Before entering the United States, immigrants need to be granted a status to legally reside in the country. This may include a green card to give them a legal status for a period of time. However, sometimes individuals in the country may face removal proceedings. If deportation becomes a reality, it can be scary for those involved. Not only is the individual being affected, but their family may suffer as well. Deportation can also lead to a three to five year bar that may prevent the individual from re-entering any time soon.
Can a removability waiver help?
There are certain procedures individuals can undergo to prevent deportation. This may include a request for a removability waiver. By requesting this waiver, you are asking the court for permission to remain in the country even if you have committed a removable violation. Individuals may face these situations for a variety of reasons. These situations can include illegal immigration, traffic or criminal charges, violations of visa conditions and overstaying the term of a visa. With this waiver in effect, it may be able to prevent your removal from the United States. It may be a cause for a reason to overlook the charges against you and allow you to remain in the country.
Does an arrest affect my status in the U.S.?
A criminal charge can affect an individual’s residency in the United States if they are not a citizen. If a non-citizen is arrested, they may be deported to their home country. As an imprisoned immigrant, this individual may be detained by the Immigration and Customs Enforcement office. This means that when the individual is bailed out of jail they can be sent to the ICE detention while authorities consider if they should be removed from the country. During these times, it is important to have an immigration attorney to work on your behalf. This can help provide you with the best opportunity to stay in the U.S. and avoid any removal proceedings. If you are trying to enter the United States, but have criminal charges against you, this can lead to a delay or a possible prevention in your visa process. However, with an inadmissibility waiver, it can grant you entry into the country despite the presence of inadmissible circumstances.
The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.