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Winter Park & Orlando Removal Defense Lawyers

Unlawful Presence in the U.S.

People facing removal from the United States on the basis of unlawful presence will need to know the reasons for their potential forced departure. Unlawful presence is defined as existing presence after a visa's period of stay has concluded. An alien who is present in the United States without having gone through an inspection and in violation of the period of stay may be served a notice to appear as a result.

Grounds for Removal

An alien residing in the United States must do so legally. If an alien is unlawfully present in the country, then the government has grounds for removal and inadmissibility. If the alien is found to be inadmissible on the grounds of unlawful presence, or in violation of any immigration law, then he or she will be subject to removal.

3/10 Bar: Consequences of Unlawful Presence

Under the Immigration and Nationality Act, there are two provisions that directly handle aliens who are unlawfully present in the United States. An alien who is unlawfully in the country for a period of 180 days or longer but less than one year is not eligible for reentry into the United States for three years. If an alien is unlawfully present in the country for one year or longer and is removed from the country, then they are inadmissible for a total of ten years from the date of removal. It is also possible to be permanently barred from the country under INA §212(a)(9)(C)(i)(l).

No matter what the situation, it is important to pursue relief from removal. Unlawful presence is taken seriously by the federal government. For this reason, it is vital to get the assistance necessary to avoid a bar from returning to the country. At Robert Brown LLC, we offer effective and powerful assistance for those who are facing removal on the grounds of unlawful presence. We can listen to your situation and develop a case that pursues your ultimate goal in a timely manner.

Need immigration help in or near Orlando, FL? Contact our Winter Park deportation defense firm at your earliest convenience!

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