
Here at Nelson Immigration Law, we tackle all kinds of immigration questions from our clients. Today, we’re concentrating on the topic of illegal immigration and your most frequently asked questions.
Illegal Immigration: Answering Your FAQs on Illegal Immigration
Q: Are Illegal Aliens the Same as Undocumented Immigrants?
A: When it comes to the very basic meaning of the two terms, yes, they refer to the same concept of someone who is residing in the country without having gone through the necessary legal process or having the necessary legal paperwork required to reside here.
With that said, the term “illegal alien” has a particularly negative connotation and so you will never hear this term used in official immigration laws. When it comes to the legal world, the preferred term is “unauthorized” or “undocumented” immigrants.
Q: If I Didn’t Sneak Across the Border, Am I Still An Undocumented Immigrant?
A: Any immigrant who is living in the country without the proper documentation is considered to be an undocumented immigrant whether or not they snuck across the border. In addition to crossing the border illegally, undocumented immigrants can be people who entered the country on a valid visa but overstay the expiration date of that visa.
Q: As An Undocumented Immigrant, Do I Have Any Rights in the U.S.?
A: Yes! Whether you entered the country with or without the necessary documentation, you are still granted rights according to the United States Constitution. Included in these rights are:
- The right to a jury trial and the right to defend yourself against the charges against you if you are arrested.
- If someone sues you in civil court, you also have the right to receive notice and defend yourself in court.
- You are protected against unlawful search and seizure by law enforcement officials without probable cause and a valid warrant.
- You are protected against self-incrimination.
- You have the right to file a lawsuit in federal court.
- In California, you may also file a lawsuit in state court as your immigration status is inadmissible in court.
Q: Can I Apply For My Green Card While Living Undocumented in the U.S.?
A: No. You may not file for your green card once in the U.S. That said, if you leave the country and apply for your green card at the U.S. Consulate in your own country, you will be considered ineligible to return to the U.S. The length of time which you will be barred from the U.S. is dependent on your specific situation.
If you have been living undocumented in the U.S. for more than six months, you will be barred from the country for three years.
If you have been living undocumented in the U.S. for more than one year, you will be barred from the country for ten years.
These bans from the country stand even if your spouse is a U.S. citizen or legal permanent resident in the U.S. and even if you have children who are U.S. citizens or legal permanent residents.
Q: If I Am Barred From the Country Can I Request For That Bar to Be Waived?
A: You can request that the government waive your bar, but that does not mean that you will get that waiver. Usually, waivers are only issued when very specific requirements are met. These requirements are particularly difficult to meet.
Q: Can I return to the U.S. If I Have Been Barred Before?
A: Just because your bar is over, it does not automatically mean that you will be eligible to re-enter the U.S., all it means is that you are no longer considered banned from the country.
Q: What Does It Mean If I’m Permanently Banned From the U.S.?
A: There are some circumstances in which you can be permanently banned from setting foot in the United States. This means that under no circumstances may you ever return to the U.S.
Permanent bans are implemented for specific situations, for example:
- If you are deported from the U.S. and returned to the country unlawfully or attempted to re-enter the country unlawfully.
- If you lived in the U.S. for more than a year, left the country and then returned to the U.S. and tried to enter the country unlawfully.
Q: How Can An Immigration Attorney Help Me?
A: There are many different ways that an immigration attorney could be beneficial to you depending on your specific needs. The best way to find out whether an immigration attorney could be useful in your situation is to give one a call and ask! Explain what you need and ask whether it is something that an attorney could help you to take care of.
Just a few of the ways that we help our clients here at Nelson and Associates include:
Need Advice From a Reputable Attorney on Illegal Immigration?
If you live in or around the Pasadena, California area and have questions about illegal immigration, Nelson and Associates are here for you. Just pick up the phone and give us a call today at 626-683-3451 to arrange for a consultation with Attorney Nelson today!