Unlawful Presence and Re-entry Bars: What You Need to Know
For many individuals navigating the U.S. immigration system, terms like “unlawful presence” and “re-entry bars” can be confusing – and downright intimidating. But understanding what they mean, how they apply, and what options exist is critical if you or a loved one is facing immigration issues.
At dePaz Cabrera Immigration Law, we provide crucial support in understanding the legal intricacies, compiling necessary documentation, and presenting persuasive cases for unlawful presence and re-entry waivers.
What Is “Unlawful Presence?”
“Unlawful presence” refers to the time an alien spends in the United States without legal authorization.
According to U.S. immigration law, individuals typically accrue unlawful presence in two primary ways:
- Overstaying a Visa: For example, if someone enters the U.S. on a tourist visa and stays beyond the permitted date.
- Entering without inspection (EWI): In other words, crossing the border without being legally admitted or paroled by a U.S. immigration officer.
Generally speaking, unlawful presence starts accruing once a person is 18 years old or older and is present in the U.S. without lawful status.
The 3- and 10-Year Re-entry Bars
The consequences of unlawful presence become particularly serious when a person leaves the U.S. – that’s when the re-entry bars kick in:
- 3-Year Bar: Triggered if you accumulate more than 180 days but less than one year of unlawful presence and then leave the U.S.
- 10-Year Bar: Triggered if you accumulate one year or more of unlawful presence and then depart the country.
- Permanent Bar: There’s also a permanent bar for individuals who have accumulated more than one year of unlawful presence in total (in single or multiple stays) and then re-entered or attempted to re-enter the U.S. without being admitted (i.e., entered unlawfully).
Re-entry bars have severe implications, making it crucial for individuals to be aware of their immigration status. The three-year, ten-year, and permanent bars restrict individuals from returning to the U.S., disrupting their personal lives, employment opportunities, and family relationships.
Are There Waivers Available?
Yes. Some individuals may apply for a waiver of inadmissibility, allowing them to re-enter the U.S. before the 3- or 10-year bar expires.
To qualify, they typically must show that their absence would cause “extreme hardship” to a qualifying U.S. citizen or lawful permanent resident relative (like a spouse or parent).
There’s also a Provisional Waiver (Form I-601A) process that can be pursued before leaving the U.S. – a helpful option for many individuals facing the bars but otherwise eligible for legal status.
These waivers require strong evidence and compelling arguments, highlighting the importance of skilled representation by immigration attorneys.
Talk to an Immigration Attorney Today!
If you or someone you know faces issues related to unlawful presence or re-entry bars, immediate action is vital. Consulting our experienced team at dePaz Cabrera Immigration Law ensures that you understand your legal rights, potential remedies, and optimal strategies for addressing your immigration concerns. Call us today to secure the help you need and take proactive steps toward resolving your immigration status.