How Unlawful Presence Can Result in Denied Immigration Benefits

Some people enter the United States illegally, or they overstay a valid visa. Either way, this person can accrue unlawful presence, which consists of being in the U.S. without legal status. Although this might not sound too dramatic, especially if law enforcement does not catch you, there are many downstream consequences of unlawful presence. In particular, you could end up suffering a 3-Year, 10-Year, or permanent immigration bar. Any bar could delay or prevent your return to the U.S. or obtaining a green card.

Understanding Immigration Bars

Immigration bars are penalties that can prevent someone from re-entering the United States or adjusting their status. It is entirely possible that you will not be able to adjust status and receive a green card because of unlawful presence.

The duration of the bar will depend on how long you were in the country without legal status:

• 3-Year Bar. This bar applies if you accrued at least 180 days of unlawful presence in a single stay but less than one year before leaving the country. A 3-year bar applies unless you qualify for a waiver.
• 10-Year Bar. Someone who accrues at least one year of unlawful presence will receive a 10-year ban when they leave, unless they qualify for a waiver.
• Permanent Bar. This is the most dramatic consequence. The government can issue a permanent bar to anyone deported who then enters unlawfully, or if they were without legal status for more than a year and attempts to re-enter without being admitted or parole.

Is there anything you can do if you are subject to a bar? Possibly. Work closely with an attorney.

Some non-citizens can receive waivers.  For example, you might seek a waiver of a 3-Year or 10-Year bar if you can show that leaving the U.S. would cause an extreme hardship to a qualifying family member. You might also receive a waiver if you have an immediate family member who is a citizen or lawful permanent resident and you intend to leave the country to seek a visa.

Obtaining waivers is not easy, and you shouldn’t feel that you will automatically receive one, even if you believe a family member will suffer hardship. An attorney can help with proving “extreme hardship” to the immigration authorities, which can boost your chances.

Someone with a permanent waiver bar has a much more challenging path ahead of obtaining any type of relief. You should reach out to our office to discuss what needs to happen. Many people with permanent bars must leave and stay outside the U.S. for 10 continuous years before they can even hope to re-enter the U.S.

Consult an Immigration Attorney Today

Many non-citizens are surprised when immigration bars finally catch up with them. Maybe you lived in the U.S. for years without legal status, only to now realize you cannot re-enter. Call The Law Office of Jason M. Sullivan, PLLC. An experienced Portsmouth, New Hampshire immigration lawyer can discuss options. We also help those in Miami, Florida.

Source:

uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility