When a foreigner comes to the United States, they must have a certain status that allows them to do so. In order to keep this status, they are required to follow the country’s immigration laws. If a foreign individual breaks these laws, their status within the country may be jeopardized. Non-citizens who violate immigration laws can be removed from the country by deportation. Deportation is the process of removing a foreign individual from the United States in the event that they disobey immigration laws. This process is ordered by an immigration judge and enforced by the United States Immigration and Customs Enforcement.
What Can Affect my Immigration Status?
When a foreigner comes to the United States, they must do so legally and abide by the nation’s immigration laws. If they fail to do so, the could lose their status within the country as a result of 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 correct documentation or has fraudulent documentation.
- Visa Conditions: When an individual receives a visa, they must follow the requirements of the specific visa they were given. If that document expires, they may face removal proceedings. If their 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 possible deportation from the United States, you may request a waiver of inadmissibility. A waiver of inadmissibility can be used to prevent the removal process. In order to be eligible for a waiver, you are required to have lived in the country for at least 7 years. You also must not have committed an aggravated felony or be a threat to the nation. If convicted of an aggravated felony, it can be difficult to avoid deportation. To prevent being removed from the United States, you may have to prove you would be tortured if you returned to your origin country.
Extreme Hardship Waivers
Another method of protection against deportation is an extreme hardship waiver. This is also called a 601 waiver. An extreme hardship waiver states that if you returned to your native country, you would face extreme hardship. Examples of extreme hardships may include the following:
- 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 Offices of Salvatore A. Falletta, LLC. today.
Our firm understands how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.