As a noncitizen of the United States, there may always be a fear looming in the back of your mind that you may be uprooted from your new home and sent back to your native country. Understandably so, you may never want this fear to become a reality. Therefore, you may want to do everything in your power to prevent this from even becoming a possibility. Continue reading to learn some tips for avoiding deportation from the United States and how an experienced removal & deportation defense lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can offer you additional protections.
Understanding Why Deportation Happens in the United States
Deportation, formally referred to as removal, is the process that occurs when the federal government determines that a non-U.S. citizen no longer has a legal right to remain in the United States. This process can happen to individuals who have resided in the country for many years, have strong family ties, or who entered the country legally, if they later violate immigration or criminal laws. Unfortunately, there are a number of ways in which someone may become subject to deportation, so understanding the most common triggers is critical to avoiding missteps that can result in your removal.
What Are Common Grounds That Can Lead to Deportation?
Immigration authorities with the United States Citizenship and Immigration Services (USCIS) may find it necessary to deport you from the country if you are found to violate any immigration laws or commit certain offenses after being admitted into the country. For individuals living in Wisconsin, these issues often arise during seemingly routine encounters with law enforcement or when filing for immigration benefits, as prior violations may be reviewed.
It’s also important to note that some grounds of deportability require mandatory removal in accordance with federal law, while others allow immigration judges to make decisions at their own discretion based on the individual case.
Criminal Grounds of Deportability
- Crimes of moral turpitude after being admitted
- Certain controlled substances offenses
- Domestic violence-related offenses that carry criminal consequences
- Conviction of an aggravated felony
National Security and Public Safety Concerns
- Allegations of involvement in terroristic activities
- Firearms or other weapons-related offenses
- Activities deemed a threat to public safety in accordance with federal law
Immigration Status Violation
- Marriage fraud or misrepresentation to obtain immigration benefits
- Falsely claiming that you are a U.S. citizen
- Overstaying or otherwise violating the terms of a visa
- Entering the country without inspection or lawful status
Proactive Steps You Can Take to Avoid Deportation in Wisconsin
Avoiding deportation begins from the moment you enter the United States, as remaining in compliance with immigration law is the most important action you can take to avoid being subject to removal.
Potential Paths to Strengthen Your Immigration Status
- Applying for asylum or other forms of humanitarian relief
- Seeking permanent residence through family or employment-based petitions
- Maintaining a continuous lawful status
- Seek naturalization once eligibility requirements are met
What Are Your Legal Options if Facing Removal Proceedings?
In the event removal proceedings against you have already begun, it’s important to understand that there may be steps you can take to avoid deportation. However, eligibility will depend on your unique circumstances and immigration history.
Waivers and Relief From Removal
- Requesting a waiver of removability can help you remain in the country despite a qualifying violation
- Long-term residents may be able to seek a cancellation of removal
- Applying for waivers related to criminal or immigration violations may be possible
- Appeals based on undue financial hardship for any citizen family members you support
How Can Arrests and Criminal Charges Impact Immigration Status?
Unfortunately, a single arrest or criminal charge can have intense immigration consequences that can affect you before a case is even resolved in criminal court.
Immigration Risks Associated with Arrests
- Arrests of any nature can trigger enforcement actions before a conviction occurs
- Pending criminal cases can delay or prevent the approval of visa applications
- Certain charges can render non-citizens inadmissible or removable
- Immigration and criminal courts, though separate, often work in tandem
Contact Our Wisconsin Immigration Attorneys Today
Whether you are worried about falling out of lawful status or you are currently in removal proceedings, it’s critical to understand that you have the right to legal representation. As such, the team at Sesini Law Group, S.C,, is ready to represent you. Our firm is proud to help those in and around Milwaukee, WI, explore their legal options when facing removal and deportation. Contact our dedicated legal team today to learn how we can represent you during these difficult times.