) 286-0815
NIGER, REPUBLIC OF
• Embassy: 2204 R St. NW, Washington, D.C. 20008; (202) 483-4224; FAX (202) 4833169
• Permanent Mission to the UN: 417 E. 50th St., New York, NY 10022; (212) 4213260/3261/3286; FAX (212) 753-6931
NIGERIA, FEDERAL REPUBLIC OF
• Embassy: 1333 16th St. NW, Washington, D.C. 20036; (202) 986-8400

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Consulate – Atlanta: 8060 Roswell Rd, Atlanta, GA 30350; (770)394-6261
Consulate – New York City: 828 2nd Ave., New York, NY 10017; (212) 808-0301
Permanent Mission to the UN: 828 Second Avenue, New York, NY 10017 (212) 9539130; FAX (212) 697-1970

NORWAY
• Embassy: 2720 34th St. NW, Washington, D.C. 20008; (202) 944-8939; FAX (202) 3370870
• Consulate – San Francisco: 20 California St., 6th Floor, San Francisco, CA 94111; (415)
986-0766
• Consulate – Houston: 2777 Allen Pkwy., Suite 1185, Houston, TX 77019; (713) 5212900
• Permanent Mission to the UN: 825 3rd Ave., 39th Fl., New York, NY 10022; (212) 4210280/0281/0282/0283/0284; FAX (212) 688-0554
OMAN, SULTANATE OF
• Embassy: 2535 Belmont Road NW, Washington, D.C. 20008; (202) 3871980/1981/1982; FAX (202) 387-2186
• Permanent Mission to the UN: 866 UN Plaza, Suite 540, New York, NY 10017; (212)
355-3505/3506/3507; FAX (212) 644-0070
PAKISTAN
• Embassy: 2315 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 939-6209;
FAX (202) 387-0484
• Consulate – Los Angeles: 10850 Wilshire Bl., Suite 1100, Los Angeles, CA 90024; (310)
441-5114; FAX (310)-441-9256
• Consulate – Boston: 393 Commonwealth Ave., Boston, MA 02115; (617) 267-9000;
FAX (617) 266-6666
• Consulate – Chicago: 333 North Michigan Avenue, Suite 728, Chicago, Illinois 60601;
(312) 781-1831, (312)-781-1833; FAX (312) 781-1839
• Consulate – New York: 12 E. 65th St., New York, NY 10021; (212) 879-5800; FAX
(202) 387-0484
• Permanent Mission to the UN: Pakistan House, 8 E. 65th St., New York, NY 10021;
(212) 879-8600; FAX (212) 744-7348
PALAU, REPUBLIC OF
• Embassy: 1700 Pennsylvania Ave. NW, Suite 400, Washington, D.C. 20006; (202) 4526814
PALESTINE
• Permanent Observer Mission to the UN: 115 E. 65th St., New York, N.Y. 10021; (212)
288-8500; FAX (212) 517-2377
PANAMA
• Embassy: 2862 McGill Terrace NW, Washington, D.C. 20008; (202) 483-1407; FAX
(202) 483-8416
• Consulate – Miami: Rivergate Plaza, 444 Brickell Ave., Suite 729, Miami, FL 33131;
(305) 371-7031; FAX (305) 371-2907
• Consulate – Tampa: Galleria Office Building, 4326 El Prado Bl., Suite 4, Tampa, FL
33629; (813) 251-0316; FAX (813) 831-6685
• Consulate – Honolulu: 1568 Uluhaku Pl., Kailua, Honolulu, HI 96734; (808) 521-5043
• Consulate – New Orleans: 1324 World Trade Center, 2 Canal St., New Orleans, LA
70130; (504) 525-3458; FAX (504) 424-8960
• Consulate – New York: 1212 Ave. of the Americas, 6th Floor, New York, NY 10036;
(212) 840-2450; FAX (212) 840-2451

