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.
