The Top 3 Biggest Immigration Mistakes And How to Avoid Them
In this article I will be sharing with you, The Top 3 Biggest Immigration Mistakes that I have seen during my time as immigration attorney, and how you can avoid them.
I have chosen the Top 3 Biggest Immigration Mistakes, because I have found them to be the most common concerning immigration law.
During my career as an US immigration lawyer, I have seen many individuals make big mistakes that have resulted in terribly sad consequences, hurt families, loss of time and money - mistakes that have resulted in deportation, bars from reentering the United States, or simply prolonging a solution that could have been resolved quickly.
You must be extremely cautious with unforeseeable immigration setbacks that only a licensed US immigration attorney can anticipate.
My desire is that this information will give you a greater understanding of the complexities of the immigration law process.
Mistake #1: Unlawful Presence Unlawful presence is grounds for removal.
Do not make the mistake of attending a visa immigration appointment after having lived in the United States with an expired or "out of status" visa - this is considered "unlawful presence" and is grounds for removal from the United States.
For example, if a noncitizen was unlawfully present in the United States for more than 180 days, but who departed the United States before any removal proceedings began, and who then seeks admission into the United States, is inadmissible for a period of three (3) years.
Similarly, a noncitizen that is unlawfully present in the United States for one year or more, who leaves the country and then attempts to seek admission to the United States is inadmissible for a ten-year (10) period.
Case in point, one Pastor who had violated the rule of being out of status for 180 days (after his R-1 Visa had expired), got bad advice from other Pastors and it resulted in being barred for three years from reentering the United States.
One solution to avoiding this mistake (of being removed or barred) is to depart the United States prior to accumulating 180 days of unlawful presence, and then return as a tourist.
Then, your status will become lawful again, and therefore no longer removable.
However, beware; you will not be eligible to adjust status, unless you are the immediate relative of a U.
S.
citizen.
Mistake #2: Falsely declaring U.
S.
Citizenship Status Do not make the mistake of declaring you are a U.
S.
citizen, especially when crossing a U.
S.
/Mexican border.
Often these false declarations have been made by individuals who have been Lawful Permanent Residents for over three to five years and who qualify for U.
S.
citizenship status, but who have still have not actually applied for their adjustment of status to that of a U.
S.
citizen.
A false declaration and willful misrepresentation of your status is an unpardonable offense and you will be barred for life from the United States! In one case, a high school student went out for an evening of fun to the border town of Nuevo Laredo, Mexico, and upon his return, falsely declared he was a U.
S.
citizen.
This resulted in being deported and barred for life from reentering the United States.
Avoid this huge mistake by being HONEST and always ensure that you are carrying the proper identification documentations to support your current status.
Mistake #3: Caution when Filing for Naturalization Do not make the mistake of filing for Naturalization without ensuring you meet all the requirements.
There are technical requirements, residential requirements, language requirements, knowledge of U.
S.
history requirement and most importantly, a "good moral character" requirement.
The "good moral character" requirement means that an applicant must state on the application with great accuracy all encounters with the law, and any violations thereof.
During the application review process, if immigration authorities discover a domestic violence offense or other criminal activity that has not been stated on the form, then the applicant can be detained and deported or removed from the United States.
In other cases, if an individual abandons a permanent residence status by having lived outside the United States for a prolonged period of time, they can lose their naturalization eligibility status.
Avoid this mistake by not leaving the country for over six (6) months.
Avoid the mistake of removal by ensuring you list every single encounter with law enforcement, even the violation was only a misdemeanor, and even if the case has been expunged, dismissed or sealed.
I have chosen the Top 3 Biggest Immigration Mistakes, because I have found them to be the most common concerning immigration law.
During my career as an US immigration lawyer, I have seen many individuals make big mistakes that have resulted in terribly sad consequences, hurt families, loss of time and money - mistakes that have resulted in deportation, bars from reentering the United States, or simply prolonging a solution that could have been resolved quickly.
You must be extremely cautious with unforeseeable immigration setbacks that only a licensed US immigration attorney can anticipate.
My desire is that this information will give you a greater understanding of the complexities of the immigration law process.
Mistake #1: Unlawful Presence Unlawful presence is grounds for removal.
Do not make the mistake of attending a visa immigration appointment after having lived in the United States with an expired or "out of status" visa - this is considered "unlawful presence" and is grounds for removal from the United States.
For example, if a noncitizen was unlawfully present in the United States for more than 180 days, but who departed the United States before any removal proceedings began, and who then seeks admission into the United States, is inadmissible for a period of three (3) years.
Similarly, a noncitizen that is unlawfully present in the United States for one year or more, who leaves the country and then attempts to seek admission to the United States is inadmissible for a ten-year (10) period.
Case in point, one Pastor who had violated the rule of being out of status for 180 days (after his R-1 Visa had expired), got bad advice from other Pastors and it resulted in being barred for three years from reentering the United States.
One solution to avoiding this mistake (of being removed or barred) is to depart the United States prior to accumulating 180 days of unlawful presence, and then return as a tourist.
Then, your status will become lawful again, and therefore no longer removable.
However, beware; you will not be eligible to adjust status, unless you are the immediate relative of a U.
S.
citizen.
Mistake #2: Falsely declaring U.
S.
Citizenship Status Do not make the mistake of declaring you are a U.
S.
citizen, especially when crossing a U.
S.
/Mexican border.
Often these false declarations have been made by individuals who have been Lawful Permanent Residents for over three to five years and who qualify for U.
S.
citizenship status, but who have still have not actually applied for their adjustment of status to that of a U.
S.
citizen.
A false declaration and willful misrepresentation of your status is an unpardonable offense and you will be barred for life from the United States! In one case, a high school student went out for an evening of fun to the border town of Nuevo Laredo, Mexico, and upon his return, falsely declared he was a U.
S.
citizen.
This resulted in being deported and barred for life from reentering the United States.
Avoid this huge mistake by being HONEST and always ensure that you are carrying the proper identification documentations to support your current status.
Mistake #3: Caution when Filing for Naturalization Do not make the mistake of filing for Naturalization without ensuring you meet all the requirements.
There are technical requirements, residential requirements, language requirements, knowledge of U.
S.
history requirement and most importantly, a "good moral character" requirement.
The "good moral character" requirement means that an applicant must state on the application with great accuracy all encounters with the law, and any violations thereof.
During the application review process, if immigration authorities discover a domestic violence offense or other criminal activity that has not been stated on the form, then the applicant can be detained and deported or removed from the United States.
In other cases, if an individual abandons a permanent residence status by having lived outside the United States for a prolonged period of time, they can lose their naturalization eligibility status.
Avoid this mistake by not leaving the country for over six (6) months.
Avoid the mistake of removal by ensuring you list every single encounter with law enforcement, even the violation was only a misdemeanor, and even if the case has been expunged, dismissed or sealed.
Source...