In order to enter and remain in the United States legally, you’ll need to ensure that you take the necessary steps to retain your legal status in the country. This most often entails ensuring you enter the country legally and do not overstay your visa. If you overstay your visa, you’ll find that you can accumulate unlawful presence status. The following blog explores what you should know about unlawful presence status, the bar that can be placed on your ability to re-enter the country, and the importance of working with Virginia immigration lawyers to discuss your legal options during these difficult times.
What Is an Unlawful Presence Bar?
When you are in the United States without your legal status, such as overstaying your visa or remaining in the country after the revocation of your green card, you can accumulate what’s known as unlawful presence. Essentially, every day that you remain in the U.S. without proper legal authorization, it will accumulate and be held against you.
If you accumulate more than 180 days but less than one year of unlawful presence, you will be barred from reentering the United States for three years. If you accrue over one year’s worth of unlawful presence in the country, you will be barred from reentering the country for ten years. This bar begins on the date you leave the country. Additionally, the accumulation of unlawful presence will occur during a single stay in the country.
You should note that minors do not accrue unlawful presence, and as such, will not be subject to a bar on their readmission to the U.S. Additionally, those seeking asylum in the country will not accumulate unlawful presence while their asylum application is pending.
How Do I Have this Waived?
Being subjected to an unlawful presence bar can be incredibly impactful. As such, it is imperative to understand that, under certain circumstances, you may be able to have this bar waived. Generally, the only ground on which this can be waived is for those who are statutorily eligible for an immigrant visa, which includes immediate relatives, diversity visa selectees, and some employment-based immigrants.
In order to apply for the waiver, you must file Form I-601, Application for Waiver of Grounds of Inadmissibility. To be eligible, you need to meet a considerable number of requirements. This includes being physically present in the United States, being in the process of obtaining an immigrant visa, and showing that your inability to enter the United States would cause hardship to a legal, permanent, and immediate family member.
As you can see, navigating unlawful presence bars can be incredibly difficult, which is why working with an experienced immigration attorney is imperative during this process. At Goel & Anderson, our firm understands how complicated these matters can be. That is why we are committed to helping you fight for the best possible outcome for your circumstances. When you need assistance, contact our firm today.
