Illegal Immigrant Laws

In the United States, immigration laws are the set of federal laws that regulate how a person from outside the United States may qualify for a visa and remain within the United States legally. Immigration laws also regulate under what circumstances an immigrant can be deported from the United States.

The term “illegal immigration” refers to a non-citizen who is in the country illegally. In other words, an illegal immigrant refers to undocumented immigrants who do not possess a green card. This means that under the immigration laws, the immigrant is not considered to have permanent resident status in the United States.

Permanent resident status is an immigration status that may be granted to certain classes of legal immigrants. Further, permanent resident status is also considered to be the most important step towards receiving permanent United States citizenship.

It is important to note that most green card holders do not start off as permanent residents but instead begin as holders of temporary visas. Then, after they have spent some time in the United States, temporary green card holders may petition to have their residency status changed to a permanent resident status. In many cases, these individuals are referred to as permanent resident aliens.

A permanent resident alien is a title that is given to any person who is not a citizen of the United States but is living in the United States under a recognized and valid immigration visa. The visa grants the immigrant permanent resident status in order to work and live in the United States indefinitely. As such, a person who fails to possess a valid immigration visa is considered to be in the country illegally.

Generally, proof of an individual’s permanent residency status is evidenced by possessing a permanent resident card (i.e., a green card). Permanent resident status may also refer to immigrants who have entered the United States under a conditional residency status and then later had their status adjusted to that of a permanent resident.

Legal permanent residents may also receive many of the privileges that are inherently granted to United States citizens. For instance, a permanent resident may legally work at any job in the United States and own property within the United States.

In addition, permanent residents are not required to return to their home countries after a period of time, which is unlike immigrants who simply possess a temporary visa. This means that so long as a permanent resident’s green card remains valid, they may travel to and from their home country freely and without restriction. However, if an immigrant does not possess a visa, then they may be subject to illegal immigration penalties.

What Are Some Consequences of Illegal Immigration?

There are numerous legal consequences associated with illegal immigration. In the United States, illegal immigration is considered to be a serious federal criminal offense that can result in various legal penalties. The legal penalties most commonly associated with illegal immigration include:

• Removal or deportation of the illegal immigrant from the United States;
• Loss of temporary or permanent residency status, including the loss of a person’s ability to later apply for a visa;
• Possible ban on re-entry to the United States in the future; and
• Possible criminal consequences for those assisting an individual in their illegal immigration, such as employers, family members, etc.
  • For instance, the United States Code provides that any person who knowingly aids or assists any alien inadmissible to enter the United States or who connives or conspires with any person or persons to allow, procure, or permit any such alien to enter the United States, shall be subject to fines, imprisoned not more than 10 years, or both.

Regarding banning an individual from re-entry in the future, these bans can either be temporary or permanent in nature. For instance, with a first-time illegal immigration charge, the immigrant might be banned from re-entering the country for a specified number of years, such as five years. However, for repeat offenders, or if an individual’s removal involves especially serious criminal activity, that individual may be permanently banned from entering the country.

Regarding deportation, the United States Immigration and Customs Enforcement (“ICE”) is the federal law enforcement group in charge of these immigration issues. ICE investigates and addresses border security and transportation systems. ICE officials are also employed at United States embassies throughout the world in order to safeguard United States security abroad.

In general, a nonresident can be deported from the United States in several ways, including:

• Being arrested as an immigrant;
• Submitting fraudulent immigration applications and having such applications rejected by United States Citizenship and Immigration Services (“USCIS”); or
• Having their request for asylum denied.

It is important to note that there are various different forms of relief from removal if an individual has been removed or deported from the United States. One such relief is simply obtaining a proper green card.

Can Illegal Immigrants Apply for a Green Card?

Once again, in cases in which an individual has been deported or removed from the Country, there may be restrictions on the individual re-entering the United States as a legal immigrant. However, these bans from re-entry typically only last for a specified period of time, such as five years.

Even if an individual is in the United States illegally, that person may still be able to become a legal immigrant by obtaining lawful permanent resident (“LPS”) status. However, that individual will have to follow the legal process to obtain permanent resident status.

In fact, there are several avenues that an individual can use to obtain lawful permanent resident status, such as petitioning for:

• Family-based visas;
• One of the many different types of work visas, such as an employment visa;
• Fiancé or marriage-based avenues;
• Asylum and refugee status.

If an illegal immigrant becomes a legal resident, then they will be required to change their immigration status. Importantly, the process for obtaining legal residency status and changing immigration status is not granted automatically. The person seeking to become a legal resident is also required to fulfill various requirements, such as:

• There must be a permanent visa spot which is available for the applicant that year;
• Completing the required immigration forms, including Form I-485;
• The applicant must not presently be in the country illegally; and
• The applicant must not have worked illegally in the United States.

In addition, an applicant may not be eligible for a change of residency status if they have entered the United States using a visa waiver or under other similar special circumstances.

Generally speaking, a change of status is granted to individuals who have traveled to the United States on a temporary visa. This includes a marriage visa or certain types of work visas for those who are looking to relocate permanently to the country.

Do I Need a Lawyer for Advice on Illegal Immigrant Laws?

As can be seen, illegal immigration is a serious violation of immigration laws, which usually requires the representation of a qualified United States immigration lawyer in order to avoid the possible legal consequences. An experienced immigration lawyer is essential in order to ensure that your legal rights as an immigrant are protected and that you are not banned from obtaining a legal immigrant status.

An experienced immigration lawyer can also provide you with legal advice and representation on various immigration matters. An immigration lawyer will also be well-informed about current United States immigration laws and policies and will be able to represent you at any immigration proceedings, as needed.