Unlawful presence bars can create significant challenges for immigrants seeking lawful status in the United States. These bars can prevent an individual from returning to the country for years, even if they have U.S. citizen family members or a pending immigration petition. Understanding what an unlawful presence bar is, whether it can be waived, and how the process works is essential to protecting your future. Continue reading for more information and secure the help of a skilled Astoria immigration lawyer at Monica Saran-Nace, P.C. today.
What is an Unlawful Presence Bar?
Under federal immigration law, “unlawful presence” refers to any period of time when an individual is present in the United States without having been admitted or paroled, or after the individual’s authorized stay has expired. Essentially, it is any time spent in the country without a valid immigration status. This typically occurs when a person enters the country without inspection, overstays a visa, or violates the conditions of their status.
When you are unlawfully present in the U.S. for over a certain period of time, it could trigger a bar, a penalty that prohibits you from re-entering the country for a set period. If you accrue between 180 to 365 days of unlawful presence and then leave the United States, you can be punished with a 3-year bar, meaning you cannot legally return to the country or obtain an immigrant visa for 3 years. If you accrue one year or more of unlawful presence and then leave, you will be unable to return for 10 years.
These bars were created to deter people from overstaying their visas or entering the country without authorization. Bars are part of the inadmissibility grounds under federal law.
Can an Unlawful Presence Bar Be Waived?
Yes, an unlawful presence bar can be waived under certain conditions. Eligibility depends on the specific circumstances of your situation.
For example, individuals who are not eligible to adjust their status in the U.S. must travel abroad to obtain an immigrant visa. However, if you have accrued more than 180 days of unlawful presence, leaving the country can trigger a bar. Certain immigrant visa applicants who are immediate relatives of U.S. citizens can apply for a Provisional Unlawful Presence Waiver (Form I-601A) before leaving the country to avoid the 3 or 10-year waiting period. If you are outside of the United States, a Traditional Waiver of Inadmissibility (Form I-601) may be available.
These waivers can eliminate unlawful presence as a ground of inadmissibility, permitting you to apply for an immigrant visa and lawful entry to the United States. Applicants generally must have a qualifying relative, like a U.S. citizen or lawful permanent resident, and be otherwise eligible for the visa.
To learn more about your legal rights and options, reach out to a skilled immigration attorney today.
