WAIVERS
EXPEDITED REMOVAL AND RE-ENTRY AFTER DEPORTATION
EXPEDITED REMOVAL
A non-U.S. citizen can be subject to expedited
removal for not carryng their Green Card
or their Nonimmigrant Visa document (NIV)
with them. They may also be subject to expedited
removal for making a material (important)
misrepresentation unless they are seeking
asylum or they fear persecution or terror.
Citizens of Cuba may be excluded from this
provision. Non-citizens will be detained
if any of the above apply. If the non-citizen
is a Green Card holder, it is a misdemeanor
for them to not have their Green Card on
them at all times, and this offense could
lead to the alien being inadmissible.
If a non-citizen has a Green Card and a
criminal record, he or she may leave the
country and re-enter; however, the government
may still remove the non-citizen due to
his or her criminal record.
In regards to a criminal conviction, it
is important to know that a “conviction”
includes a plea of nolo contendre or no
contest. Moreover, a suspended sentence
(where you are sentenced to go to jail,
but never have to actually go due to the
arrangements of your sentence) is considered
a final conviction as well. However, a conviction
is only considered when it is final, so
those which are kept "on file"
are not considered final.
If a non-citizen receives an expungement
from a state court, the expungement is not
considered for immigration purposes [Matter
of Roldan, 22 I&N Dec 512 (BIA 1999)],
meaning that the offense will still be considered
for immigration purposes. Further, an expungement
given by a foreign country does not count
for immigration purposes either. If a non-citizen
receives a full and unconditional pardon
from the President, state governor, or some
other constitutionally recognized executive
entity, this pardon can assist in situations
with crimes of moral turpitude, aggravated
felonies, multiple convictions, or high-speed
flight from a USCIS checkpoint. If a non-citizen’s
plea or sentence is vacated, that plea or
sentence may be removed for immigration
purposes.
RE-ENTRY AFTER DEPORTATION
If a non-citizen has been removed, deported,
excluded, or denied admission, he or she
should not re-enter the United States until,
if ever, he or she is permitted. Accordingly,
if a non-citizen chose to leave during an
exclusion, deportation, or removal order
process, he or she could face two years
in prison and a $1,000 fine. If the alien
did this after committing three or more
misdemeanors involving crimes against persons,
drugs, a combination of these, or a felony,
then the sentence increases to ten years.
If the crime was an aggravated felony, then
the sentence increases to twenty years.
The non-citizen, though, may not be charged
under 8 USC section 1326 unless he or she
was physically deported.
A non-citizen who is present in the United
States illegally cannot possess a firearm,
at all, for any reason. If a non-citizen
uses another person’s social security
card, he or she may face deportation and
five years imprisonment under 42 USC section
408(a)(7)(B). Marrying someone only for
the purpose of immigration (marriage fraud)
is a deportable offense, and a non-citizen
that commits it could face up to five years
in prison, a fine of $250,000, and alimony
for the first offense. 18 USC section 1325(c).*
Non-Immigrants
and Immigrants
Deportation
and Inadmissibility
Unlawful
Presence
Expedited
Removal and Re-Entry After Deportation
Immigration
Acts Effecting H-1B and Family Based Visas
Reference
Tool for Waivers of Inadmissibility or Removability
Grounds
for Inadmissibility and Removability
Waivers
of Inadmissibility or Removability
Other
Avenues of Relief
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