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What Are the Most Common Types of Immigration Law Violations?

By virtue of being a sovereign nation, the United States has the ability to develop, implement, and enforce immigration policy that’s reaffirmed by laws. The practical side of these laws is comprised of rules that govern the flow, permanence, and integration of foreigners who wish to become immigrants. Violations of immigration rules can prevent applicants from accessing certain benefits. Moreover, they can also result in visa revocations and deportation proceedings. 

Types of U.S. Immigration Violations

Any action that is contrary to the rules established by U.S. Citizenship and Immigration Services can be construed as a violation, but these can be grouped into five main categories:

  • Unlawful Entry 
  • Visa Overstay 
  • Illegal Permanence 
  • Moral Turpitude 
  • Immigration Fraud

Each of the violations above can become grounds for rejecting petitions or starting the deportation process, but the circumstances surrounding each one will often determine the course of action a San Diego immigration lawyer can take to get his or her client back on track.

Unlawful Entry

An example of unlawful entry would be a person entering the country without being checked by USCIS. This includes crossing the border illegally or stepping off a boat that hasn’t been cleared for customs and passport control. 

Visa Overstay

Visa overstay situations are the most common violations of immigration rules. These situations arise when foreigners who legally enter with visas and are deemed to be admissible don’t leave the country before their visas expire. Examples can range from skilled H-1B tech workers and tourists to visiting athletes and refugees granted Temporary Protection Status who didn’t leave when the program came to an end.

Illegal Permanence

Illegal permanence is closely related to visa overstay situations, but it can also extend to conditional residents. If the holder of a conditional green card doesn’t submit an adjustment of status package after two years, his or her status will change to unlawful. Another example would be someone who has received a notice of deportation but has chosen to ignore it.

Moral Turpitude

Foreigners going through the immigration process are expected to respect all laws. If they’re convicted of certain “crimes involving moral turpitude,” which aren’t clearly defined by immigration laws and rules, they could lose benefits because of these violations. Some immigration law firms specialize in defending clients who have been flagged for the nebulous moral turpitude clause, which can extend to misdemeanor offenses such as possession of small amounts of cannabis.

Immigration Fraud

Immigration fraud can range from providing incorrect information on applications and petitions to misrepresenting immigration status. Each year, thousands of immigration fraud cases are cleared thanks to the work of law firms that correct the record whenever honest mistakes were made, which happens quite often. In a similar manner, immigration lawyers may be able to obtain waivers for clients who aren’t able to get visas approved because of prior violations. Additional examples of immigration fraud include:

  • Fraudulent marriages
  • Fraudulent claims to U.S. citizenship

If you have questions about any aspect of immigration regulations, contact the immigration attorneys San Diego residents trust. The lawyers at KS Visa Law have vast experience with every aspect of immigration law, and they’re the attorneys to call on when you need the most up-to-date information about immigration regulations. Call KS Visa Law today at 858-874-0711 to schedule an appointment.

April 2024