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630-932-9100
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Mevorah Law Offices LLC
630-932-9100
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Subscribe to this list via RSS Blog posts tagged in unlawful presence waivers

Posted on in Immigration

Chicago immigration lawyers, immigration law, deportation, waiver of inadmissibility, unlawful presence waiversBeing deported can put a person’s entire life on hold. If it happens to you, you have every right to want to return as quickly as possible. However, depending on your situation, you may not be able to do so without waiting a very long time, if you want to do so legally. Before putting the process in motion to return to the U.S., it is a good idea to learn if it would even be possible, and how long it might take.

Bars and Waivers

If you or a loved one have been deported, it is because you were found to be in violation of some provision of U.S. immigration law, most often the Immigration & Nationality Act. Depending on the nature of the offense, immigrants who are deported are subject to what are called bars, which last either five, ten or twenty years. In rare cases, there is a permanent bar, but that tends to be reserved for those who commit offenses like entering the country without inspection (unlawful entry) after being deported, given the rationale that the consequences of such an act were already spelled out for those people. Normally, a deportee must wait this time out; however, he or she may be eligible for a waiver of the offense in certain circumstances.

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Posted on in Immigration

DACA recipients, Chicago immigration lawyers, unlawful presence waivers, lawful permanent residents, immigration lawAfter the announcement that the Deferred Action for Childhood Arrivals (DACA) program will be phased out after six months, 800,000 people from all walks of life are faced with questions. One group that has often been overlooked is the approximately 2,700 DACA recipients who are either serving or have signed contracts to serve in the United States military. Their situation is just as precarious as the others’, but they have arguably been betrayed more fully.

The MAVNI Program

Instituted under President Obama in 2009, the Military Accessions Vital to the National Interest (MAVNI) program recruits immigrants with legal status (which DACA recipients do have) who are held to possess vital skills useful to the U.S. military, such as languages, nursing or physician’s abilities, or knowledge of mission terrain. More than 10,000 people have been recruited for the program, and to lose one-tenth of its personnel at once would be a significant issue for MAVNI and for the Armed Forces as a whole.

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Posted on in Immigration

b2ap3_thumbnail_entry-without-inspection-Chicago.jpgWhen someone seeks to enter the United States, he or she almost always does so with inspection—that is, at a mandated border checkpoint, bearing the correct entry document (and visa, if necessary). However, for some, this is not an option for a variety of reasons. Some are not even aware that they are committing an immigration infraction. Given the stated goals of the incoming administration, it is a good idea for you and yours to be absolutely certain of your immigration status and take steps to remedy any deficiency.

The Consequences Are Severe

Contrary to popular perception, those who are found to have entered the U.S. without inspection suffer numerous consequences, though they may not wind up behind bars. Those who are in the U.S. without inspection begin to accrue what is referred to as unlawful presence, from the moment they enter the country. This is the case even if they are not exposed as having entered the country illegally. Thus, whenever their status is exposed, they may have years upon years of unlawful presence accrued, which can be used against them, such as denying an application to adjust status (even with U.S. citizen relatives).

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Posted on in Immigration

Chicago immigration attorneys, inadmissible optionsWhen someone applies for a U.S. visa, his or her ability to obtain it is not guaranteed. The individual may be denied because he or she is what U.S. law refers to as inadmissible. In other words, the person has a reason, or multiple reasons, that the issuing authority believes he or she will either overstay the visa, or use his or her time in the U.S. to act in ways that are illegal or unethical. However, sometimes a denial can adversely affect someone’s life or livelihood, and someone must work to get around a finding of inadmissibility. There are a few ways this can be achieved.

Waivers and Exceptions

The Immigration and Nationality Act (INA) lists several grounds on which someone may be declared inadmissible. Some include carrying communicable diseases, having committed a crime of moral turpitude or an immigration violation (the two are not necessarily identical, but they are not mutually exclusive), and the potential to become dependent on government assistance. However, it is possible to apply for a waiver for many of these grounds, though there is no guarantee the waver will be granted. People who have committed more severe crimes such as aggravated felonies or terrorism are generally ruled inadmissible, but under a permanent bar, with no possibility of waiver.

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Posted on in Immigration

Chicago immigration attorneys, unlawful entry, unlawful-presenceIt is an extremely common misconception that as soon as someone spends one minute in the United States without status, he or she immediately becomes a criminal. This is simply not the case under immigration law. However, entering the country without inspection is a different matter—one is a crime, and one is not. There is a difference between civil and criminal law. While many civil offenses may still render you deportable, it is not guaranteed, especially if you have done nothing unlawful before or since. 

Unlawful Entry

Unlawful entry into the United States, also known as entry without inspection, is a crime. It is a misdemeanor under U.S. criminal law—not immigration law—to enter the country without inspection by immigration officers (for example, by running across the border, or hiding in the trunk of someone’s car), or to lie or otherwise falsify information during an inspection. The first unlawful entry is punishable by either a fine, which is still classified as a criminal penalty, or by up to six months of imprisonment. The second increases the imprisonment period to two years.

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