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Consulate – Philadelphia: 124 Chestnut St., Philadelphia, PA 19106; (215) 574-2994;
FAX (215) 625-4876
• Consulate – Houston: 24 Greenway Plaza, Suite 1307, Houston, TX 77046; (713) 6224451; FAX (713) 622-4468
• Permanent Mission to the UN: 866 UN Plaza, Suite 4030, New York, NY 10017; (212)
421-5420/5421; FAX (212) 421-2694
PAPUA NEW GUINEA
• Embassy: 1779 Massachusetts Ave. NW, Suite 805, Washington, D.C. 20036; (202) 7453680
• Consulate – Los Angeles: 1308 Banyan Dr., Fallbrook, CA 92028; (760) 731-0436; FAX
(760) 731-0472
• Permanent Mission to the UN: 201 East 42nd St., Suite 405, New York, NY 10017 (212)
557-5001; FAX (212) 557-5009
PARAGUAY
• Embassy: 2400 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 4836960/6961/6962; FAX (202) 234-4508
• Consulate – Los Angeles: 2121 Avenue of the Stars, Suite 1560, Los Angeles, CA 90067;
(310) 553-8081; FAX 553-8745
• Consulate – Miami: 300 Biscayne Blvd., Suite 907, Miami, FL 33131; (305) 374-9090;
FAX (305) 374-5522
• Permanent Mission to the UN: 211 East 43rd Street, Suite 400, New York, NY 10017;
(212) 687-3490/3491; FAX (212) 818-1282
PERU
• Embassy: 1700 Massachusetts Ave. NW, Washington D.C. 20036; (202) 833-9868; FAX
(202) 659-8124
• Consulate – Atlanta: 4360 Chamblee Dunwoody Rd., Suite 580, Atlanta, GA 30341;
(678) 336-7010 or (800) 701-3919; FAX (678) 990-1920
• Consulate – Los Angeles: 3460 Wilshire Bl., Suite 1005, Los Angeles, CA 90036; (213)
651-0296/0297; FAX (213) 651-1264
• Consulate – San Francisco: 870 Market St., Suite 579, San Francisco, CA 94102; (415)
362-7136; FAX (415) 362-3262
• Consulate – Miami: 444 Brickell Ave., Suite M135, Miami, FL 33131; (305) 374-8935;
FAX (305) 381-6027
• Consulate – Chicago: 180 N. Michigan Av., Suite 1830, Chicago, IL 60601; (312) 8536173; FAX (312) 704-6969
• Consulate – Boston: 535 Boylston St., Boston, MA 02116; (617) 338-1144; FAX (617)
338-2742
• Consulate – New York: 215 Lexington Ave., 21st Floor, New York, NY 10016; (212)
481-7410; FAX (212) 481-8606
• Consulate – Houston: 5177 Richmond Av., Suite 695, Houston, TX 77056; (713) 3559571; FAX (713) 355-9377
• Permanent Mission to the UN: 820 2nd Ave., Suite 1600, New York, NY 10017; (212)
687-3336; FAX (212) 972-6975
PHILIPPINES, REPUBLIC OF
• Embassy: 1600 Massachusetts Ave. NW, Washington, D.C. 20036; (202) 467-9300;
FAX (202) 328-7614
• Consulate – Los Angeles: 3600 Wilshire Bl., Suite 500, Los Angeles, CA 90010; (213)
639-0980, FAX (213) 639-0990

