Immigrating to the U.S. comes with opportunities and challenges, but knowing your rights is essential. Whether you are documented or undocumented, federal and state laws provide protections in key areas. These areas include employment, healthcare, financial access, and discrimination. Understanding immigrant rights in the U.S. is not just about staying compliant with the law. It’s about ensuring a stable and secure life in a new country.
Many struggle with barriers such as the inability to open a bank account or fear of deportation for minor violations. There is also the worry of difficulty accessing fair wages. Yet, U.S. laws provide strong legal protections that ensure immigrants can access basic rights without fear. Regardless of status. The more you know about your protections, the better you can handle challenges and make informed decisions.
Queens, NY, home to one of the most diverse immigrant populations in the country, reflects many of these challenges. With thousands of immigrants working in essential industries, it is critical to be informed about your rights. Queens Immigration Attorney helps you have accurate and up-to-date information that can prevent costly mistakes.
Key Statistics
- Immigrants make up 17% of the U.S. workforce.
- An estimated 11.3 million people in the U.S. lack legal status.
- The U.S. banking system allows non-citizens to open accounts with an ITIN and a valid ID.
- The federal minimum wage is $7.25 per hour, but some states require higher pay.
- Employers with at least 4 employees cannot discriminate based on immigration status.
- State and local laws in some areas provide stronger workplace protections for immigrants than federal laws.
How Immigrant Rights in the U.S. Affects Banking and Credit Access
Financial stability is a key concern for immigrants, especially when it comes to understanding immigrant rights in the U.S. Since access to banking, credit, loans, and financial aid directly impacts their ability to build a secure future. The U.S. financial system can be complex, and many immigrants face barriers. These include lack of Social Security Numbers (SSN), limited credit history, and confusion over tax obligations. However, U.S. laws provide financial rights and options that help immigrants establish themselves economically.
Banking Options for Non-Citizens
Opening a bank account is often one of the first steps toward financial security in the U.S. While some banks require an SSN, many allow non-citizens to open accounts. By using an Individual Taxpayer Identification Number (ITIN), a passport, or a foreign government-issued ID.
Key Facts About Immigrant Banking Rights:
- ITINs allow non-citizens to open accounts at many U.S. banks.
- Some banks accept foreign passports and consular IDs instead of an SSN.
- Immigrants can use banks to avoid high remittance fees from alternative money services.
- Access to online banking makes financial management easier for immigrants without a local banking history.
Building Credit as an Immigrant
A strong credit history is essential for renting an apartment, buying a home, getting a car loan, and even securing a job. Immigrants without an SSN often struggle with credit access, but options exist to build a U.S. credit profile. This is a key factor in protecting immigrant rights in the U.S.
How Immigrants Can Build Credit Without an SSN:
- Secured credit cards require a cash deposit and help build a credit history.
- Some credit bureaus accept rent and utility payments to establish credit scores.
- Credit-builder loans allow immigrants to establish creditworthiness through small, structured loan payments.
- ITIN-based credit products help non-citizens access financing options.
Access to Loans and Mortgages
Despite common misconceptions, immigrants even those without citizenship can qualify for loans, mortgages, and business financing. Many lenders offer specialized financial products tailored to non-citizen borrowers.
Loan Options for Immigrants:
- ITIN mortgages allow non-citizens to buy homes without an SSN.
- Personal loans are available for immigrants with alternative credit histories.
- Small Business Administration (SBA) loans help immigrant entrepreneurs access capital.
Financial institutions increasingly recognize the economic contributions of immigrants. They offer inclusive loan programs to support their financial growth. With over 17% of the U.S. workforce consisting of immigrants, providing access to credit benefits both immigrants and the economy.
Tax Responsibilities for Immigrants
Immigrants, regardless of legal status are required to pay taxes on income earned in the U.S. It is a crucial step in upholding immigrant rights in the U.S. Filing taxes ensures compliance with the law and strengthens immigration cases, such as green card applications.
Key Tax Facts for Immigrants:
- The IRS issues ITINs to non-citizens for tax purposes.
- Paying taxes can help prove “good moral character” for immigration applications.
- Filing taxes on time prevents legal complications and penalties.
- Some immigrants qualify for FICA tax refunds depending on their visa status.
Government Benefits and Financial Aid
Undocumented immigrants do not qualify for most federal benefits. However, several programs provide financial assistance for eligible immigrants.
Programs That Support Immigrants Financially:
- Emergency Medicaid covers urgent medical care for undocumented individuals.
- WIC and SNAP provide food assistance for low-income immigrant families.
- Some states offer financial aid for college students, regardless of status.
How Immigrants Unknowingly Risk Violating U.S. Laws
Many immigrants in the U.S. unknowingly violate immigration laws, sometimes with life-altering consequences. Even minor infractions, technical errors, or misunderstandings of legal requirements can lead to deportation, visa denials, or bans on re-entry. Some violations stem from misfiled paperwork or missed deadlines. Others arise from seemingly harmless activities like working without proper authorization or misunderstanding eligibility for benefits.
Unintentional Immigration Violations
Many immigrants are unaware that even small technical violations can jeopardize their legal status and their immigrant rights in the U.S. Some of the most common unintentional infractions include:
- Overstaying a visa: Even a 1 day overstay can lead to penalties, including future visa denials. If an immigrant remains unlawfully in the U.S. for 180 days to 1 year, they may face a 3-year re-entry ban. Overstaying for more than a year results in a 10-year ban.
