In the complex structure of the immigration law in the United States, the idea of unlawful presence is an important issue to consider, since it can affect many people. Authorization is another important factor where unlawful presence, commonly known as ‘time bars’ may considerably hinder those who have been in the US unlawfully. The goal of this article is to help give a clear explanation of these three- and ten-year time bar provisions, discuss the possible exceptions and waivers eligible for the time bars, and cast light on how to deal with this also rather intricate branch of immigration law.
The Legislative Framework
In the late 1990s, congress passed measures aimed at punishing the ‘aliens’ who lived in the US unlawfully, that is, without permission in the form of a visa, a green card, or an official permit to be in the United States from the immigration department. These measures led to the time bars, being officially called the three- and ten-year bars under the I. N. A., Section 212 (a) (9) (B). According to section 212 (a) (9) of the Immigration and Nationality Act, the validity of these bars is calculated by the number of unlawful presences a person has made in the U.S.
Duration of the Time Bars
Three Years: For instance, if an individual violating the immigration rules spent less than 180 consecutive days in the U. S. and leaves the territory voluntarily without being detained the person will free himself for three years from the ban and cannot return to the U.S.
Ten Years: Any influx who stayed in the U. S. for more than a year continuously without lawful authorization, can face a ten-year bar, regardless of their departure context, including deportation.
Applicability of the Time Bars
It is important to realize that such kind of time bars only entail green card applicants who are outside the U. S and willing to stand for green cards. This has not much impact on the green card applicants who are already in the U. S thereby leading to adjustment of status with the USCIS. The following however may compel applicants to seek immigrant visas and green cards through the U. S. consulates abroad.
The Role of Provisional Waivers
The good news, however, is that for some individuals, USCIS allows them to apply for such waivers before they depart from the United States. This is explained in the piece titled “Who Is Eligible for Provisional Waiver of Three- or Ten-Year Time Bar,” as it enables one to apply for a waiver from USCIS, especially in cases where the applicant does not require a waiver for any other grounds of inadmissibility.
The Element of the Unlawful Presence Time Bar Law
Loopholes and Exceptions
The law contains specific exemptions and exceptions, including:
In general, detainees that were held unlawfully before April 1, 1997, are not subjected to the time bars.
Bauer noted that the unlawful presence of aliens below the age of 18 years does not contribute to the determination of three and ten-year bars, provided dismissal of the asylum claim and deportation, although it does affect the permanent bar.
This law specifically criminalizes only “continuous presence,” but tolerates intermittent breaks with a maximum length of 180 days total for each break.
Seeking Legal Counsel
Thus, to accurately qualify for these exceptions and to unveil potential strategies for the unlawful presence of time bars, it is recommended to seek the services of a proficient immigration attorney. They still can assess the details of your case and give you a piece of advice referring to your circumstances.
Waivers of the Unlawful Presence Time Bar Law
Eligibility for Waivers
So for any person affected by the time bars and who is married to or is a child of a US citizen or green card holder, there is a risk of seeking forgiveness by requesting for a waiver. However, getting these kinds of waivers is not an easy affair. To be successfully granted a visa, an applicant must prove that his or her U. S. spouse or parent, as the case may be, would face some form of hardship if the visa application is rejected.
Proving “Extreme Hardship”
Immigration law provides certain procedures through which individuals can seek waivers of the provision’s immigration consequence due to grounds of extreme hardship. It passes the condolence-able calamities that result in emotional or financial strains as relatives separate. It often requires proving that the foreign partner has a medical condition that this applicant needs to look after or if severe financial detriment is going to result.
Additional Considerations
What must be pointed out here is that the hardship that must be experienced by children, who are US citizens or permanent residents does not count towards a direct hardship, although the hardship could be an indirect one to the US spouse or parent. Thus, it is highly recommended that individuals seeking a protective waiver consult an immigration attorney who specializes in such applications to review their case.
The Permanent Bar
In addition to the three and ten-year bans, there is yet to be heavier punishment often referred to as the ‘permanent bar. ’ This applies to those who seek to sneak themselves back into the USA or those who are found to be in the process of attempting to breach the immigration law to reunify with their families or to look for a better life after being deported. The permanent bar is just as it is stated, permanent and it once affected all subsequent bar exams regardless of the year it was taken.
The permanent bar is a regulation that may prohibit certain individuals from entering the U. S permanently; however, they are capable of trying to reapply after 10 years of the ban and if they apply for a waiver.
Therefore, the implications of violation of the laws that prohibit people from being in the U. S. Illegally are a pivotal feature of immigration law. The distinction between the three- and the ten-year time bar, as well as the factors that contribute to waivers or exceptions, is crucial for those who want to obtain a visa or a green card. This and other similar sections are usually intricate, which makes the help of legal counsel in nuanced situations essential to optimize your immigration process.
