Former INS Attorney Carl Shusterman (1976-82) discusses the 3 and 10 year unlawful presence bars and I-601 waivers. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html
Persons who have accumulated 180 days or more of unlawful presence after April 1, 1997, and have then leave the country, cannot return to the US for 3 years. Persons who have accumulated one year or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the US for 10 years. Persons who illegally return to the US without seeking a waiver must wait outside the US for a period of 10 years before they can apply for a waiver. The same rule applies to persons who illegally reenter the US after being deported.
A person can accumulate unlawful presence by (1) entering the US without inspection; (2) by overstaying the expiration date on his I-94; or (3) by violating his status if he is notified by the government that he has done so.
Persons who commit fraud Immigration Lawor a material misrepresentation are barred from the US for life unless they obtain a waiver.
A waiver may be obtained by submitting Form I-601 waiver to the USCIS and demonstrating that the person’s US citizen or permanent resident spouse or parent(s) would suffer “extreme hardship” unless the person was granted a waiver.
The definition of what constitutes “unlawful presence” is extremely complex. So is the determination of what is “extreme hardship”.
For example, if a person was admitted to the US as an F-1 student or a J-1 exchange visitor "D/S" (Duration of Status), he does not accumulate "unlawful presence" and is not subject to the 3/10 year bars because he did not overstay the date that he was supposed to leave the US even if he remained unlawfully in the US for years after he completed his program.
For more information, see our Unlawful Presence Bars & Waivers page at http://shusterman.com/unlawfulpresencesimmigrationbars.html
No comments:
Post a Comment