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Penalties for Being in the United States Without Authorization
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There are many penalties associated with being in the United States without proper authorization. The penalties someone will face will depend on how they entered the United States. Some individuals are lawfully admitted into the United States and then overstay their visas. Other individuals unlawfully enter the United States and remain within the country. Different laws are applied to these different categories of people unlawfully within the country. It is crucial that anyone that is in the country illegally knows these differences, and the options that may be available to them to remain within the United States.
Penalties and Options for Individuals that Lawfully Entered the Country
According to the Department of Homeland Security, there are approximately 666,582 overstays within the United States every year. Overstays refer to individuals that legally entered the country and stayed longer than the temporary amount of time their visa stated they were allowed to. Technically, these individuals may be subject to deportation, but that does not necessarily mean that they will be deported.
For example, the United States Citizenship and Immigration Service (USCIS) has the discretion to allow individuals that have overstayed to obtain a marriage-based green card. There are many factors that will affect a person’s eligibility, and so, it is important that anyone who has overstayed speaks to an immigration lawyer for help.
Penalties and Options for Individuals Who Did Not Lawfully Enter the Country
Individuals who were not authorized to enter the United States cannot typically obtain a green card once they are in the country, although there are some limited exceptions. Along with deportation, there are other penalties these individuals may face.
A person who has remained in the country unlawfully for more than one year is typically deported and is barred from returning to the United States for ten years. Individuals who are unlawfully in the country for more than 180 days but less than one year will be deported and barred from returning to the United States for three years. In order to waive these bans, a person would have to prove that a close relative, such as a spouse, parent, or minor child, would face extreme hardship if they were removed from the country.
Certain individuals can also apply for a provisional waiver. These waivers allow individuals who are unlawfully in the United States but have married or have an immediate relative that qualifies to apply for a waiver. While individuals are waiting for a decision on that waiver, they can remain in the United States. If the waiver is approved, the individual must return to the embassy in their homeland and, if they meet all other eligibility requirements, they can return back to the United States.
Do You Need Help Remaining in the Country? Our Illinois Immigration Lawyers can Help
It is unsettling to know that you are in the United States unlawfully. If you are, it is important to remain calm and to understand that you have options. At Kriezelman, Burton & Associates, LLC, our Chicago immigration lawyers can help. We will advise on the options you have, guide you through whatever process is appropriate, and give you the best chance of remaining in the country. Call us today or contact us online to learn more about how we can help.
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Ocena 5 gwiazdek | Na podstawie 200+ pozytywnych opinii na Google
My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
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