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Consulate – San Francisco: Philippine Center Bldg., 447 Sutter St., 6th Fl., San
Francisco, CA 94108; (415) 433-6666; FAX (415) 421-2641
• Consulate – Agana: Guam Int’l Ctr., Marine Drive, Suite 406, P.O. Box 9880,
Tamuning, Guam 96911; (671) 646-4620
• Consulate – Honolulu: 2433 Pali Hwy., Honolulu, HI 96817; (808) 595-6316; FAX (808)
595-2581
• Consulate – Chicago: 30 N. Michigan Ave., Suite 2100, Chicago, IL 60602; (312) 3326458; FAX (312) 332-3657
• Consulate – New York: Philippine Ctr., 556 5th Ave., New York, NY 10036; (212) 7641330; FAX (212) 382-1146
• Consulate – Saipan: Nauru Building, 5th Floor, P.O. BOX 500731CK SAIPAN; MP
96950 CNMI; 670) 234-1848/235-8360; FAX (670)234-1849
• Permanent Mission to the UN: 556 5th Ave., 5th Floor, New York, NY 10036; (212)
764-1300/1301/1302/1303/1304 or (212) 704-7322; FAX (212) 840-8602
POLAND, REPUBLIC OF
• Embassy: 2640 16th St. NW, Washington, D.C. 20009; (202) 234-3800; FAX (202) 3286271
• Permanent Mission to the UN: 9 E. 66th St., New York, NY, 10021; (212) 744-2506;
FAX (212) 517-6771
• Consulate – Los Angeles: 12400 Wilshire Blvd., Suite 555, Los Angeles, CA 90025;
(310) 442-8500; FAX (310) 442-8515
• Consulate – Chicago: 1530 N. Lake Shore Dr., Chicago, IL 60610; (312) 337-8166
• Consulate – New York: 233 Madison Ave., New York, NY 10016; (646) 237-2100; FAX
(646) 237-2105
• Permanent Mission to the UN: 9 E. 66th Street, New York, NY 10021; (212) 744-2506;
FAX (212) 517-6771
• Polish American Immigration & Relief Comm. Inc.: 180 2nd Ave., New York, NY
10003; (212) 254-2240; FAX (212) 254-2240
PORTUGAL
• Embassy: 2125 Kalorama Rd. NW, Washington, D.C. 20008; (202) 328-8610; FAX
(202) 462-3726
• Consulate – Los Angeles: 1801 Avenue of the Stars, Suite 400, Los Angeles, CA 90067;
(310) 277-1491
• Consulate – San Francisco: 3298 Washington St., San Francisco, CA 94115; (415) 3463400
• Consulate – Boston: 1 Exeter Place, Floor 7, Boston, MA 02116; (617) 536-8740
• Consulate – New Bedford: 628 Pleasant St., Rm. 218/225, New Bedford, MA 02740;
(508) 997-6151
• Consulate – Newark Main Floor, The Legal Ctr., One Riverfront Plaza, Newark, NJ
07102; (973) 643-4200
• Consulate – New York: 630 5th Ave., Suite 310, New York, NY 10111; (212) 246-4580;
FAX (212) 459-0190
• Consulate – Providence: 56 Pine St., 6th Floor, Providence, RI 02903; (401) 272-2003
• Permanent Mission to the UN: 866 2nd Avenue, 9th Floor, New York, NY 10017; (212)
759-9444; FAX (212) 355-1124
QATAR
• Embassy: 4200 Wisconsin Ave. NW, Washington, D.C. 20016; (202) 274-1600; FAX
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Consulate – Houston: 1900 Post Oak Blvd., Suite 810, Houston, TX; (713) 355-8221;
FAX (713) 968-9841
• Permanent Mission to the UN: 747 Third Ave., 22nd Fl., New York, NY 10017; (212)
486-9335/9336; FAX (212) 758-4952 or (212) 308-5630
ROMANIA
• Embassy: 1607 23rd St. NW, Washington, D.C. 20008; (202) 332-4848 or 387-6901;
FAX (202) 232-4748
• Consulate – Los Angeles: 11766 Wilshire Bl., Suite 560, Los Angeles, CA 90025; (310)
444-0043
• Consulate – Chicago: 737 N. Michigan Ave., Suite 1170, Chicago, IL 60611
• Consulate – New York: 200 E. 38th St., 3rd Floor, New York, NY 10016; (212) 6829120; FAX (212) 972-8463
• Permanent Mission to the UN: 573-577 3rd Ave., New York, NY 10016 (212) 6823273/3274; FAX (212) 682-9746
RUSSIAN FEDERATION
• Embassy: 2650 Wisconsin Ave. NW, Washington, D.C. 20007; (202) 298-5700 FAX
(202) 298-5735
• Consulate – Anchorage: 3581 Kachemak Ci., Anchorage, AK 99515; (907) 349-5481
• Consulate – San Francisco: 2790 Green St., San Francisco, CA 94123; (415) 202-9800;
FAX (415) 929-0306
• Consulate – Honolulu: 3030 Pualei Ci., Apartment 302, Honolulu, HI 96815; (808) 9266921
• Consulate – New York: 9 E. 91st St., New York, NY 10128; (212) 348-0626
• Permanent Mission to the UN: 136 East 67th St., New York, NY 10021 (212) 8614900/4901/4902; FAX (212) 628-0252
RWANDA, REPUBLIC OF
• Embassy: 1714 New Hampshire Ave. NW, Washington, D.C. 20009; (202) 232-2882;
FAX (202) 232-4544
• Consulate – Chicago: 666 Dundee Rd., Suite 1401, Northbrook, IL 60062; (708) 2051188
• Permanent Mission to the UN: 124 East 39th St., New York, NY, 10016 (212) 6799010/9023/9024; FAX (212) 679-9133
SAINT KITTS AND NEVIS
• Embassy: 3216 New Mexico Ave. NW, Washington, D.C. 20016; (202) 686-2636; FAX
(202) 686-5740
• Consulate – Atlanta: 644 Antone St., NW, Atlanta, GA 30318
• Permanent Mission to the UN: 414 East 75th Street, 5th Floor, New York, NY 10021;
(212) 535-1234; FAX (212) 535-6854
SAINT LUCIA
• Embassy: 3216 New Mexico Ave. NW, Washington, D.C. 20016; (202) 3646792/6793/6794/6795; FAX (202) 364-6725
• Consulate – Los Angeles: 2250 Century Hill, Los Angeles, CA 90067; (310) 557-9000
• Consulate – New York: 800 2nd Ave., Suite 900E, New York, NY 10017; (212) 6979360; FAX (212) 697-4993
• Permanent Mission to the UN: 800 2nd Ave., Suite 400J, New York, NY 10017 (212)
697-9360/9361; FAX (212) 697-4993
SAINT VINCENT & THE GRENADINES
• Embassy: 3216 New Mexico Ave. NW, Washington, D.C. 20016; (202) 364-6730; (202)
364-6736; FAX (202) 364-6736

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Permanent Mission to the UN: 801 2nd Ave., 21st Fl., New York, NY 10017; (212) 6874490/4491; FAX (212) 949-5946

