Consequences of Illegally Crossing the Border

There are several pathways you can use to legalize your stay in the United States after crossing the border illegally. If you don’t find a suitable path to remain in the U.S., you can face serious consequences ranging from deportation to jail. Obtaining legal status ensures a more stable and secure stay in the U.S. To aid in your quest for legal status, immigration attorneys at Kats Immigration Law in New York City offer guidance. Discover different pathways for staying in the country, such as asylum or a work visa. Call today to get their assistance.

What’s Considered Illegal Border Crossing?

An illegal border crossing is any entry into United States territory without permission from the government. It also means that you haven’t undergone an inspection of your documents by government officials responsible for overseeing border control. It’s an offense with serious consequences that could include:

• Detention
• Fines
• Deportation
• A jail term
• Banned from further legal entry into the U.S.

Continued stay in the U.S. after an illegal crossing remains unlawful regardless of how long you’ve been in country if you don’t take steps to attain legal status. Kats Immigration Law in Brooklyn and Manhattan is a reputable immigration firm that works with people facing immigration difficulties. In addition to a wealth of other immigration resources, they offer services if you’re facing legal action because of entering the U.S. illegally.

What Are My Rights if I’m Detained for Crossing the Border Illegally?

You have some guaranteed rights regardless of your status in the U.S. These include the right to remain silent and avoid self-implication. You also have the right to legal services. Your attorney ensures you exercise your right to due process. The government is also obligated to treat you in accordance with international standards set for handling refugees.

Alina Kats, lead attorney at Kats Immigration Law, offers assistance to people in detention for illegal border crossings. Removal defense strategies she and her team may employ include:

• Applying for asylum and withholding of removal if you came to the U.S. for refuge from persecution
• Cancellation of removal
• Applying for a U visa if you’ve suffered abuse as a victim of crime
• Appealing for treatment outlined in the international Convention Against Torture
• Adjusting your status to allow you to stay in the U.S.
• Challenging the legality of the immigration process used in your case

How Does Withholding of Removal Prevent My Deportation?

Withholding of removal offers you relief from deportation because it prohibits your deportation or return to a country where you’re in danger of persecution. This relief has stringent eligibility criteria. You must be physically present on U.S. territory, even if you entered illegally. You must also show you’re in danger of being tortured or persecuted based on a certain list of asylum claims.

If your NYC attorney believes you qualify for withholding of removal to delay and block your deportation after an illegal border crossing, they can intervene by:

• Gathering evidence to support your claims about fears of persecution
• Representing you in immigration court
• Filling applications including the Form I-589

How Can I Use Cancellation of Removal to Stay in the U.S.?

Cancellation of removal is also a relief in the immigration law that blocks your deportation if you have significant connections in the U.S. You can claim this relief if you’ve stayed in the country after an illegal crossing for at least 10 years without a criminal record. You must also show you’ve developed significant connections such as starting a family, and that your deportation would bring unusual and exceptional hardships to them as U.S citizens.

You also may be eligible to remain in the country if you’ve been working and your employer agrees to support an employment-based immigrant application. You also may qualify for this immigration path if you can prove that you have a significant talent or set of skills that support the U.S economy or that you’ve made considerable investments in the country. Attorney at Kats Immigration Law help you receive a cancellation of removal by deploying several tactics, including:

• Gathering documentation to prove you’ve been a valuable contributor to society, such as church membership and business relationships
• Presenting proof of significant connections, like your children’s birth certificates
• Preparing witnesses to support your character as a valuable member of the community

How Does Convention Against Torture Help Me?

The Convention Against Torture is an international treaty designed to protect you against torture and cruel treatment if you’re detained after crossing the border illegally. The U.S. is a signatory to this treaty and is obliged not to return, expel or extradite you to a country where you’re in danger.

As such, U.S. immigration officials are also under obligation to treat you fairly and humanely even as an illegal immigrant. Kats Immigration Law lawyers can leverage the Convention Against Torture to assist your case by:

• Presenting documentation of evidence that you’re in danger of torture and cruel treatment in your home country
• Filing an application for asylum and withholding of removal on the foundation of this convention
• Representing you in court to argue your need for protection on the basis of this convention

Crossing the border illegally is not an easy choice or undertaking and comes with great legal risks. The good news is that there is still hope of a brighter future if you can legalize your stay in the U.S. It’s a challenging and complex task that requires competent legal help.

Kats Immigration Law helps you seek the protections the law affords you even as an illegal immigrant. They also guide you on legalizing your stay using the most optimal immigration pathway. Contact Kats Immigration Law today and take your first step in securing your stay in the US.