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  • Unlawful Presence Bars and Waivers

    Diunggah oleh

    Carl Shusterman
    132 tayangan7 halaman
    http://www.shusterman.com This presentation 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

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    http://www.shusterman.com This presentation 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

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    132 tayangan7 halaman

    Unlawful Presence Bars and Waivers

    Diunggah oleh

    Carl Shusterman
    http://www.shusterman.com This presentation 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

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    Unlawful Presence Bars

    and Waivers
    Immigration Attorney
    Carl Shusterman

    What is Unlawful Presence


    (UP)?

    More Than Simply Being Illegal in the U.S.


    Entered Without Inspection
    Overstayed Visa (I-94)
    Status Violators

    The 3-Year Bar

    180 Days, but Less


    Than One Year of UP,
    since April 1, 1997
    Left United States
    Barred from Returning
    to U.S. for 3 Years
    I-601 Waivers

    The 10-Year Bar

    One Year or More of


    UP since April 1, 1997
    Left United States
    Barred from Returning
    to U.S. for 10 Years
    I-601 Waivers

    Permanent Bar

    Deported or One Year


    or more of UP since
    April 1, 1997
    Left United States
    Reentered U.S. Without
    Inspection
    Ineligible for Waiver
    until 10 Years Spent
    Outside U.S.

    Interesting Facts

    No 3 Year Bar If Judge


    Grants VD
    Status Violators
    Government Finding
    Required
    3 and 10 Year Bars
    Accumulated in the
    U.S.?
    Exit on Parole Does Not
    Trigger 3/10 Years Bars

    I-601 Waivers

    Extreme Hardship To USC/LPR


    Parent/Spouse
    Hardship to Person Applying for
    Waiver Does Not Count
    Hardship to Children Doesnt
    Count (or Does It?)
    Next Video: How to Prepare A
    Successful Waiver Application

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