In order for a foreign individual to live in the United States, they must maintain a certain status. This requires them to abide by the country’s immigration laws that allow them to remain within the country. If these laws are violated, their status within the country may be affected. Individuals who disobey immigration laws can be removed from the country by deportation if they overstay their visa period or commit a crime of moral turpitude. Deportation is the formal process of removing a foreign individual from the United States if they are found breaching immigration laws. The removal process can be ordered by an immigration judge and imposed by the United States Immigration and Customs Enforcement.
What Can Affect my Immigration Status?
When a foreign individual comes to the United States, they must have a legal status and abide by all the country’s immigration laws. If they fail to do so, their status in the country may be jeopardized by their actions. There are many ways an individual may do this:
- 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. For example, if a student is no longer receiving an education or if an individual loses their job, they must adjust their visa status. Those who do not follow the conditions of their visa may be deported.
- Crimes of Moral Turpitude: These are 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 (e.g., robberies, abuse, driving under the influence).
- Aggravated Felonies: These are crimes such as murder, rape, drug or firearms trafficking, sexual abuse of a minor, money laundering, fraud or tax evasion involving more than $10,000, espionage, sabotage, treason, and many more.
Waivers of Inadmissibility
If a person is faced with the possibility of being removed from the United States, they may be able to request a waiver of inadmissibility. A waiver of inadmissibility may be used to get past or prevent the removal process. If the individual is working towards becoming approved for a Green Card, they may also be able to receive a waiver of inadmissibility.
Foreign individuals within the United States are able to apply for a waiver in the event of a crime of moral turpitude. In order to apply for the waiver, the individual must have lived in the country for a minimum of 7 years. They also must not have been involved in any aggravated felonies of or be a threat to the country. If a person was convicted of an aggravated felony, it may be very hard for them to avoid being deported. They may be required to prove they would be tortured if they went back to their native country in order to prevent removal.
Contact our Firm
If you may be facing removal proceedings and deportation, contact the Law Office of Cheryl R. David today.
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.