This page is general information, not legal advice. Talk to an immigration attorney or a DOJ accredited representative about your own case. Free help is on Free legal help in the Bay Area.
Why do two years matter?
Federal law lets immigration officers deport some people quickly, without a hearing before a judge. This is called expedited removal. It can be used on a person who was not admitted or paroled into the U.S. and who has not shown an officer that they have been here continuously for the last two years.
In January 2025, the government said it would use this process anywhere in the country, not only near the border. A federal court paused that from August 29, 2025. On June 23, 2026, the appeals court in Washington, D.C. lifted the order that had paused the expansion, so the expansion is in effect now. The same court issued a later order on July 17, 2026. The people who sued asked the full appeals court to rehear the case on July 27, 2026. When we checked on October 21, 2026, we found no ruling on that request. The law here is still moving. Check with a legal clinic for the latest.
The burden is on you. The government's notice says the person must show the two years "to the satisfaction of an immigration officer." That is why papers matter.
If you are afraid to go back to your country, say so out loud. The law sends people who say they fear persecution or want asylum to an asylum officer instead of straight to removal.
Does this apply to me?
It depends on how you came in and how long you have been here. Under the 2025 notice:
| Your situation | Can expedited removal be used? |
|---|---|
| You crossed without being inspected, and you have been here less than 2 years | Yes, anywhere in the U.S. |
| You crossed without being inspected, and you can prove 2 years or more | Not under this rule. Your papers are what prove it. |
| You were admitted (for example with a visa) or paroled | This part of the law covers people who were not admitted or paroled. Keep your I-94 or parole paper. |
| You have a green card, DACA, TPS or a pending case | Different rules apply. Keep copies of your papers and see What if I came in with a visa, parole or a pending case? |
This is a general summary, not advice about your case. Ask a lawyer or DOJ accredited representative which row fits you.
Which papers show I have been here?
Pick papers that show your name, a date, and that you were in the U.S. Spread them out over time, so together they cover at least the last two years. A few from each year is stronger than many from one month.
Good choices, as legal groups suggest:
- School records for you or your children
- Medical or dental visit papers, clinic cards or vaccine records
- A lease, rent receipts or a letter from your landlord
- Utility, phone or internet bills
- Paystubs or tax returns, but only if they were filed with your own real ITIN or Social Security number
- Bank statements or money transfer receipts
- Letters and other mail sent to you at a U.S. address
- Church, community group or class records with your name and a date
- Photos with a date stamp taken in places that are clearly in the U.S.
Should I carry papers or keep them at home?
Carry copies, not originals. Officers can take what you have with you. Keep the originals at home, in one folder, where a trusted person can find them fast.
Make a second set of copies and give it to a trusted family member or friend. If you are detained, they can bring the papers to your lawyer.
Leave out papers that say where you were born. Legal groups advise against carrying papers that show your birth country, like a foreign passport or birth certificate, unless you need them to show you entered legally or have status. Keep those at home and show them to your lawyer.
Never carry anything false. No fake papers, and no papers with wrong information. Using them can make your case much worse.
What if I came in with a visa, parole or a pending case?
Different papers help you. Keep copies of the ones that apply:
- Your I-94 record, a parole paper, or a passport page with a visa or entry stamp
- A work permit
- A USCIS receipt notice for a case you filed, or an approval notice
- A Notice to Appear or a hearing notice with a future date
These show you are in a legal process. Talk with a lawyer about which ones to carry.
What does a good folder look like?
Example (fictional). Marta came to California in March 2023 and lives in Redwood City. In October 2026 she builds her folder:
- 2023: a clinic visit paper from May 2023 and a phone bill from August 2023
- 2024: her son's school enrollment letter, two rent receipts and a money transfer receipt
- 2025: a lease renewal, a pay stub from a job where she used her own real ITIN, and a church class sign in sheet with her name and date
- 2026: a utility bill and a dated letter mailed to her address
She makes two sets of copies. One goes in her bag. One goes to her sister. The originals stay in a folder at home. She leaves her birth certificate in the home folder, not in her bag.
Marta's papers cover every year since she arrived, with a few from each year. That is what makes proof strong. This example shows the idea. It does not promise how an officer will decide.
What should I do with the folder?
- Add to it every month. Keep one new paper with a date, like a bill or a paystub.
- Write a one page list of what is inside, by year.
- Tell one trusted adult where the folder is. Put it in your family preparedness plan.
- Carry your red card too. Papers help you prove time here. Your rights card helps you stay silent and ask for a lawyer.
Who can help?
Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.
- Community Legal Services in East Palo Alto: 650-326-6440
- Rapid response lines if agents are near you: for Santa Clara County, (408) 290-1144; for San Mateo County, (203) 666-4472, open 24 hours
- Anywhere in California: the statewide rapid response hotline list (CCIJ), and the state's map of free immigration legal services, or call (916) 651-8017
- More groups on Free legal help in the Bay Area
Only an attorney or a DOJ accredited representative may give you legal advice. See Warning signs of an immigration scam.
Is there a checklist I can print?
Two year proof checklist
Papers that show I have lived here (copies only in my wallet or bag)
- From 2 years ago or more: ______________________
- From last year: ______________________
- From this year: ______________________
- Each paper shows my name, a date and a U.S. place
Good papers to look for
- School records (mine or my children's)
- Doctor, clinic or vaccine papers
- Lease, rent receipts or landlord letter
- Utility, phone or internet bills
- Paystubs or tax returns filed with my own real ITIN or SSN
- Bank or money transfer receipts
- Church or class records
- Mail sent to me at a U.S. address
- Dated photos taken in clear U.S. places
Keep at home, not in my wallet
- Originals of everything above
- Foreign passport, birth certificate or other papers that show my birth country
- Second set of copies given to: ______________________
Never
- No false papers. No papers with wrong information.
I am afraid to return to my country: say it out loud and ask for a lawyer.
From Proof of Two Years. Facts checked October 21, 2026. Free information, not legal or medical advice.
Sources
- 8 U.S.C. 1225, expedited removal (Cornell LII) checked October 18, 2026
- Federal Register, Designating Aliens for Expedited Removal, 90 FR 8139 (January 24, 2025) checked October 21, 2026
- ACLU of D.C., Make the Road New York v. Huffman (Mullin) case page checked October 21, 2026
- U.S. Court of Appeals for the D.C. Circuit, Make the Road New York v. Mullin, No. 25-5320, opinion of June 23, 2026 checked October 21, 2026
- order of July 17, 2026 (copy posted by AILA) checked October 21, 2026
- 8 U.S.C. 1304(e), carrying registration documents (Cornell LII) checked October 19, 2026
- Immigrant Legal Resource Center, Expedited Removal Toolkit (February 2025; practical tips only) checked October 18, 2026
- County of Santa Clara, rapid response hotline (and Faith in Action Bay Area page for San Mateo County) checked October 18, 2026
- Community Legal Services in East Palo Alto, Services checked October 18, 2026
- California Collaborative for Immigrant Justice, statewide rapid response hotlines checked October 21, 2026
- California Department of Social Services, immigration legal services map checked October 21, 2026
