The Permanent Bar

by | May 8, 2024 | IMMIGRATION LAW

Law Offices of Todd Becraft - The Permanent BarThe permanent bar in immigration law refers to a provision that permanently bars certain individuals from entering or re-entering the United States. This bar applies to individuals who have been unlawfully present in the United States for an extended period of time and then depart, triggering a bar on their ability to return.

Specifically, the permanent bar applies to individuals who have been unlawfully present in the United States for more than 1 year or are ordered deported and who subsequently leave the country and then attempt or succeed in re-entering the country without inspection. Keep in mind this only applies to re-entries after April 1, 1997. Additionally, unlawful presence is not the same as undocumented. If you had an application for relief pending you will not be considered unlawfully present. Also any time spent under 18 years of age does not count either.

If you are subject to the permanent bar you must spend 10 years outside of the United States and then ask for a waiver to be re-admitted to the country. This is a very harsh penalty and applicants must be honest with themselves or their attorney because the USCIS has very good records and they will most certainly know your immigration history and if you lie to cover the facts then you will further complicate your life with a charge of immigration fraud.

It’s important to note that immigration laws and policies can change, so it’s always advisable to consult with an immigration attorney or an accredited representative for the most up-to-date information and advice regarding specific immigration situations.

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