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Unlawful Presence

North Carolina Deportation Defense Attorney

Any foreign national who is present in the United States without a valid visa or other travel document is considered to be unlawfully present in the country. As an illegal immigrant, they could face deportation or removal if discovered. The Immigration and Nationality Act (INA) states that any illegal immigrant who is present in the country for more than 180 days, but less than one year, and leaves the U.S. voluntarily before removal proceedings begin is ineligible for reentry for three years from the date of their exiting the country. Additionally, any alien who is unlawfully present for one year or more and leaves the country (or is deported) is inadmissible for ten years after their date of departure or removal. These are known as the three-year bar and the ten-year bar.

Exceptions & Waivers

A select few individuals in certain situations may be excluded from the three- and ten-year bars. Minors under the age of 18 are not considered for such punishment, and neither are refugees or asylees, who have protection from removal. Immediate family members of LPRs could also obtain waivers of removal if their deportation would pose extreme hardship for the LPR or citizen.

Get Legal Counsel Right Away

Only a North Carolina immigration lawyer can assist you in avoiding deportation or removal, or in obtaining a waiver for a family member in such a situation. The legal team at Brown Immigration Law has extensive deportation or removal defense experience, as well as a detailed understanding of all immigration laws. We practice nothing but immigration law, giving us extensive insight into all types of cases. Our firm has been in practice for more than four decades and can provide the excellent service you need.

Call now to schedule a consultation and review your case with a qualified North Carolina deporation defense lawyer.

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