Georgia Immigration

GA Immigration Explained

Georgia is home to approximately 1 million immigrants. These immigrants can fall into many different classifications, including undocumented, refugees, naturalized U.S. citizens, native-born citizens with at least one immigrant parent, immigrant workers, and Deferred Action for Childhood Arrivals, or DACA, recipients.

Immigration Definitions:

• Undocumented Immigrant – A person who lawfully or unlawfully entered the country and stays illegally. Undocumented immigrants are not authorized to work or receive public benefits and could face deportation proceedings.

• Lawful Permanent Resident – Holds a green card or has been granted permission to legally work and live in the U.S. on a permanent basis.

• Conditional Permanent Resident – Applies to a person whose green card is valid for two years. As a condition of their residency status, a petition must be filed within ninety days of expiration to become a permanent citizen.

• Immigrant Who is a Naturalized U.S. Citizen – People who were born in the U.S. or became a citizen after lawfully residing here for at least three years.

• DACA Recipient – Recipients are eligible individuals who were brought to the U.S. illegally as minors. They may file for a renewable two-year work permanent that allows them to stay in the country legally. However, it does not lead to citizenship.

• Asylee/Refugee – A person who has fled from war, persecution, or natural disaster (among other reasons) and has applied for asylum, or protection that includes permanent U.S. residency, within one year of arrival.

• Temporary Protected Status (TPS) – When citizens of designated countries are granted permission to live and work in the U.S. on a limited basis.

• Visa Recipients – Individuals who are in the country on a temporary visa. People who may apply for visas are students, fiancées, business visitors, tourists, and those granted temporary protection status.

  What is the USCIS?

  The U.S. Citizenship and Immigration Services (USCIS) oversees lawful immigration, fairly adjudicates requests for immigration benefits, and secures the homeland. There is one USCIS field office in the Atlanta, Georgia area. It handles a variety of immigration functions including form processing.

  Location:

  2150 Parklake Dr. NE
  Atlanta, GA 30345

  Hours: 7:00 a.m. – 3:30 p.m. (Monday – Friday)

  Appointment Information: If you wish to speak to an Immigration Services Officer, you must schedule an appointment.

  Immigration Scams and How to Avoid Them

  You should be aware of fraudulent emails stating you have been chosen for the Visa Lottery, emails offering jobs, and unaccredited colleges offering F-1 student visa sponsorship. When entering the Diversity Visa Program, participants are encouraged to read and follow the instructions that can be found on the U.S. Diversity Visa Lottery Page as the main way to avoid being scammed.

  Additionally, to avoid being a victim of immigration scams, do not send money to an individual to file immigration paperwork or reply to emails or phone calls asking for money. The USCIS will never accept PayPal or money orders and payments should be made through the USCIS website.

  If you are trying to become a U.S. citizen, facing detainment, or dealing with any other immigration-related issue in Georgia, you may want to contact an immigration attorney.

  An immigration attorney can do the following:

  • Help people obtain citizenship.

  • Defend people against deportation.

  • Provide legal advice for immigration issues.

GA Immigration Detention Center

There are three immigration detention centers in Georgia. These institutions are where illegal immigrants are held in detention for short periods while awaiting trial. The government typically places immigrants in detention centers when they are assumed to be a “flight risk” or a threat to public safety.

Georgia’s Immigration Detention Center Information

Atlanta City Detention Center

254 Peachtree Street

Southwest Atlanta, GA, 30303

Facility Hours:

8:30 a.m. – 3 p.m.

Visiting Hours
8:30 a.m. – 3 p.m. (Wednesdays and Sundays)

Attorneys and chaplains may visit at any time during facility
business hours.

Phone Number: 404-865-8099

If you need to get in touch with a detainee to leave an urgent message, you must call the above phone number. You will be directed to leave the detainee’s full name, alien registration number, and your own contact information. Your message will be given to the detainee.

Irwin County Detention Center

132 Cotton Drive
Ocilla, GA, 31774

Women and children are held at this immigrant detention center.

Facility Hours: 8 a.m. – 5 p.m. (Monday – Friday)

Visiting Hours: 1 p.m. – 5:00 p.m. (Males – Thursdays and Saturdays and Females -Fridays and Sundays)

Attorneys may visit at any time, even on holidays.

Phone Number: 229-468-4121

If you need to get in touch with a detainee to leave an urgent message, you must call 404-893-1210. You will be directed to leave the detainee’s full name, alien registration number, and your own contact information. Your message will be given to the detainee.

Stewart Detention Center

146 CCA Road
Lumpkin, GA, 31815

Stewart Detention Center houses adult male immigrants.

Facility Hours:
8 a.m. – 2 p.m. (Monday – Thursday),
8 a.m. – 6:30 p.m. (Friday – Sunday)

Visiting Hours:
8 a.m. – 4 p.m. (Monday – Thursday, but no visitors will be processed after 2:30 p.m.) and
8 a.m. – 8 p.m. (Friday – Sunday, but no visitors will be processed after 6:30 p.m.)

Includes all holidays.

Attorney Visitation:
8 a.m. – 5 p.m. (Monday – Friday) and
3:30 p.m. – 7:30 p.m. (Saturday – Sunday)

Phone Number: 229-838-5000

To leave a detainee an urgent message, you must call the above number and leave the detainee’s full name, alien registration number, and your contact information. The detainee will be given your message.

