The US immigration process is a long and complex process that can be a headache if you do not use an experienced immigration lawyer. One of the risks is being designated “inadmissible.” This effectively bars the entry or re-entry of an immigrant to the United States under various grounds, such as unlawful presence, health concerns, economic offenses, and criminal charges.

However, this does not mean the end of your chance to obtain a non-immigrant visa or seek permanent residence status. There are waivers that a person can claim to overturn the decision and make them admissible. Consult us to learn which specific conditions allow waivers and what type of waiver is applicable to your case.

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3. Even if you are innocent and deny you are guilty and mostly tell the truth, you can easily get carried away and tell some little lie or make some little mistake that will hang you. In stressful situations, people often start to give a great deal of information. Even if they are innocent, people may unintentionally lie about a small detail when going on and on, and that mistake could be used to obtain a conviction.

Example: Most clients are very nervous when they are questioned or arrested by the police. He told the police officer that he was not even in town the day an alleged burglary occurred. It turns out that the truth was that he came back into town that day. He did not intentionally lie, but he was mistaken about the time frame he returned. In his own mind, he was not in town that day, yet he came back that day well within the stroke of time when the burglary occurred. He gave himself the opportunity to commit the crime, and that was used to help convict him.

4.  Even if you are innocent and only tell the truth, you will always give the police some information that can be used to help convict you. People often get intimidated or nervous when speaking to the police or detectives and start to tell everything. Even if they are innocent, if one thing could be harmful, the police will use that one statement or action to obtain a conviction. Even truthful responses may provide the government with incriminating evidence.

Example: Many clients that will admit a negative relationship with someone, which then helps the state prosecute then. Several examples include when someone indicates they had been fighting with the alleged victim or had a financial dispute or that they simply didn’t like the alleged victim. Imagine a person who had a long-standing feud with a neighbor. The discussion about that feud with the investigating officers of the Georgia Bureau of Investigation (GBI) was used in a presentation of motive against our client. Although motive is not necessary to achieve a conviction, it certainly does not hurt when they do not have other evidence.

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E-mail us at info@lawrencelegal.law; or 

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1. Talking to the police cannot help you. While this seems contradictory, why wouldn’t it help if I tell the truth, evidence shows that it actually never helps. Police officers and investigators will tell you that they have never had a case where someone talked his or her way out of getting arrested. It just doesn’t happen! In the Federal Rules of Evidence 801(d)(2)(a), it explains when evidence can be admitted. It is interesting to note that the words you use can be used against you but never used for you. 

   Example: We recently spoke to a woman who was charging her boyfriend with assaulting her. During her conversation with the police, the police officer determined that she was potentially stalking her boyfriend. This determination exposed her to criminal liability, and she was later criminally charged herself. 

2. If you are guilty- or even if you are innocent- you may admit your guilt with no benefit in return. Even if you are guilty, there is plenty of time to admit your guilt. People plead guilty every day across the United States. Just because you did not admit your guilt to the police officer does not mean there will not be more chances. Waiting to admit guilt can help you obtain a lower sentence or time to work out a plea agreement. Further, you never know what proof or evidence the police have. They may not have any evidence against you. A confession at the beginning guarantees a conviction with nothing in return for you. Wait to get a lawyer first and let them set up an agreement where you get something in exchange for accepting responsibility for the offense.

   Example: Someone was accused of being involved in a hit and run. It turned out that the police had very little evidence that it was this person, except for a description of the car that hit the victim: a red Ford F150. This is a very common car and vehicle color yet by talking to the police; unfortunately, she gave them everything they needed to convict her. 

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

Many people know this as the “10 year law.” It allows the Attorney General, an Immigration Judge, or the Board of Immigration Appeals to cancel the removal of a non-permanent resident from the U.S. if:

1. He has been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable to persons who have served a minimum of 24 months in the U.S. Armed Forces, was present in the U.S. during his enlistment or induction, and is either serving honorably or has received an honorable discharge.) “Continuous” means that the person can not be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.
2. He has been a person of good moral character for ten years;
3. He cannot be inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds).
4. He established exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent or child. (Note: not hardship to the applicant).

Cancellation of Removal for Battered Spouse

A battered spouse must firstly be put into deportation (or “removal” under the new law) proceedings. She must demonstrate three years of continuous physical presence in the United States, instead of ten years as applicable to other individuals. Time toward the three-year period would accrue even after she received the notice to appear for the removal hearing. This is different than the one that applies to other individuals where physical presence in the United States terminates upon service of notice or commission of a criminal act.

The applicant for cancellation must demonstrate good moral character and must not be inadmissible under:

1. Section 212(a)(2) – criminal and related grounds
2. Section 212(a)(3) – security and related grounds
3. Section 237(a)(1)(G) – marriage fraud
4. Section 237(a)(2) – criminal offenses
5. Section 237(a)(3) – document fraud
6. Section 237(a)(4) – security and related grounds

The applicant, furthermore, must not have been convicted of an aggravated felony.

Most difficult is the requirement that the applicant demonstrate that removal would result in extreme hardship. While the battered spouse or child has to demonstrate “extreme hardship”, others need to show “extreme and unusual hardship.” Unlike in the cancellation of removal for other individuals who have to show “extreme and unusual hardship” to a citizen or resident relative, extreme hardship alone to the battered applicant would suffice.

To discuss the specifics of your case, call us at 678.324-8511 or e-mail at info@lawrencelegal.law today to learn more.