Many foreign citizens who have visas to lawfully live, work, and study in the United States are suddenly finding themselves facing removal (also commonly referred to as deportation). In many cases, foreign visa-holders are being detained by Immigration and Customs Enforcement (ICE) officials and being held pending removal. If you are facing removal, you have clear legal rights, and you should seek help from an experienced New Jersey immigration lawyer as soon as possible.
Here are some important facts for foreign visa holders who are facing removal from the United States:
Visa Holders Can Face Revocation and Removal on Several Grounds
Under U.S. immigration laws, visa holders can face revocation and removal on several grounds. If your visa has been revoked and you are now facing removal (or if you are facing removal despite having a valid visa), it is essential to determine the specific reason the government is seeking to expel you from the United States. Generally speaking, some of the most common grounds for removal of visa holders (and former visa holders) include:
- Disqualifying criminal convictions
- Immigration fraud (or improperly obtaining a visa to enter the U.S.)
- Overstaying a visa
- Presence without authorization (or “unlawful presence”)
- Unauthorized work
Recently, however, the federal government has been targeting many foreign visa holders under a 1952 immigration statute that was enacted to prevent communists from entering the U.S. during the Cold War. Under this statute, the U.S. government has the authority to remove "an alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States."
The Trump Administration has been using this statute, the Immigration and Nationality Act of 1952, to target foreign visa holders who are not otherwise subject to removal. This includes targeting students who participate in campus protests and other forms of activism. For example, regarding the highly publicized case of Columbia University student Mahmoud Khalil, NPR recently reported:
“[I]n order to determine the detention and deportation of Mahmoud Khalil, Secretary of State Marco Rubio wrote, ‘I have determined that the activities and presence of these aliens in the United States would have potentially serious adverse foreign policy consequences.’ The memo repeatedly cites the Immigration and Nationality Act.”
These efforts have created a significant amount of uncertainty for foreign visa holders, and as discussed below, they are currently facing challenges in court. For now, however, visa holders must consider the very real possibility that they could face removal proceedings despite not having violated U.S. law.
You May Be Able to Seek Asylum to Avoid Removal
If you are facing removal as a current or former U.S. visa holder, you may be able to remain in the United States by seeking asylum. This option is available to anyone who fears persecution or torture in their home country—including those who are facing expedited removal without a criminal conviction or a violation of U.S. immigration laws.
In appropriate cases, seeking asylum can serve as an emergency measure to avoid imminent deportation from the U.S. An experienced New Jersey immigration lawyer can determine if you are eligible to seek asylum, and if so, your lawyer can assist you with navigating the process.
You May Also Have Other Defenses to Removal
Along with seeking asylum, current and former U.S. visa holders may also be able to avoid removal through other means. Some examples of other possible defenses to removal include:
- Disputing the grounds for revoking your visa or seeking your removal
- Seeking a cancellation of removal
- Seeking a waiver or withholding of removal
- Filing for an adjustment of status
- Asserting your constitutional rights
If you are facing removal as a U.S. visa holder (or former visa holder), the options available to you will depend on the specific circumstances of your case. Depending on your specific circumstances, it may also be worth considering a voluntary departure, which could preserve your ability to return to the U.S. in the future. Here, too, an experienced New Jersey immigration lawyer can help you make an informed decision and then take appropriate action on your behalf.
In This Situation, You Need to Be Very Careful
Regardless of the specific circumstances you are facing, you need to be very careful. The U.S. immigration system is complex, and with the current focus on removal, many foreign citizens are suddenly and unexpectedly finding themselves in unfamiliar and high-risk situations. While you have clear legal rights, it is up to you to assert them effectively, and if you don’t, you could find yourself facing removal despite having clear grounds to remain in the United States. To protect your legal rights and make sure you avoid mistakes that could unnecessarily jeopardize your U.S. immigration status, we strongly recommend consulting with a New Jersey immigration lawyer as soon as possible.
The Legality of Efforts to Remove Visa Holders is Being Challenged
Currently, the Trump Administration’s efforts to remove visa holders under the Immigration and Nationality Act are being challenged in court on First Amendment and other grounds. It will take time for these cases to be resolved, and some of them may ultimately reach the U.S. Supreme Court through the appellate process. For now, however, the administration is continuing to press forward with its removal efforts, and visa holders facing removal will need to consult with their lawyers about the options available to them.
Schedule a Confidential Consultation with a New Jersey Immigration Lawyer at Helmer, Conley & Kasselman, P.A.
If you have (or previously had) a U.S. visa and are now facing removal from the United States, we encourage you to contact us immediately for more information. We can help you understand your options and take appropriate legal action under the circumstances at hand. To speak with an experienced New Jersey immigration lawyer at Helmer, Conley & Kasselman, P.A. in confidence as soon as possible, call 877-435-6371 or tell us how we can reach you online now.
