Miscellaneous

Where does the permanent bar for immigration come from?

Where does the permanent bar for immigration come from?

The permanent bar comes from Section 212(a)(9)(C)(i) of the I.N.A., which makes inadmissible “Any alien who (I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or (II) has been ordered removed under section 235(b)(1) , section 240 , or any other provision of law,…

When do you have a permanent bar on reentry?

You have a permanent bar on reentry from the date of your removal if: You were convicted of an aggravated felony. [INA section 212 (a) (9) (A) (ii)].

Is there a waiver for the permanent bar?

Even though the permanent bar states “permanent,” a waiver is available. A waiver is like asking for forgiveness or a pardon. In the case of the permanent bar, you must wait 10 years outside of the U.S. before you are eligible to apply for a waiver.

Is there a waiver for married US citizens?

No waivers are available for a permanent bar but there may be other options depending on your circumstances. Thankfully, if you are married to a U.S. citizen but were deported there is a waiver available for you to reenter the United States. There are countless couples who are in this exact situation all over the world.

Can a person with an unlawful presence bar be admitted to the US?

Be admitted to the United States at a port of entry. If you are subject to the 3-year or the 10-year unlawful presence bars, you may receive a visa and/or be admitted to the United States if you apply for and receive a waiver of inadmissibility.

The permanent bar comes from Section 212(a)(9)(C)(i) of the I.N.A., which makes inadmissible “Any alien who (I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or (II) has been ordered removed under section 235(b)(1) , section 240 , or any other provision of law,…

You have a permanent bar on reentry from the date of your removal if: You were convicted of an aggravated felony. [INA section 212 (a) (9) (A) (ii)].

Even though the permanent bar states “permanent,” a waiver is available. A waiver is like asking for forgiveness or a pardon. In the case of the permanent bar, you must wait 10 years outside of the U.S. before you are eligible to apply for a waiver.