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What is a Permanent Bar?

Under the Immigration and Nationality Act (INA), immigrants who are unlawfully present in the United States and who depart the country may be barred from returning for a period of time. Generally speaking, someone who was in the U.S. without a valid immigration status for 180 days to one year will be subject to a three-year bar. Individuals unlawfully in the U.S. for over one year can be barred for ten years.

However, many people may not realize that in some situations, an individual can be permanently barred from ever legally returning to the United States. Under INA Section 212(a)(9)(C)(i), two different types of immigrants can be permanently barred if they reenter or try to reenter the country and the following circumstances apply:

  • The individual had previously been unlawfully present in the U.S. for more than one year; or
  • The individual had previously been ordered removed from the U.S. by immigration officials – either by expedited or regular removal proceedings.

If anyone fitting the above description tries to reenter the country again without following the proper immigration procedures, a permanent bar can be put in place. You should know there are multiple ways to accrue one year of unlawful presence, including:

  • Overstaying an expired visa;
  • Violating a condition of your immigration status;
  • Entering the country without inspection.

In many cases, a person may try to sneak back into the U.S. because they have left and are subject to a three- or ten- year bar and want to get around the bar to be with their families. It is important to realize that these types of finite bars do allow you to apply for certain waivers so you can enter lawfully before the bar has expired. For example, you may obtain a waiver if you can prove that the bar causes extreme hardship to a spouse or parent who lives in the U.S. who is either a lawful permanent resident or a U.S. citizen.

On the other hand, if a permanent bar is enacted, there are few opportunities to obtain a waiver of this bar. For this reason, it is always best to consult with an experienced immigration attorney if you need assistance instead of trying to reenter without permission.

Call 201-703-9400 today for more information.

If you or a member of your family needs immigration assistance in New Jersey or New York, please contact the office of Ronald P. Mondello, Esq. Attorney at Law as soon as possible.

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Immigration Law

Are There Travel Restrictions for Green Card Holders?

Only a week after his inauguration, President Trump issued an executive order that stirred immediate controversy and confusion for many immigrants. The order titled “Protecting the Nation From Foreign Terrorist Entry into the United States” blocked entry into the United States for immigrants from seven specific countries:

  • Iraq
  • Iran
  • Libya
  • Yemen
  • Syria
  • Sudan
  • Somalia

The broadness of the order and the immediate effect without proper warning caused extensive chaos at international airports across the country. Customs and Border Protection had varying interpretations of the order and little to no time to prepare to enforce the order. They began detaining all immigrants from those countries at the airport, including green card holders who lived and worked in the U.S. and were returning from trips.

While they were ultimately allowed to re-enter the U.S. and the order has been at least temporarily halted by the courts, this nightmare situation understandably has many green card holders wondering if it is safe for them to embark on international travel.

Travel should be planned cautiously especially if you are from one of the seven designated countries. That list can be increased, however, and you may arrive in the U.S. unaware that you may be detained or barred. This is after you have already gone through the immigration vetting process and have been lawfully living in the U.S. for a long time.

Changes to the Executive Order

The Trump Administration did announce that they are working on a new version of the executive order to replace the first. This new order will specifically exempt green card holders from being refused to enter the U.S. This will allow green card holders to travel in and out of the country without repercussions.

However, you should always remember that mistakes are made and the President can change his mind, all of which could lead to harsh consequences. You should carefully consider travel plans and even discuss them with an immigration attorney prior to leaving the country.

Call 201-703-9400 today for more information.

These are uncertain times for many immigrants both in the U.S. and those who want to enter or re-enter. As the Trump administration continues to pass and amend orders and laws that affect the rights of immigrants, you can be assured that Ronald P. Mondello, Esq. Attorney at Law is staying on top of the changes and can best represent your life. Please call today with questions or concerns and for help with your case.

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Criminal Defense, Immigration Law

President Trumps Executive Order

Enhancing Public Safety in the Interior of the United States [in English for Criminal Defense Attorneys]¹

First Level of Inquiry:

What is your client’s status here?

Does that client have a “Green Card”?

Does that client have no status (snuck in, overstayed, etc.)?

REMOVABLE UPON CONVICTION

Green Card with CONVICTION No Status with CONVICTION
CIMT (within 5 years of LPR) CIMT
2 or more convictions CIMT 2 or more any kind of convictions (5 years jail aggregate)
Aggravated Felony  
Failure to register as sex offender Prostitution
Drugs/Drug Dealing Drugs/Drug Dealing
Firearm Offense  
DV and violation of TRO/FRO  
  • Green Card holders w/o any convictions are NOT removable (generally speaking).
  • Foreign nationals without status ARE removable.

“Removable Aliens” are NOW a priority if they:

a) Have been convicted of any criminal offense;

(b)  Have been charged with any criminal offense, where such charge has not been resolved;

(c)  Have committed acts that constitute a chargeable criminal offense;

(d)  Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;

(e)  Have abused any program related to receipt of public benefits;

(f)  Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or

(g)  In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.

 

 

[¹] This is a general overview and NOT inclusive of other grounds of removability like espionage, misrepresentation, etc. It is designed to cover 95% of what a NJ criminal defense attorney is most likely to encounter.

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Criminal Defense, Immigration Law

Facing Charges of Aggravated Felony?

While anyone should take any type of criminal offense seriously, criminal convictions can have even more severe consequences for immigrants. Immigrants with certain criminal convictions can be detained and set for removal or deportation. This is especially the case if the conviction was for an aggravated felony.

In New Jersey, allegations by authorities are traditionally divided into two categories – disorderly persons offenses and indictable offenses. Indictable offenses can be compared to what other states call “felony offenses.” There are then different degrees of felony charges. For example, possession of a small amount of drugs is a 4th-degree felony while murder is a 1st-degree felony. There are then some circumstances that may cause a felony to be “aggravated,” which will increase the degree of the charges and the penalties associated with conviction.

Aggravated Felonies are Different for Immigrants

The above aggravated felonies apply to citizens, as United States immigration laws set out specific offenses considered to be “aggravated felonies” for immigration purposes. Some of these offenses are as follows:

  • Drug trafficking
  • Murder
  • Rape
  • Certain firearm-related crimes
  • Sexual abuse by a minor
  • Child pornography
  • Arson
  • Money laundering (more than $10,000)
  • Tax evasion (more than $10,000)
  • Fraud (more than $10,000 in losses)
  • Violent crimes that result in more than one year in prison
  • Theft crimes that result in more than one year in prison
  • RICO crimes that result in more than one year in prison

There are additional offenses that may qualify as immigration aggravated felonies and any offense by a previously deported individual may be deemed as such.

The above offenses can result in deportation, removal, and ineligibility for asylum or naturalization. Therefore, it is extremely important to avoid a conviction whenever possible, which include guilty pleas as well as convictions at trial.

Because of the drastic potential consequences, any immigrant facing aggravated felony charges should have an experienced attorney who will take both the criminal and immigration consequences of a conviction into consideration. Too many defendants plead guilty to one of these offenses without fully realizing the implications of their decision.

In addition, if you have already pled guilty to an aggravated felony because you received inadequate information from your attorney, a crimmigration lawyer can help you seek post-conviction relief to help prevent removal or deportation.

Call 201-703-9400 today for more information.

Ronald P. Mondello, Esq. Attorney at Law fully understands the effects of criminal cases on the lives of immigrants, Whether you are facing charges or are an attorney defending an immigrant, please call our office for help today.

 

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