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ENEWS MAILING LIST |
"I feel grateful for the help I've had early in my career from
the likes of Harry Gee, Harry Joe, Laurier McDonald, Bob Shivers
and Charles Foster. In the spirit of mentorship, I invite all
attorneys to join my mailing list by clicking below. Enews
seeks not to duplicate the mailings of AILA national but to
provide subscribers with information that they might not see in
other places. It is easy to sign in or log off. I invite you
to try."
Enews Mailing List
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LIGHT PRESS |
For children’s books, music, adult English as Second Language
educational materials, citizenship education books, videos and educational
software
Please visit
StarLightPress.com
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DISCLAIMER |
This information provided is not intended to replace the advice
of an attorney but is merely provided as a public service. Each
immigration case is different. For more information, consult with
Thomas Esparza, Jr., Board Certified Specialist
in Immigration and Nationality Law with more than 29 years of experience.
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> Other Information
UNLAWFUL PRESENCE IN THE UNITED STATES
IMMIGRATION VIOLATIONS AND THEIR CONSEQUENCES
The immigration act renders inadmissible, certain immigrants and
non-immigrants that have been unlawfully present in the United States
after April 1, 1997.
Permanent Bars Foreign nationals that have been
ordered removed from the Unites States and that have entered or
attempted to re-enter the Unites States illegally after April 1,
1997, are inadmissible and therefore, subject to a life time bar
from entering or immigrating into the United States. There is no
waiver or relief available for this lifetime bar.
3 Year Bar A foreign national that was unlawfully
present after April 1, 1997, for an aggregate period of 180 days
is subject to a 3-year bar to re-enter either as an immigrant or
visitor.
10 Year Bar A foreign national that was unlawfully
present after April 1, 1997, for an aggregate period of more than
1 year is subject to a 10-year bar to re-enter either as an immigrant
or visitor.
90 Day Rule An alien applying for an immigrant visa that
has been in the United States is ineligible to receive an immigrant
visa for 90 days following departure from the United States unless,
at the time of departure the alien was maintaining a lawful non-immigrant
status.
Waivers Someone who is inadmissible to the United
States may not legally enter the United States unless a waiver of
inadmissibility is granted. There are many exceptions and special
rules to consider when calculating the period of unlawful presence
for purposes of the 3-year, 10-year, and permanent bars under the
new laws. Aliens seeking consent to reapply for admission prior
to the expiration of the ineligibility period must have a waiver
of inadmissibility. A waiver is the INS consent to return to the
United States. Only spouses and children of U.S. citizens and lawful
permanent residents are eligible for the waivers of inadmissibility.
Parents of U.S. citizens and permanent residents do not qualify.
The consequences for unlawful presence can be devastating to the
foreign national seeking to enter the United States. Therefore potential
immigrants and non-immigrants should pay careful attention to this
issue alike.
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