Unlawful Presence Bars & Waivers

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Unlawful Presence Bars & Waivers

In 1996, Congress passed a law that bars certain persons who have accumulated a certain period of “unlawful presence” in the US and then left the country from becoming US permanent residents for a period of time unless they first obtain a waiver.

Persons who have accumulated 180 days or more of unlawful presence after April 1, 1997, and have then left 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.

We will be happy to clarify all intricacies of these cases. Please contact us for more information.

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