Embassy: 800 Second Avenue, Suite 400D, New York NY 10017; (212) 599-6196/6197;
FAX (212) 599-0797
• Permanent Mission to the UN: 800 Second Avenue, Suite 400J, New York, NY 10017;
(212) 599-6196/6197; (212) 599-0797
SAO TOME AND PRINCIPE
• Embassy and Permanent Mission to the UN: 400 Park Ave., 7th Floor, New York, NY
10022; (212) 317-0533; FAX (212) 317-0580
SAUDI ARABIA
• Embassy: 601 New Hampshire Ave. NW, Washington, D.C. 20037; (202) 342-3800;
FAX (202) 337-4134
• Consulate – Los Angeles: 2045 Sawtelle Blvd., Los Angeles, CA 90025; (310) 479-6000;
FAX (310) 479-2752
• Consulate – New York: 866 United Nations Plaza, Ste 840, New York, NY 10017; (212)
752-2740; FAX (212) 983-4895
• Consulate – Houston: 5718 Westheimer, Suite 1500, Houston, TX 77057; (713) 7855577; FAX (713) 785-1163
• Permanent Mission to the UN: 405 Lexington Ave., 56th Fl., New York, NY 10017;
(212) 697-4830; FAX (212) 983-4895
SENÉGAL
• Embassy: 2112 Wyoming Ave. NW, Washington, D.C. 20008; (202) 234-0540/0541;
FAX (202) 332-6315
• Consulate –New York: 271 West 125th St., Suite 412, New York, NY 10027; (917) 4938950; FAX (917) 493-8953
• Consulate – New Orleans: International Trade, Suite 1803, New Orleans, LA 70561;
(504) 529-7561
• Consulate – Boston: 381 Dudley Rd., Newton, MA 02159; (617) 244-3605
• Consulate – Houston: Stone Crest International, 3602 S. McGregor Wa.., Houston, TX
77021; (713) 748-5016
• Permanent Mission to the UN: 238 E. 68th St., New York, NY 10021; (212) 5179030/9031/9032; FAX (212) 517-3032.
• If you are near New York and have an emergency, contact the UN Permanent Mission.
They can provide you with interpreters and other assistance on the scene.
SERBIA AND MONTENEGRO
• Embassy: 2134 Kalorama Rd., NW, Washington, D.C. 20008; (202) 332-0333; FAX
(202) 332-3933
• Consulate – Chicago: 201 East Ohio St., Suite 200, Chicago, IL 60611; (312) 670-6707
• Permanent Mission to the UN: 854 5th Avenue, New York, NY, 10021; (212) 879-8700;
FAX (212) 879-8705
SEYCHELLES, REPUBLIC OF
• Embassy: 800 2nd Ave., Suite 400C, New York, NY 10017; (212) 972-1785; FAX (212)
972-1786
• Consulate – Seattle: 3620 S.W. 309th St., Federal Way, Seattle, WA 98023; (206) 8744579; FAX (206) 838-2787
• Permanent Mission to the UN: 800 2nd Ave., Suite 400C, New York, NY 10017; (212)
972-1785; FAX (212) 972-1786

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SIERRA LEONE, REPUBLIC OF
• Embassy: 1701 19th St. NW, Washington, D.C. 20009; (202) 939-9261; FAX (202) 4831793
• Permanent Mission to the UN: 245 E. 49th St., New York, NY 10017; (212) 6881656/4985; FAX (212) 688-4924
SINGAPORE, REPUBLIC OF
• Embassy: 3501 International Pl. NW, Washington, D.C. 20008; (202) 537-3100; FAX
(202) 537-0876
• Consulate – San Francisco: 595 Market St., Suite 2450, San Francisco, CA 94105; (415)
543-0474; FAX (415) 543-4788
• Consulate – New York: 231 E. 51st St., New York, NY 10022-6520; (212) 223-3331;
FAX (212) 826-5028
• Permanent Mission to the UN: 231 East 51st St., New York, NY 10022; (212) 8260840/0841/0842/0843/0844; FAX (212) 826-2964
SLOVAKIA (REPUBLIC OF SLOVAK)
• Embassy: 3523 International Court NW, Washington D.C., 20008; (202) 237-1054; FAX
(202) 237-6438
• Consulate –Washington D.C.: 3525 International Court NW, Washington D.C. 20008;
(202) 237-1054; FAX (202) 237-6438
• Consulate – New York: 801 2nd Ave., 12th Floor, New York, NY 10017; (212) 286-8434;
FAX (212) 286-8439
• Consulate – Los Angeles: 10940 Wilshire Blvd., Suite 2030, Los Angeles, CA 90024;
(310) 209-1253; FAX (310) 209-1261
• Permanent Mission to the UN: 801 2nd Ave., 12th Floor, New York, NY 10017; (212)
286-8880/8401/8418/8452; FAX (212) 286-8419
SLOVENIA
• Embassy: 1525 New Hampshire Ave. NW, Washington, D.C. 20036; (202) 667-5363;
FAX (202) 667-4563
• Consulate – New York: 600 3rd Ave., 21st Fl., New York, NY 10016; (212) 370-3006;
FAX (212) 370-3581
• Consulate – Cleveland: 1111 Chester Ave., Suite 520, Cleveland, OH 44114; (216) 5899220; FAX (216) 589-9210
• Permanent Mission to the UN: 600 3rd Ave., 24th Floor, New York, NY 10016; (212)
370-3007/1831; FAX (212) 370-1824
SOMALI DEMOCRATIC REPUBLIC
• Permanent Mission to the UN: 425 East 61st St., Suite 702, New York, NY 10021; (212)
688-941/5046; FAX (212) 759-0651
SOUTH AFRICA
• Embassy: 3051 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 232-4400;
FAX (202) 265-1607
• Consulate – Washington D.C.: 3051 Massachusetts Ave. NW, Washington, D.C. 20008;
(202) 274-7991; FAX (202) 244-9417
• Consulate – Chicago: 200 South Michigan Ave., 6th Fl., Chicago, IL 60604; (312) 9397929; FAX (312) 939-2588
• Consulate – New York: 333 East 38th St., 9th Fl., New York, NY 10016; (212) 2134880; FAX (212) 213-0102
• Consulate – Los Angeles: 6300 Wilshire Blvd., Suite 600, Los Angeles, CA 90048; (323)
651-0902; FAX (323) 651-5969

