In order for a foreigner to enter the United States, they must maintain a certain status. In order to keep this status, they are required to follow the country’s immigration laws. If these laws are broken, their status within the country can be subject to change. Individuals who violate immigration laws can be removed from the country through deportation. Deportation is the process of removing a foreign individual from the country if they disobey immigration laws. This process can be ordered by an immigration judge and enforced by the United States Immigration and Customs Enforcement.
What Can Affect my Immigration Status?
When an individual comes to the United States, they must do so legally and abide by the country’s immigration laws. If they do not do this, their status may be jeopardized by their actions. There are several ways an individual can threaten their status in the country:
- Unlawful Entry: If an individual is in the country without the proper documentation or has fraudulent documentation.
- Visa Conditions: When a person receives a visa, they must follow the requirements of the specific visa they were given. If that visa expires, they may face removal proceedings. If an individual’s status in the country changes, they are required to update their visa to reflect it.
- Crimes of Moral Turpitude: Crimes committed that show an individual’s bad character. This may consist of fraud, larceny, theft, or any crime with the intention to harm another person.
- Aggravated Felonies: Crimes such as murder, rape, drug or firearms trafficking, sexual abuse of a minor, money laundering, fraud or tax evasion, espionage, sabotage, treason, and more.
Waivers of Inadmissibility
If you are faced with removal from the United States, you may request a waiver of inadmissibility. A waiver of inadmissibility may be used to prevent the removal process. To be eligible for a waiver, you must have lived in the country for a minimum of 7 years. You must not have committed an aggravated felony of or be a threat to the country. If you were convicted of an aggravated felony, it can be difficult to avoid deportation. In order to prevent removal, you may have to prove you would be tortured if you went back to your native country.
Extreme Hardship Waivers
Another method of protection against deportation is an extreme hardship waiver. This is also called a 601 waiver. This form states that you returned to your native country, you would face extreme hardship. Examples of extreme hardships are as follows:
- A parent/spouse depends on you for medical care
- A parent/spouse depends on you for financial reasons
- A parent/spouse needs your help to pay their financial debts in the country
- A parent/spouse needs your help to care for a sick family member
Contact our Firm
If you may be facing removal proceedings and deportation, contact the Law Office of Christopher T. Howell, Esq. today.