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In this section we include various topics concerning U.S. immigration. For areas not listed below, such as NACARA eligibility contact the Law Office for more assistance.
Immigration violations, as well as, criminal convictions can result in deportation, ineligibility for relief from removal, and being barred from naturalization, which is the process whereby United States citizenship is conferred on a foreign citizen or national after he or she has fulfilled certain requirements established by Congress. Deportation and exclusion proceedings have been combined into a single proceeding called a "removal" proceeding. There are five broad categories or grounds for deportation. They include: |
- Entering the country without proper authority
- Status violators who violate the terms of their admission or work without permission
- Persons with a broad range of criminal convictions
- Persons who are members of certain prohibited organizations
- Certain people who become public charges within five years of entering the U.S.
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Removal proceedings, whether based on inadmissibility or deportability, affect the ability of a person to remain in the United States. Deportation affects people who are already in the United States, either legally or illegally, by forcing them to leave. Grounds of inadmissibility, on the other hand, prohibit a person from entering the United States.
At the San Diego, California law firm of Whalen & Associates, we have years of experience handling deportation cases and removal defense for clients with families and businesses throughout Southern California and the world. |
| Asylum |
Individuals may be granted asylum, on a discretionary basis if it is determined that the applicant has suffered past persecution or has a "well-founded fear of persecution" on account of race, religion, nationality, membership in a social group, or political opinion in their country of origin. People seeking asylum must establish their persecution on at least one of these five grounds. Asylum applications must be filed within one year after entry into the United States, with some exceptions being granted for extraordinary circumstances.
Anyone whose life or freedom would be threatened in his or her own country on account of one of the five enumerated grounds of asylum is protected from removal under United States and international law. The United States offers Temporary Protected Status to individuals from countries that have suffered natural disasters or that are undergoing war or severe civil unrest, forcing the displacement of citizens of that country. Temporary Protected Status is effective as long as the conditions persist in the country in question.
For specific information about removal, exclusion, deportation, political asylum, or hardship waivers, please contact us today. |
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