Anaheim Immigration Attorney

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Overview

Federal immigration law determines whether a person is an alien, and associated legal rights, duties, and obligations of aliens in the United States. It also provides means by which certain aliens can become naturalized citizens with full rights of citizenship. Immigration law serves as a gatekeeper for the nation's border: it determines who may enter, how long they may stay and when they must leave.

 

Visas

 

A foreign national wishing to enter the U.S. must obtain a visa if he or she is not a citizen of one of the twenty-seven Visa Waiver Program countries, if he or she is not a citizen of Canada or Bermuda, or has a statutory ineligibility for visa-free travel (e.g. criminal past, etc.). There are two basic types of U.S. visas:

 

Nonimmigrant visa - for temporary visits such as for tourism, business, work or studying.

Immigrant visa - for people wanting to be permanent residences in the United States without any time limitation.

 

Qualification process

 

Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;

They plan to remain for a specific, limited period; and

They have a residence outside the U.S. as well as other binding ties which will ensure their return abroad at the end of the visit.

All tourist visa applicants must pay a $100 interview fee to a US Consulate in order to be interviewed by a Consular Officer who will determine if the applicant is qualified to receive a visa to travel to the U.S. If the applicant is rejected, the $100 fee is not refunded. Amongst the items included in the qualification decision are financial independence, adequate employment, material assets and a lack of a criminal record in the applicant's native country.

The immigration visa process is even more stringent and costly. After all processing fees have been paid, most immigration visa applicants pay well over $1,000 to become permanent residents in the United States and are forced to wait several years before actually immigrating to the U.S.

 

Deportation

 

Not to be confused with extradition, generally means the expulsion of someone from a country. In general, the term now refers exclusively to the expulsion of foreigners (the expulsion of natives is usually called banishment, exile, or transportation). Historically, it also referred to penal transportation.

 

Deportation can also happen within a country, when for example an individual or a group of people is forcibly resettled to a different part of the country. If ethnic groups are affected by this, it is also referred to as population transfer. The rationale is often that said groups might assist the enemy in war.

 

During World War II, Volga Germans, Chechens, and others were deported in the Soviet Union by Stalin and Japanese Americans were deported in the United States of America by Franklin Roosevelt.

 

In the 19th century, the United States of America government, particularly under Andrew Jackson, deported numerous Amerindian tribes. The most infamous of these deportations became known as the Trail of Tears.

 

Almost all countries reserve the right of deportation of foreigners, even those who are longtime residents. In general, deportation is reserved for foreigners who commit serious crimes, enter the country illegally, overstay their visa, or face trial by another country (see extradition). It can also be used on non-criminal visitors and foreign residents who are considered to be a threat to the country. Deportation is generally done directly by the government's executive apparatus rather than by order or authority of a court, and as such is often subject to a simpler legal process (or none), with reduced or no right to trial, legal representation or appeal.

 

Deportation often requires a specific process that must be validated by a court or senior Minister. It should therefore not be confused with Administrative Removal, which is the process of a country refusing to allow an individual to enter that country.

 

Reasons for Deportation from United States

 

Any alien that is in the United States may be subject to deportation or removal if he or she:

 

Is an inadmissible alien according to immigration laws in effect at the time of entry to the U.S. or adjustment of nonimmigrant status;

Is present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law;

Violated nonimmigrant status or a condition of entry into the U.S.;

Terminated a conditional permanent residence;

Encouraged or aided any other alien to enter the U.S. illegally;

Engaged in marriage fraud to gain admission to the U.S.;

Was convicted of certain criminal offenses;

Failed to register or falsified documents relating to entry in to the U.S.;

Engaged in any activity that endangers public safety or creates a risk of national security; or

Engaged in unlawful voting.

 

Available Sources of Relief from US Deportation Proceedings

 

There are numerous protections and sources of relief from deportation proceedings in the United States. As such, there are Immigration attorneys that specialize in removals and deportation proceedings. Many times, the immigrant is able to benefit from available sources of relief such as: asylum, withholding of removal, adjustment of status if married to a US Citizen spouse, and cancellation of removal. It is important to note that there are also waivers available against inadmissibility and removability of an individual during deportation proceedings.

 

Mashney Law Offices has attorneys on staff familiar with Immigration Law and the Visa application process.

 

 

Mashney Law Offices is ready to help you. Please call us at (800) 555-6655 or submit an online case evaluation. This is a FREE CONSULTATION.

 

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