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Permanent Mission to the UN: 333 East 38th St., 9th Fl., New York, NY 10016 (212)
213-5583; FAX (212) 692-2498

Embassy: 2375 Pennsylvania Ave. NW, Washington, D.C. 20037; (202) 728-2330; FAX
(202) 728-2302
• Consulate – Los Angeles: 5055 Wilshire Blvd., Suite 860, Los Angeles, CA 90036; (323)
938-0158/0166; FAX (323) 938-2502
• Consulate – San Francisco: 1405 Sutter St., San Francisco, CA 94109; (415) 9222995/2996; FAX (415) 931-9706
• Consulate – Miami: 2655 Le Jeune Rd., Suite 203, Coral Gables, FL 33134; (305) 4465511/5512/5513; FAX (305) 446-0585
• Consulate – Chicago: 180 N. Michigan Ave., Suite 1500, Chicago, IL 60601; (312) 7824588/4589; FAX (312) 728-1635
• Consulate – New Orleans: 2102 World Trade Ctr., 2 Canal St., New Orleans, LA 70130;
(504) 525-4951/7920; FAX (504) 525-4955
• Consulate – Boston: 545 Boylston St., Suite 803, Boston, MA 02116; (617) 5362506/2527; FAX (617) 536-8512
• Consulate – New York: 150 East 58th St., Floors 30-31, New York, NY 10155; (212)
355-4080/4081/4082/4085/4090; FAX (212) 644-3751
• Consulate – Houston: 1800 Bering Dr., Suite 660, Houston, TX 77057; (713) 7836200/6205/6214; FAX (713) 783-6166
• Consulate – Puerto Rico: Apartado Postal 9243, Santurce, PR 9243; (787) 7586090/6142/6279
• Permanent Mission to the UN: 823 UN Plaza, 345 East 46th St., 9th Floor, New York,
NY 10017; (212) 661-1050; FAX (212) 949-7247
SRI LANKA
• Embassy: 2148 Wyoming Ave. NW, Washington, D.C. 20008; (202) 483-4025/4028;
FAX (202) 232-7181
• Consulate – Los Angeles: 3250 Wilshire Blvd., Suite 1405, Los Angeles, CA 90010;
(213) 387-0210; FAX (213) 387-0216
• Consulate – New York: 630 3rd Ave., 20th Fl., New York, NY 10017; (212) 986-7040;
FAX (212) 986-1838
• Permanent Mission to the UN: 630 3rd Ave., 20th Fl., New York, NY 10017; (212) 9867040/7041/7042/7043; FAX (212) 986-1838
SUDAN, REPUBLIC OF
• Embassy: 2210 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 338-8565;
FAX (202) 667-2406
• Consulate – Washington, D.C.: 1729 Wisconsin Ave. NW, Washington D.C. 20007;
(202) 333-4735
• Permanent Mission to the UN: 655 3rd Ave., Suite 500-510, New York, NY 10017;
(212) 573-6033; FAX (212) 573-6160
SURINAME, REPUBLIC OF
• Embassy: 4301 Connecticut Ave. NW, Suite 460, Washington, D.C. 20008; (202) 2447488/7590/7591/7592; FAX (202) 244-5878
• Consulate – Miami: 7235 NW 19th St., Suite A, Miami, FL 33126; (305) 593-2697
• Permanent Mission to the UN: 866 UN Plaza, Suite 320, New York, NY 10017; (212)
826-0660/0661/0662/0663; FAX (212) 980-7029
SWAZILAND, KINGDOM OF
• Embassy: 1712 New Hampshire Ave., Washington, D.C. 20009; (202) 234-5002

