Illegal Aliens and Immigration Law
Illegal Aliens and Immigration Law
Illegal Aliens – 3 and Ten Year Bars
Minnesota Immigration Lawyers
The Immigration and Nationality Act (INA) section 212(a)(9)(B)(i) bars certain immigrants from returning to the United States if they accrued unlawful presence, i.e., had been in the U.S. illegally. This means that if you have been in the U.S. illegally and then leave the country, you could be prevented from returning for many years. This applies no matter whether the USCIS knows that you had been in the country illegally or not. If you admit to getting in the U.S. illegally or the Immigration Service learns of it, the bar applies.
What are the immigration bars?
If you had been in the country illegally for but much less than 1 year and then leave, you are barred from returning for three years. If you were in the U.S. illegally for and you leave, you will be barred for ten years. In addition to the three and 10 year bars, there is also a permanent bar you need to know about.
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Permanent Bar – INA section 212(a)(9)(C)(i) permanently bars you from returning to the U.S. if you were previously in the U.S. illegally for a year or a lot more, or had been deported, left the country, and attempt to return without having a appropriate visa. Any person in this scenario cannot even seek a visa to return for at least ten years. Soon after the ten years has passed, you would still require a waiver to return the visa issuance is not automatic merely since you stayed out of the country for ten years.
What should I do?
Call an immigration attorney ahead of you leave the United States to discuss any probable bars on returning in the future. As you will see from the info above, it is the departure from the United States that triggers these immigration bars. This means that if we can fix your immigration status from inside the U.S., the bars would not apply. Not all violations of the immigration law make 1 topic to these bars and consequently, an analysis of your scenario is needed. In some instances there are waivers available that would permit you to come back just before the 3 or ten year bar is reached, but waivers are beyond the scope of this article.
Minneapolis Immigration Lawyers can be reached at www.cundyandmartin.com .
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