- Failing to update USCIS with a new address: Immigrants are legally required to report a change of address to USCIS within 10 days of moving. Failure to do so can result in visa revocation or removal proceedings.
- Working without authorization: Even freelance or under-the-table jobs can count as unauthorized employment. A single violation can lead to visa cancellation, ineligibility for future visas, or deportation.
Common Legal Mistakes
Many immigrants unknowingly commit violations that can have severe immigration consequences. These seemingly minor mistakes can trigger removal proceedings, visa denials, or permanent bans:
- Registering to vote: In many states, driver’s license applications include a voter registration option. Some immigrants mistakenly check the box and register, which is a deportable offense. Between 2008 and 2021, the Secure Communities program led to deportations, many of which were linked to unintentional offenses.
- Claiming U.S. citizenship on forms: Checking the “U.S. Citizen” box on any official government document. This can permanently bar an immigrant from ever obtaining legal status.
- Driving without a license: Some states allow undocumented immigrants to obtain a driver’s license. Others criminalize unlicensed driving, leading to arrests and immigration consequences. A single traffic stop in certain states could result in ICE detention.
Unexpected Reasons Immigrants Face Deportation
Deportation is not limited to those who entered illegally or overstayed their visas. Many immigrants who legally reside in the U.S. still face removal for reasons they never expected. Despite their immigrant rights in the U.S. being legally protected.
- Failure to file taxes: The IRS requires all U.S. residents, including non-citizens, to file taxes. Failing to do so can affect immigration status and even trigger deportation proceedings.
- Public charge concerns: Immigrants who rely on certain government benefits may be flagged as a “public charge.” Making them ineligible for green cards or visas. Many immigrants mistakenly apply for benefits they do not qualify for, putting their status at risk.
- Criminal convictions: Even minor offenses such as shoplifting or disorderly conduct can lead to deportation.
Protecting Yourself from Immigration Scams
Immigrants are often targeted by scams, especially from unlicensed legal practitioners offering fraudulent services. Falling for an immigration scam can lead to missed deadlines, deportation, or financial loss.
- Avoid “notarios”: In many Latin American countries, a notario público is a licensed legal professional. However, in the U.S., they are not authorized to provide immigration legal services.
- Verify attorneys’ credentials: Always check an attorney’s standing with the American Immigration Lawyers Association (AILA) before hiring them.
- Beware of “guarantees”: No immigration attorney can guarantee a visa approval or an outcome in court.
Don’t fall victim to immigration scams. Find out how to stay safe in our latest article.
Legal Help for Immigration Issues
If you are facing an immigration issue, consulting a trusted immigration attorney is critical. Many immigrants in Queens, NY, have found legal support through local resources. A Queens immigration attorney can help handle legal grey areas. Preventing accidental violations and protecting your rights under U.S. law.
How Federal and State Laws Differ in Protecting Immigrant Rights in the U.S.
The U.S. legal system provides multiple layers of protection for immigrant workers, ensuring that immigrant rights in the U.S. are safeguarded. However, these protections vary between federal and state laws. At the federal level, all workers regardless of their immigration status are protected under employment laws. However, some states offer additional protections, particularly for undocumented workers.
State vs. Federal Labor Rights for Immigrants
At the federal level, three key laws protect all workers, including immigrants:
- Fair Labor Standards Act (FLSA): Ensures workers receive minimum wage and overtime pay. As of 2024, the federal minimum wage is $7.25 per hour. However, many states require higher wages.
- Occupational Safety and Health Act (OSHA): Requires employers to maintain safe and healthy workplaces. Immigrants, including temporary and undocumented workers, have the right to file safety complaints without fear of retaliation.
- Equal Employment Opportunity Commission (EEOC) Regulations: Prevent discrimination based on national origin, immigration status, or citizenship during hiring, employment, and termination.
However, state laws differ significantly in the level of protection they offer.
Stronger State Protections for Immigrant Workers
Some states, like New York and California, have stronger protections for immigrant workers than federal law requires:
- New York State Human Rights Law explicitly prohibits discrimination based on citizenship or immigration status in employment.
- California Labor Code extends workplace protections to undocumented workers. Ensuring the right to fair wages and workplace safety, regardless of legal status.
- Some states, such as Illinois and Washington, prevent employers from retaliating against immigrant workers who file complaints.
How to Report Workplace Violations?
If an immigrant worker faces discrimination, unsafe conditions, or wage theft, they have several options for reporting violations. Reports can be made to:
- Equal Employment Opportunity Commission (EEOC): Handles workplace discrimination complaints, including those based on national origin or citizenship.
- State Labor Boards: In states like New York and California, immigrant workers can file labor complaints even if they are undocumented.
Your Rights Are Your Strength; Take Action Now
As an immigrant, it is essential to know that you have immigrant rights in the U.S., no matter your status. This knowledge is your greatest protection. Many immigrants live in fear of financial instability and exploitation because they lack access to accurate legal guidance.
Employers, landlords, and financial institutions may take advantage of misinformation to deny immigrants their lawful rights. A Queens immigration attorney can provide the legal advice you need to protect your future. Book a free consultation now!
