Why Smuggling a Relative Can Get You Deported or Denied a Green Card

If you live in the U.S. as a green card holder, citizen, or don’t quite have a status yet, you know how important the immigration process is. It is not uncommon for you to miss family and friends or want them to join you. At Grey Law Immigration, we are advocates for bringing and keeping families together. However, the visa categories surrounding immigration are limited and have a long waiting period.

In America, U.S. Citizenship and Immigration Services (USCIS) expects you to have a firm understanding of laws and policies. As a newcomer, you might not know there are no alternative ways to work around the system, like secretly transporting relatives across the border. It can hurt your chance of immigrating or cost you your citizenship if you get caught. Instead, it is best to contact our law offices of immigration in Los Angeles. Our immigration defense attorney would encourage them to apply anyways, although the waiting period can seem unfair.

What Is Alien Smuggling?

The legal term for helping a loved one enter the country illegally is called “alien smuggling.” Keep in mind that you are liable even if you aren’t physically bringing them in and:

• Encourage
• Induce
• Assist or aid.

The following actions would get considered as smuggling in court:

• Paying for a coyote or “smuggler” to transport them (typically hidden in a van or the trunk of the car) is frequently practiced.
• Sending money abroad to a family member for smuggling purposes – like hiring someone to help them across the border
• Falsifying papers or documents, like a passport or birth certificate to use when they illegally enter the country
• Driving someone across the border without any legal documentation for entry

An attorney for criminal immigration defense would consider the following circumstances as alien smuggling:

• If the smuggler and illegal immigrant don’t get caught for crossing the border,
• And if the mission was unsuccessful.

Whether you send money to contribute toward the journey, it’s enough to tarnish your immigration record and hurt your chances of remaining or becoming a permanent resident.

How Exactly Does Smuggling Impact Your Immigration Plan?

Smuggling a family member would impact your status significantly, requiring help from a criminal defense lawyer in LA. Read on for more insight:

Applying for permanent residence: Any immigrant that aided or supported a loved one to enter the U.S. is inadmissible in court. That means you wouldn’t be able to apply or receive any visa, even once you become eligible.

Applying for U.S. citizenship: Having and being able to demonstrate “good moral character” is one of the requirements to naturalize and become a citizen. After November 29, 1990, any conviction of alien smuggling is considered an “aggravated felony.” From that point on, you would completely lose your chance.

Immigration attorneys in Los Angeles might have a chance to help if you did not get fully convicted. However, you can still get barred, even if you were in good standing five years preceding your visa application.

Living undocumented in the U.S.: As an undocumented immigrant, you’re already at risk of deportation. With this violation, you’d give immigration authorities a reason to remove you. Once removed, it can be challenging getting back and qualifying for other immigrant visas.

Obtained a visa or green card: If you already have a green card, you can still get deported for smuggling a relative. In these legal circumstances, it’s best to hire a Los Angeles lawyer for obtaining a green card with a criminal record. If, for example, this occurred several years ago and you showed a change in moral character, we might be able to leverage it in your case, although the outcome rules against you.

Smuggling Waiver

There is a limited waiver available for permanent residents, green card holders, and other applicants that helped a spouse or child enter the country. It’s only available for immigrants who can prove it was for humanitarian purposes to unite the family, and it is of public interest. It is not applicable for other circumstances. In California, it cannot halt deportation proceedings or show good moral character.

Reach Out to an Experienced Attorney from Grey Law Immigration

At Grey Immigration, attorney David Grey provides experienced representation to safeguard your rights through the immigration process. Smuggling is a serious offense, but we can help you preserve your chance at citizenship. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.