Foreign nationals and permanent residents are subject to forced removal (formerly called deportation) from the United States if they violate immigration regulations or criminal laws.
A foreign national who fails to comply with the conditions of his or her visa or green card is said to have failed to maintain status. This can lead to denial of visa extensions, denial of change of status, and/or removal proceedings. In some situations, a person who has failed to maintain status can apply for his or her status to be reinstated before removal proceedings begin.
If an alien who is unlawfully present in the United States is discovered, he or she may be barred from reentering the country for a lengthy amount of time. Therefore, illegal aliens may want to leave the country before removal proceedings are initiated.
Foreign nationals who desire to remain in the U.S. after removal proceedings are initiated must seek relief under the Immigration and Nationality Act. This can include termination or cancellation of proceedings and adjustment of status.
The attorneys at Mehlman TerBeek LLP can advise you concerning immigration law and represent you in court if necessary. Contact our office at 925-935-3575 to discuss your case.