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Permanent Mission to the UN: 408 East 50th St., New York, NY 10022; (212) 3718910; FAX (212) 754-2755

SWEDEN
• Embassy: 1501 M St. NW, Suite 900, Washington, D.C. 20005; (202) 467-2600; FAX
(202) 467-2699
• Consulate – Los Angeles: 10940 Wilshire Blvd., Suite 700, Los Angeles, CA 90024;
(310) 473-3350; FAX (310) 473-2229
• Consulate – New York: 1 Dag Hammerskjold Plaza, 885 2nd Ave., 45th Fl., New York,
NY 10017; (212) 583-2550/2569; FAX (212) 755-2732
• Consulate – San Juan: P.O. Box 9022748, San Juan, Puerto Rico, 00902; (787) 7782377; FAX (787) 778-278
• Permanent Mission to the UN: One Dag Hammarskjöld Plaza, 885 2nd Ave., 46th
Floor, New York, NY 10017; (212) 583-2500; FAX (212) 832-0389
SWITZERLAND
• Embassy: 2900 Cathedral Ave. NW, Washington, D.C. 20008; (202) 745-7900; FAX
(202) 387-2564
• Consulate – Los Angeles: 11766 Wilshire Blvd., Suite 1400, Los Angeles, CA 90025;
(310) 575-1145
• Consulate – San Francisco: 456 Montgomery St., Suite 1500, San Francisco, CA 94104;
(415) 788-2272; FAX (415) 788-1402
• Consulate – Atlanta: 1275 Peachtree St., N.E., Suite 425, Atlanta, GA 30309; (404) 8702000; FAX (404) 870-2011
• Consulate – Chicago: 737 N. Michigan Ave., Suite 2301, Chicago, IL 60611; (312) 9150061; FAX (312) 915-0388
• Consulate – Boston: 420 Broadway, Cambridge, MA 02138; (617) 876-3076; FAX (617)
876-3079
• Consulate – New York: 633 3rd Ave., 30th Floor, New York, NY 10017; (212) 5995700; FAX (212) 599-4266
• Consulate – Houston: Two Allen Center, 1200 Smith St., Suite 1040, Houston, TX
77002; (713) 650-0000; FAX (713) 650-1321
• Permanent Mission to the UN: 633 3rd Ave., 29th Fl., New York, NY 10017; (212) 2861540; FAX (212) 286-1555
SYRIA (SYRIAN ARAB REPUBLIC)
• Embassy: 2215 Wyoming Ave. NW, Washington, D.C. 20008; (202) 232-6313; FAX
(202) 234-4585
• Permanent Mission to the UN: 820 Second Ave., 15th Floor, New York, NY 10017;
(212) 661-1313; FAX (212) 983-4439
TAIWAN
• Taipei Economic and Cultural Representative Office: 4201 Wisconsin Ave. NW,
Washington, D.C. 20016; (202) 895-1800
• Taipei Economic and Cultural Office in New York, 1 E. 42nd Street, 4th Fl., New York,
NY 10017; (212) 486-0088; FAX (212) 421-7866
TAJIKISTAN, REPUBLIC OF
• Embassy: 1005 New Hampshire Ave. NW, Washington, D.C. 20037; (202) 223-6090;
FAX (202) 223-6091
• Permanent Mission to the UN: 136 E. 67th St., New York, NY 10021; (212) 744-2196;
FAX (212) 472-7645

