The Definition
Inadmissibility refers to legal grounds that prevent an individual from entering the United States. This term is commonly used in immigration law to describe specific reasons that disqualify someone from gaining entry. Of these barriers ‘The permanent bar’ is unique and weighs much heavier than the rest. It will be an albatross that will apply to green card applicants as well as most short-term or what is termed as nonimmigrant visa applicants.
Legislative Basis
The permanent bar comes from section 212(a)(9)(C)(i) of the INA. It defines inadmissibility as any alien who (i) has unlawfully stayed in the U.S. for over one year or (ii) has received a removal order under section 235(b)(1), section 240, or any other law and seeks to reenter the U.S.
Application of the Permanent Bar
For that purpose, it will be useful to discuss the application of the concept concerning an example. For example, if a person entered the US immorally from Mexico and lived there for one year and then visited his/her home country for some time only to try crossing the border towards the US again this time the second time. In any case, irrespective of the outcome of this second try, the individual automatically becomes inadmissible under this section. Often, individuals can enter the U.S., spend several days or weeks there, and return. Even if their total time in the country exceeds one year, they still satisfy the “aggregate” condition.
The permanent bar applies to individuals who fraudulently entered the U.S. or misrepresented themselves and then left, as well as those who were removed or deported and later tried to re-enter without proper admission.
Deciphering “Unlawful Presence”
To comprehend the permanent bar it is imperative to define the term unlawful presence. In general terms, it relates to persons who entered the United States. This is usually evident among those individuals who entered the country illegally (for instance, by stealth) or those who entered the country legally but then overstayed their visas. This includes foreign nationals with temporary permission to be in the U.S. (whether through a visa or the Visa Waiver Program), but who have remained beyond the terms of their permit legally.
Some argue that the non-reviewable exceptions for unlawful presence also apply to the permanent bar, given its basis in inadmissibility grounds like the three- and ten-year bars. For example, exceptions exist for children or individuals who haven’t finished their refugee status process. However, these arguments have not succeeded so far. For the second legal requirement, consult an immigration lawyer who stays updated on the latest regulations in your jurisdiction.
The only two existing exceptions related to timing Stemming from federal rules cooperative procedures are the permanent bar effective date of April 1, 1997. First, a person who entered the United States before this date and left because of a previous deportation is not covered by the permanent bar. Second, the one-year aggregate period does not apply to any unlawful presence accumulated before April 1, 1997, when the IIRIRA Act went into effect.
Is the Permanent Bar Truly Permanent?
Unlike most other grounds that can be waived or invalidated within certain periods, the permanent bar presents a more significant hurdle. However, it is not impossible to overcome with human ingenuity and innovativeness.
According to the act, it is stated that those who are liable to the permanent bar may apply for their readmission into the U. S after waiting for at most ten years. I should note that one must complete not only ten years of study but also ten years in another country besides the United States. However, if an individual stands to apply for a visa or a green card after this waiting period, filing such an application through normal channels is inadequate.
In cases where a green card applicant intends to reapply after a refusal, USCIS requires consent through a form, Form I-212: Permission to Reapply for Admission. Whenever the applicant for a nonimmigrant visa, one must have to undergo an exercise of discretion.
Furthermore, if the case concerns VAWA self-petitioners, then a permanent bar shall apply to removal or keep-out if the individual can prove an association between prior abuse or extreme cruelty and actions including removal, departure from the United States, reentry, or any attempts at it.
Seeking Legal Guidance
If you think you might be eligible for a visa or green card but face a potential permanent bar, consult an immigration lawyer. It is not easy to decide whether the bar plus affects your eligibility: a legal professional may help evaluate your situation and develop a course of action to begin this process to achieve a visa or green card, considering this obstacle.
In conclusion, the immigration bar is one of the toughest legal barriers that people face when trying to stay in the United States. Anyone navigating the complex world of immigration law must understand the context, exceptions, and ways to seek relief from its requirements. Before making any particular decision in this sphere, it is better to turn to an immigration attorney who will suggest the most effective course of action based on the details of your case.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an F-1 Student Visa or B-1/B-2 Visitor Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
