Immigration law is incredibly complex and even lawyers who do not specialize in this field have a hard time diving into all its ins and outs to competently advise their clients. Even though it’d be naïve to believe that noncitizens or immigrants who end up in a difficult situation can find a decent way out without expert help, there are 6 important facts about the U.S. immigration law everyone should know.
Know Your Status
Before turning to the facts every immigrant should be aware of, it seems appropriate to highlight the importance of knowing your status and full understanding of its terms. Make sure, you have studied the latter to the slightest details as minor at first glance things often can bring you a lot of trouble. Would you be surprised to find out that as someone who holds a student visa but falls below your class schedule requirements, you violate your status?
Well, now you know what we’re trying to say, so do not skip the fine print and carefully read every single word because that word can mean the difference between staying in the U.S. and being placed into removal proceedings.
As an individual, you can match one of the listed below status categories labeled by immigration law:
Citizens (by birth) or nationals (by status)
Noncitizens (known also as aliens)
Nonimmigrants (people who come to the United States to work, study, receive medical care, or just to visit, or for any other purpose that is clearly temporary, meaning they are going to return to their home country)
Immigrants (this category is for people who are sponsored for entry by a family member or an employer)
Refugees and asylees (please note that refugees are processed before entering the U.S. while people seeking asylum are processed when already in the United States)
Needless to say, any person who stays in the country without holding proper status can be subject to deportation, therefore individuals who are plotting to seek asylum must prove they have “a well-founded fear” associated with staying in their homeland.
Fact #1: Young Non-Citizens Can Apply for Deferred Action
If you are a young noncitizen who was brought to the U.S. as a child, you have the right to apply for deferred action. If you believe you fit the description, read more here to find out how this program can provide you the opportunity to obtain a work permit and legally hold a job in the United States. Even though this step is not intended to bring you closer to becoming a citizen, it is a significant step forward that can postpone your deportation for 2 years.
Fact #2: Cancellation of Removal Is the Best Defense to Deportation
According to a great many lawyers who specialize in immigration law, this procedure is arguably the most efficient solution to avoid deportation. Cancellation of removal means that the Court under its sole discretion allows a person to stay in the U.S., of course, if there are certain factors that favor cancellation of the Government’s attempt to remove an individual. Generally speaking, such factors can be a hardship to U.S. citizen children, spouse or other dependents, but also the length of time spent in the United States, of course, the job history, as well as present status.
Fact #3: Bail Hearing Is the First Move in Deportation Defense
Well, this one is definitely a no-brainer. Naturally, the first thing that should be done in the case I.C.E. has picked up your loved one is to schedule a bail hearing to get the caught person out of jail. There is no dilemma that this step is a high priority and has to be taken as soon as possible.
Fact #4: Wait Times Are Far From Being Short
Frankly speaking, they are not just far from being short but they are shockingly long. Depending on your state, case, and circumstances, prepare to wait for years – there is nothing slower than the infamous bureaucracy machine. The one thing is for sure, you will need a lot of patience.
Fact #5: Deportation Can Mean Inability to Return to the U.S.
In the majority of cases, people who have been deported from the United States can’t legally return to the country. That’s why it is very important to make every effort to avoid this procedure.
Fact #6: It’s Possible to Get Rid of Criminal Conviction
Yes, you read it right. Not easy but possible. For instance, if your new attorney can prove that you’ve got bad advice from your previous lawyer.
Just as already said, immigration law is too vast and complex, hence do not rely on the experience of your friend who’s “already been there and know it all” but consult a renowned immigration attorney who can give you competent advice.