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TANZANIA, UNITED REPUBLIC OF
• Embassy: 2139 R St. NW, Washington, D.C. 20008; (202) 939-6125/7; FAX (202) 7977408
• Permanent Mission to the UN: 201 East 42nd St., Suite 1700, New York, NY 10017;
(212) 972-9160; FAX (212) 682-5232
THAILAND
• Embassy: 1024 Wisconsin Ave. NW, Suite 401, Washington, D.C. 20007; (202) 9443600; FAX (202) 944-3611
• Consulate – Los Angeles: 611 N. Larchmont Bl., Los Angeles, CA 90004; (213) 9629574-77; FAX (323) 962-2128
• Consulate – New York: 351 E. 52nd St., New York, NY 10022; (212) 754-1770; FAX
(212) 754-1917
• Consulate – Chicago: 700 North Rush Street, Chicago, IL 60611; (312) 664-3129; FAX
(312) 664-3230
• Permanent Mission to the UN: 351 East 52nd St., New York, NY 10022; (212) 7542230; FAX (212) 688-3029
TOGO, REPUBLIC OF
• Embassy: 2208 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 2344212/4213; FAX (202) 232-3190
• Permanent Mission to the UN: 112 East 40th St., New York, NY 10016; (212) 4903455/3456; FAX (212) 983-6684
TONGA, KINGDOM OF
• Consulate – San Francisco: 360 Post St., Suite 604, San Francisco, CA 94108; (415) 7810365; FAX (415) 781-3964
• Permanent Mission to the UN: 250 East 51st Street, New York, NY 10022; (917) 3691025; FAX (917) 369-1024
TRINIDAD AND TOBAGO
• Embassy: 1708 Massachusetts Ave. NW, Washington, D.C. 20036; (202) 467-6490;
FAX (202) 785-3130
• Consulate – Miami: 1000 Brickell Av., Suite 800, Miami, FL 33131; (305) 374-2199
• Consulate – New York: 733 3rd Ave., Suite 1716, New York, NY 10017-3204; (212)
682-7272; FAX (212) 986-2146
• Permanent Mission to the UN: 820 Second Ave., 5th Floor, New York, NY 10017; (212)
697-7620/7621/7622/7623; FAX (212) 682-3580
TUNISIA
• Embassy: 1515 Massachusetts Ave. NW, Washington, D.C. 20005; (202) 862-1850;
FAX (202) 862-1858
• Permanent Mission to the UN: 31 Beekman Place, New York, NY 10022; (212) 7517503/7534/5069; FAX (212) 751-0569
TURKEY, REPUBLIC OF
• Embassy: 1714 Massachusetts Ave. NW, Washington, D.C. 20036; (202) 659-8200;
FAX (202) 659-0744
• Consulate – Los Angeles: 4801 Wilshire Blvd., Los Angeles, CA 90010; (213) 937-0118;
FAX (213) 932-0061
• Consulate – San Francisco: 3401 Sacramento Street, San Francisco, CA 94102; (415)
922-9222
• Consulate – Chicago: 360 N. Michigan Ave., Suite 1405, Chicago, IL 60601; (312) 2630644; FAX (312) 263 1295

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Permanent Mission to the UN: 821 UN Plaza, 10th Fl., New York, NY 10017; (212)
949-0150; FAX (212) 949-0086
TURKMENISTAN
• Embassy: 2207 Massachusetts Ave., NW, Washington, D.C. 20008; (202) 588-1500;
FAX (202) 588-0697
• Permanent Mission to the UN: 866 UN Plaza, Suite 424, New York, NY 10017; (212)
486-8908; FAX (212) 486-2521
UGANDA, REPUBLIC OF
• Embassy: 5911 16th St. NW, Washington, D.C. 20011; (202) 726-7100/7101/7012;
FAX (202) 726-1727
• Permanent Mission to the UN: 336 East 45th St., New York, NY 10017; (212) 9490110/0111/0112/0113; FAX (212) 687-4517
UKRAINE
• Embassy: 3350 M St. NW, Washington, D.C. 20007; (202) 333-0606; FAX (202) 3330817
• Consulate – Chicago: 10 E. Huron St., Chicago, IL 60611; (312) 642-4388; FAX (312)
642-4385
• Consulate – New York: 240 E. 49th St., New York, NY 10017; (212) 371-5690; FAX
(212) 371-5547
• Permanent Mission to the UN: 220 East 51st Street, New York, NY 10022; (212) 7597003; FAX (212) 355-9455
UNITED ARAB EMIRATES
• Embassy: 1255 22nd St. NW, Suite 700, Washington, D.C. 20037; (202) 243-2400; FAX
(202) 243-2432
• Permanent Mission to the UN: 305 East 47th St., 7th Floor, New York, NY 10017; (212)
371-0480; FAX (212) 371-4923
UNITED KINGDOM OF GREAT BRITAIN & NORTHERN IRELAND
• Embassy: 3100 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 588-6500;
FAX (202) 588-7870
• Consulate – Los Angeles: 11766 Wilshire Bl., Suite 1200, Los Angeles, CA 90025; (310)
481-0031; FAX (310) 481-2960
• Consulate – San Francisco: 1 Sansome St., Suite 850, San Francisco, CA 94104; (415)
617-1300; FAX 415-434-2018
• Consulate – Denver: Suite 1030, World Trade Center, 1675 Broadway, Denver, CO
80202; (303) 592-5200
• Consulate – Miami: Brickell Bay Office, 1001 Brickell Bay Drive, Suite 2800, Miami, FL
33131; (305) 374-1522; FAX (305) 374-8196
• Consulate – Atlanta: Georgia Pacific Centre, 133 Peachtree St. N.E., Atlanta, GA
30303; (404) 954-7700; FAX (404) 954-7702
• Consulate – Chicago: 400 N. Michigan Av., 13th Floor, Chicago, IL 60611; (312) 9703800; FAX (312) 970-3852
• Consulate – New York: 845 3rd Ave., New York, NY 10022; (212) 745-0200; FAX (212)
754-3062
• Consulate – Seattle: 900 4th Ave., Suite 3001, Seattle, WA 98164; (206) 622-9255
• Permanent Mission to the UN: One Dag Hammarskjöld Plaza, 885 2nd Ave., New
York, NY 10017; (212) 745-9200; FAX (212) 745-9316
• Prisoners Abroad: 82 Rosebery Ave. London ECIR 4RR, 011-44-20-7561 6820; FAX
011-44-20-7561-6821
• Prisoners Abroad cares for the interests and welfare of British citizens detained overseas.

