Navigating U.S. Immigration Law: Essential Insights

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Know Your Rights at the Border

Know Your Rights at the Border

January 22, 20232 min read

QUESTIONING AT THE BORDER

At the US border, federal law authorizes government agents to ask you any number of questions for any length of time. Their questions may relate to your immigration status, the nature and length of your stay in the US, and any items you may be carrying into the country. During this questioning at the border, you always have a right to remain silent. However, if you refuse to answer their questions, they will likely deny you entry into the US. You do not have a right to have an attorney present during this questioning.

SEARCHES AT THE BORDER

Government agents at the border may legally search your property, including your luggage and your vehicle, in order to verify whether you are carrying any dangerous or illegal items into the US. Border agents do not need a warrant or probable cause for routine searches at the border. While routine searches don’t need to be based on any suspicion of criminal activity and don’t require your consent, more invasive searches do need to be justified. If the border agents find any evidence of a crime during their searches, they are allowed to take that property away from you.

Further, government agents at the border may search your electronic devices, including phones, cameras, and computers, without having any suspicion of wrongdoing. Generally, they must do so in front of you and their supervisor. You may refuse to give them your password for your devices, but doing so will likely lead to further questioning. They may NOT delete or alter any information on your devices during the search.

DETAINED AT THE BORDER

If the agents detain you at the border due to your immigration status, you have a right to remain silent and consult with an attorney. The government may not use your silence against you in court. However, if you choose to remain silent and speak to an attorney, you will have to find and pay for your own legal counsel.

If government agents detain you at the border due to suspicion of having committed a crime, you also have a right to remain silent and speak to an attorney.  If the government files criminal charges against you, and you can’t afford an attorney, the government will provide you with a lawyer at no cost to you. You should not sign anything government officials give you before you speak to an attorney. Law enforcement is legally allowed to lie to you in order to investigate their suspicions that you committed a crime. Anything you say to them can and will be used against you in a court of law. In order to protect your rights, remain silent and exercise your right to speak to an attorney.

Finally, if you are detained at the border, you have a right to make a phone call to a family member.

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Immigration processes are complex, but we make it simple by guiding you every step of the way.

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Why Choose Us?

At Gorostiaga Law Firm, we’re more than just attorneys—we’re dedicated advocates in the complex world of U.S. immigration. With extensive experience, a strong track record, and a personal approach, we deliver solutions tailored to your needs, from family sponsorships to employment visas and asylum cases.

Our multilingual team ensures clear communication and support in English, Spanish, Portuguese, Hindi, and Gujarati.

Proven Expertise in U.S. Immigration:

Our firm brings extensive experience in immigration law and is up-to-date with the latest regulations.

Why Choose Us?

At Gorostiaga Law Firm, we’re more than just attorneys—we’re dedicated advocates in the complex world of U.S. immigration. With extensive experience, a strong track record, and a personal approach, we deliver solutions tailored to your needs, from family sponsorships to employment visas and asylum cases.

Proven Expertise in U.S. Immigration:

Our firm brings extensive experience in immigration law and is up-to-date with the latest regulations.

Comprehensive Case Management:

From start to finish, we handle all paperwork, deadlines, communication with U.S. immigration authorities.

Transparent

and

Clear Guidance:

Immigration processes are complex, but we make it simple by guiding you every step of the way.

Expert Guidance for Immigration Success:

At Gorostiaga Law Firm, we go beyond paperwork, taking time to understand your story, needs, and goals.

PRACTICE AREAS

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our clients. Contact us today to see how we can assist you with your legal needs.

Family Immigration

At Gorostiaga Law, we specialize in bringing families together through comprehensive immigration services. From visas to green cards, we provide compassionate guidance to ensure a smooth journey for you and your loved ones.

Business Immigration

Our firm supports businesses in navigating the complexities of immigration law. We help secure work visas and employment-based green cards, facilitating the growth and success of your enterprise in the U.S.

The Immigration Process Explained

Immigration Law in the U.S.

Navigating the Complexities of U.S. Immigration

Immigration law in the United States governs the process by which individuals can enter, stay, and become citizens. It encompasses a variety of pathways, including family-sponsored immigration, employment-based visas, asylum claims, and naturalization processes. The legal landscape is complex and constantly evolving, requiring expertise to navigate effectively.

At Gorostiaga Law, we provide tailored legal guidance to help individuals and families understand their rights and options, ensuring compliance with all applicable regulations and facilitating a smoother immigration journey.

For more detailed insights, please contact us or explore our services.

ABOUT US

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Founded on principles of dedication, integrity, and compassion, Gorostiaga Law is committed to providing top-tier immigration and civil law services across New York, New Jersey, and Pennsylvania.

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Testimonials

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- Maria Jose Meneses Meza

"I would recommend all my friends and family to Gorostiaga Law. Virginia is effortless at what she does and genuine lawyer who does things the right way from day one. Thank you for all your time you put on my case Virginia. Take care and hopefully I come back to seek for your legal advise soon."

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Frequently Asked Questions

What services does Gorostiaga Law provide?

Gorostiaga Law specializes in immigration law, offering services such as family immigration, business immigration, naturalization, and civil litigation. Our dedicated team provides personalized support to navigate the complexities of the immigration process. We strive to ensure our clients achieve their legal goals efficiently and effectively.

How can I schedule a consultation?

You can schedule a consultation by visiting our website and filling out the contact form. Alternatively, you can call our office directly to speak with a member of our team. We are here to assist you in setting up a convenient appointment.

What should I bring to my consultation?

During your consultation, please bring relevant documents such as your passport, visa, and any immigration paperwork you have. This information will help us better understand your case and provide tailored advice. If applicable, bring any additional documentation related to your family or business immigration needs.

How long does the immigration process take?

The duration of the immigration process varies based on the specific type of application and the current workload of immigration authorities. Our team will provide you with an estimated timeline during your consultation, considering your unique circumstances. We aim to keep you informed and updated throughout the entire process.

Do you offer services in multiple languages?

Yes, our team at Gorostiaga Law is multilingual and can assist clients in English, Spanish, Portuguese, Hindi, and Gujarati. We believe that clear communication is crucial for a successful legal experience. Our goal is to ensure that all clients feel comfortable and fully understand the legal process.

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