Immigration Violations Can Impact Your Future in the US

Illinois immigrants who want to obtain their green cards may have problems securing them if they have committed previous immigration violations. Depending on the type of violation and the type of status the immigrants are seeking, the impact of previous immigration violations may require them to remain outside of the U.S. for several years or for life. People who commit immigration violations may also be subject to deportation proceedings. If they are deported, they may be banned for five years if the U.S. government deports them at its expense. The ban can be 20 years if the costs are paid by the government and the person has been convicted of an aggravated felony. Finally, if people reenter the U.S. illegally after they have been previously deported, they can be barred from reentering the U.S. for life.

Impact of Prior Immigration Violations

Immigration violations may have significant impacts on the ability of people to secure their green cards. If they originally entered the U.S. legally with a valid visa that they overstayed, the impact will depend on the length of time they overstayed their visas. For overstays of less than 180 days, people can leave the country and get new visas to return. They will be able to reenter at any time with a valid visa. People who overstay from 180 days to 365 days will be barred from returning to the U.S. for three years if they leave. If they overstay their visas for more than 365 days, they may be barred from reentering for 10 years.

Previous illegal entries make the process more complicated. People who entered the U.S. illegally will not be able to apply for green cards from inside of the U.S. If they leave after being unlawfully present for more than 180 days, they will be subject to the three- or 10-year reentry bars. For less than 180 days, people may apply for green cards in their countries at the U.S. Consulate without facing the three or 10-year reentry bars. People who have been previously deported and then reenter the country illegally may be barred from the U.S. for life.

Handling Deportation Proceedings

The government must send notifications to immigrants that it plans to deport. The people will then appear in front of an immigration judge. They can request several types of relief. If possible, avoiding deportation is important if the people want to return to the U.S.

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    Bonita B. Hwang Cho is the owner and a partner at Cho Immigration Law, based out of Chicago, Illinois. She focuses on family-based immigration, employment-based immigration, citizenship matters, asylum, and deportation defense, national interest waivers, and extraordinary ability visas. The law firm is woman and minority-owned.

    Years of Experience: More than 20 years
    Illinois Registration Status: Active

    Bar Admissions: Korean American Bar, Association Illinois State Bar Association

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