Folkston ICE Processing Center

3026 GA-252
Folkston, GA 31537

Phone Number: (912) 496-6905

Steps to Take If Someone You Know Has Been Detained

1. Find the person’s location by using the ICE Detainee Locator website.
2. Call their deportation officer.
3. Hire an experienced immigration attorney.
4. Research all options for relief before deportation proceedings begin.

Immigration Courts in Georgia

There are two courts in Georgia where immigration hearings are conducted.

Atlanta Immigration Court

Main Atlanta Location:

180 Ted Turner Drive SW, Suite 241
Atlanta, GA 30303

Main Atlanta Location Phone Number: 404-331-0907

Atlanta Annex Location:

Peachtree Summit Federal Building, Floor 26
401 West Peachtree St. NW
Atlanta, GA 30308

Atlanta Annex Phone Number: 404-554-9400

Hours (for Both): 8 a.m. – 4 p.m.

The Presiding Judges are:

• Michael Baird
• William A. Cassidy
• Scott D. Criss
• John M. Gillies
• Wayne K. House Jr.
• J. Dan Pelletier
• Gwendylan Tregerman
• Earle Wilson

Stewart Immigration Court

Stewart Immigration Court is located inside of Stewart Detention Facility.

Location:

146 CCA Road
P.O. Box 248
Lumpkin, GA 31815

Phone Number: 229-838-1320

Hours: 8 a.m. – 4 p.m.

The presiding judges are:

• Dan Trimble
• Njeri B. Maldonado

What happens at immigration court hearings?

Notice to Appear – To begin deportation proceedings, a suspected illegal immigrant must be served with the legal document The Notice to Appear.

Master Hearing – The respondent will enter a plea for the allegations and apply for removal relief.

Merits/Individual Hearing – Where the accused may present evidence, testify to support their application, and call witnesses to testify on their behalf. When the hearing concludes, the judge will decide if they may stay or whether they will be deported.

Georgia HB 87

In 2011, the anti-illegal immigration bill, Georgia HB 87, required businesses that had more than ten employees to E-Verify each employee. This helped businesses in populated areas like Atlanta, GA avoid inadvertently hiring those who enter the country illegally.

Typically, people from foreign countries utilize a United States immigrant visa approval process to obtain permission to legally enter the U.S. Immigrant visas, which are limited by quotas, are available for individuals who want to become employed and remain in the country.

Tourists, high school and college students, and those visiting temporarily for business purposes can obtain non-immigrant visas. Individuals attempting to adjust their immigration status should contact a skilled lawyer to help with the I-485 form that begins the process.

GA Immigration Law HB 87

Now, GA immigration law HB 87 requires all employers and businesses of all sizes to verify the authorization to work of existing workers, as well as their new hires using E-Verify. It is a crime for people to use fake identification documents to seek or obtain employment in Georgia. Violators face severe penalties that may include prison time and fines.

If you are facing serious immigration issues, legal counsel should be retained.

Illegal Immigration In Georgia

Illegal immigration in Georgia is a serious issue. Along with federal laws, Georgia state laws have been created to guide how people enter the country, how long they stay, and how those interested in becoming citizens of the United States are naturalized.

They also address immigration cases where foreign nationals enter the country without permission, stay longer than permitted, or are otherwise stripped of their legal status. These laws, in such instances, oversee the detention and removal proceedings of these people.

Immigration laws in Georgia allow law enforcement officers to verify the immigration status of individuals that are unable to provide an acceptable means of identification upon request. This has always been a bit controversial. According to the law, although police officers can question people during a traffic stop, they should not demand identification from crime victims or witnesses.

Within his first week as president, Donald Trump issued an executive order addressing immigration enforcement issues as well as the use of state and local law enforcement. Among other things, the order would withhold funds from sanctuary jurisdictions.

Although it is hard to define them, sanctuary jurisdictions include cities, counties, and states that have adopted policies to limit cooperation with federal immigration enforcement. Sanctuary policies take many forms and are based on the idea that federal authorities can’t compel jurisdictions to be involved in immigration enforcement.

Georgia Illegal Immigration Law

Primarily, the Georgia illegal immigration laws follow the federal laws. The U.S. Constitution, the Immigration and Nationality Act (INA), and other relevant laws in Title 8 of the United States Code deem Congress as having the exclusive right to engage in legislation over immigration issues. Georgia and a few other states passed laws that enable the local police to investigate the immigration status of any suspected illegal individuals. This is a subject of some controversy.

Plus, although the federal government enacts all immigration laws and thus holds the exclusive authority to grant green cards, immigrant visas, and citizenships, there are state-created laws that guide some state activities concerning immigration. These are meant to oversee education, employment, licensing, and other state benefits. Many of these laws have been tagged as an infringement upon the immigration duties of the federal government.

If you find yourself at the effect of suspicious immigration enforcement actions in Atlanta, GA, it is vitally important that you immediately contact a reputable attorney.

Georgia Anti-immigration Law Discrepancies

Since federal authorities are generally responsible for immigration matters, it is surprising to see more Georgia anti-immigration law enforcement officials involved in investigating or pursuing suspected immigration-related offenders.

Additionally, a federal program tagged “Secure Communities” holds that every person arrested must be fingerprinted and run through a database of valid immigration statuses. In spite of this, there are plans by some states to pass legislation allowing state and local governments to “opt-out” of such arrangements.

With increasing variations between federal and state immigration law guidelines, it is necessary that a knowledgeable attorney provide clarification if you find yourself in the hands of the authorities.