What if My Visa Is Denied at a U.S. Consulate Abroad?
Foreign individuals living in the United States need to maintain a certain status in order to live in the country. Those individuals must follow a certain set of immigration laws that allow them to remain within the country. Their status within the country may be affected if they violate these laws. Violations may pertain to visas or even crimes. They can be removed from the country through deportation if they violated the conditions of their visa or committed a crime of moral turpitude. Deportation is the formal removing process of a foreign individual from the United States when they are found violating immigration laws. This can be ordered by an immigration judge and enforced by the United States Immigration and Customs Enforcement.
What Can Affect my Immigration Status?
When a foreign person enters the United States, they are required to obtain a certain status and abide by immigration laws. If they fail to do so, they may jeopardize their status in the country. There are several ways in which an individual may do this:
- Visa Conditions: When an individual obtains a visa, they are expected to follow the requirements of each different visa. If a visa expires, they may face removal proceedings. When an individual’s status changes, they must update their visa to reflect it. For example, if a student is no longer pursuing their education or if an individual loses their job within the country, they must adjust their visa. Individuals who do not follow the conditions of their visa may face deportation.
- Crimes of Moral Turpitude: These are crimes committed that show a bad sense of character. This may include fraud, larceny, theft, or a crime that intended to harm another person (e.g., robberies, abuse, driving under the influence).
- Aggravated Felonies: This may include 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 much more.
Waivers of Inadmissibility
When an individual is faced with the possibility of removal from the United States, they may request a waiver of inadmissibility. This may be used to overcome or prevent the removal process. They may also be obtained if the individual is working to become approved for a Green Card.
Individuals are able to apply for a waiver of a crime of moral turpitude. To apply for this waiver, they must have lived within the country for at least 7 years. The individual also must not have been involved in an aggravated felony of any kind or be a threat to the nation. If an individual has been convicted of an aggravated felony, it may be extremely difficult for them to avoid being deported unless they can prove they would be tortured if they returned to their native country.
Contact our Firm
If you may be facing removal proceedings and deportation, contact Sesini Law Group, S.C.today.
John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.
