Posts tagged Unlawful Presence
What are the Most Common Reasons I May be Denied from Legally Entering or Being Admitted into the United States?

If you are a non-citizen seeking entry or admission into the United States, whether on a temporary (i.e., non-immigrant) or permanent (i.e., immigrant) basis, one of the most important factors to take into consideration is whether you are subject to any "grounds of inadmissibility," and therefore, at risk of being denied entry into the U.S. Under the Immigration and Nationality Act ("INA"), the U.S. Congress has specified these grounds of inadmissibility as categories of actions, offenses, conditions or circumstances that if applicable, will disqualify you from being eligible for visas or admission into the United States. While some of these grounds allow an individual to apply for a waiver, there are others that act as a complete and total bar to lawfully entering the U.S.  Furthermore, it's important to note that not all individuals qualify for a waiver, even if one is available.

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The I-601A Provisional Unlawful Presence Waiver: Seeking Relief from the 3-Year and 10-Year Bars to Admissibility.

If you are a noncitizen living in the United States and do not currently have lawful status or permission to legally live and work in the U.S. (greencard, DACA, TPS, etc.), there is a strong likelihood that you are accruing unlawful presence. Unfortunately, if you have accrued between 180 days to one year or more of unlawful presence, you've effectively triggered the 3-year and 10-year bars to admissibility. This means that without a waiver, you may not re-enter or attempt to re-enter the U.S. before waiting the allotted time period. For those who are eligible, the I-601A Provisional Unlawful Presence Waiver is a necessary step in overcoming unlawful presence and qualifying for lawful permanent residence status in the United States.

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Unlawful Presence and the Permanent Bar: Is it Really Permanent?

So how is the permanent bar triggered? Well, an individual will trigger the permanent bar if they have left the United States after accruing more than one year of unlawful presence and then attempt to re-enter the U.S. without proper inspection, whether or not they are successful. The permanent bar may also be triggered if an individual departs the U.S. (either voluntarily or not) with an outstanding removal order and subsequently attempts to re-enter the U.S. without proper inspection, whether successful or not.

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Immigration Basics: What is "Unlawful Presence," How Does it Affect My Application and What Are the Consequences?

On April 1, 1997,  the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), a harsh and extremely restrictive anti-immigration law took effect, which has left a dramatic impact on families and businesses for decades to come. Amongst the many restrictive provisions of IIRIRA, Congress established the concept of unlawful presence, which is defined as the period of time when you are in the United States without being admitted or paroled or when you are not in a "period of stay authorized by the Secretary."

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