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URUGUAY
• Embassy: 1913 I St. NW, Washington, D.C. 20007; (202) 331-1313; FAX (202) 3318645; Consular Section: (202) 331-4219
• Consulate – Santa Monica: 429 Santa Monica Blvd., Suite 400, Santa Monica, CA
90401; (310) 394-5777; FAX (310) 394 5140
• Consulate – Miami: 1077 Pone De Leon Bldg., Coral Gables, FL 33134; (305) 4439764/7453; FAX (305) 443-7802
• Consulate – New York: 420 Madison Ave, 6th Fl., New York, NY 10017; (212) 753
8191/8192; FAX (212) 753 1603
• Permanent Mission to the UN: 886 UN Plaza, Suite 322, New York, NY 10017; (212)
752-8240; FAX (212) 593-0935
UZBEKISTAN, REPUBLIC OF
• Embassy: 1746 Massachusetts Ave. NW, Washington, D.C. 20036; (202) 887-5300;
FAX (202) 293-6804
• Consulate – New York: 801 Second Ave, 20th Floor, New York, NY 10017; (212) 7547403; FAX (212) 838-9812
• Permanent Mission to the UN: 866 UN Plaza, Suite 326, New York, NY 10017-7671;
(212) 486-4242; FAX (212) 486-7998
VENEZUELA
• Embassy: 1099 30th St. NW, Washington, D.C. 20007; (202) 342-2214; FAX (202) 3426820
• Consulate – San Francisco: 311 California Street, Suite 620, San Francisco, CA 94104;
(415) 955-1982/1987/1989/1970
• Consulate – Chicago: 20 N. Wacker Dr., Suite 1925, 19th fl., Chicago, IL 60606; (312)
236-9655/9659/7122
• Consulate – New Orleans: World Trade Center, 2 Canal St., Suite 2300, New Orleans,
LA 70130; (504) 524-6700/3284; (504) 522-7092
• Consulate – Boston: 545 Boylston St., 3rd Floor, Boston, MA 02116; (617) 2669475/9368; FAX (617) 266-2350
• Consulate – New York: 7 E. 51st St., New York, NY 10022; (212) 826-1660; FAX (212)
644-7471
• Consulate – Puerto Rico: Edf. Mercantil Plaza, PISO 6 Ponce De Leon Av., Suite 601,
Hato Rey, San Juan, Puerto Rico 00918; (787) 766-4250/4251/4255
• Consulate – Houston: 2925 Briar Park Dr., Suite 900, Houston, TX 77027; (713) 9740028/9002; FAX (713) 974-1413
• Permanent Mission to the UN: 335 East 46th St., New York, NY 10017; (212) 557-2055;
FAX (212) 557-3528
VIETNAM, SOCIALIST REPUBLIC OF
• Embassy: 1233 20th St. NW, Suite 400, Washington, D.C. 20036; (202) 861-0737; FAX
(202) 861-0917
• Consulate – San Francisco: 1700 California St., Suite 430, San Francisco, CA 94109;
(415) 922-1707; FAX (415) 922-1848
• Permanent Mission to the UN: 866 UN Plaza, Suite 435, New York, NY 10017; (212)
644-0594; (212) 644-5732
WESTERN SAMOA [SEE SAMOA]
YEMEN
• Embassy: 2600 Wyoming Ave, NW, Washington, D.C. 20008; (202) 965-4760; FAX
(202) 337-2017

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Permanent Mission to the UN: 413 East 51st St., New York, NY 10022; (212) 3551730/1731; FAX (212) 750-9613
YUGOSLAVIA, FORMER S.F. REPUBLIC OF [SEE SERBIA AND MONTENEGRO]
ZAIRE (SEE DEMOCRATIC REPUBLIC OF CONGO)
ZAMBIA, REPUBLIC OF
• Embassy: 2419 Massachusetts Ave. NW, Washington, D.C. 20008; (202) 2659717/9721
• Permanent Mission to the UN: 237 East 52nd Street, New York, NY 10022; (212) 8885770; FAX (212) 888-5213
ZIMBABWE, REPUBLIC OF
• Embassy: 1608 New Hampshire Ave. NW, Washington, D.C. 20009; (202) 332-7100;
FAX (202) 483-9326
• Permanent Mission to the UN: 128 East 56th St., New York, NY 10022; (212) 9809511/5084; FAX (212) 308-6705

 

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