Unlawful Presence Bars and Waivers

1
Unlawful Presence Bars and Waivers

• Immigration Attorney
• Carl Shusterman

2
What is Unlawful Presence (UP)?

• More Than Simply Being Illegal in the U.S.
• Entered Without Inspection
• Overstayed Visa (I-94)
• Status Violators

3
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

4
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

5
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.

6
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

7
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