Trump’s threats on immigration are likely to apply to foreigners with criminal convictions. DUI is not a criminal conviction but 3 DUI carries the same risks of deportation as a criminal conviction.
Every person who has been in the USA for more than 1 year has to appear before a judge before being deported or removed.
Before any deportation proceedings, ICE asks whether the person has any grounds for fear in returning to his home country. This is an indirect question asking whether the person wants to apply for asylum. To apply for asylum one has to show that he fears persecution on account of religion, political opinion or membership in a social group. Malawi is well known for freedom of religion and political opinion. However, some people can apply for asylum based on membership in particular social group.
Persons who have been in the USA for more than 10 years and have a child or children born in the USA can, if placed in deportation/removal proceedings, apply for cancellation of removal and apply for green card. This is a process that can only be done if one in deportation/removal proceedings. One would have to prove that the child or children will suffer extreme and unusual hardship if taken to the person’s home country.
Persons who marry US citizens can apply for green cards upon showing that the marriage was contracted in good faith. Married couples who live together find the process simple. USCIS use a variety of questions to determine whether marriage is valid. Sample questions can be found at immihelp.com then click family based green cards then click fraud interview on the left
ALEX CHANTHUNYA
CHIEF ATTORNEY at ALEXANDER & ASSOCIATES
Washington D.C. Metro Area Law Practice
