Recent News
USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
Clients Comments
Am I subject to a five-year, ten-year, twenty-year or permanent bar?
Am I subject to a 5 Year Bar?
Under INA section 212(a)(9)(A)(i), you are subject to a Five-Year Bar from the date of removal if:
- You were removed upon arrival in the U.S. (i.e., you were ordered removed in an expedited removal proceeding by CBP at a port of entry; or
- You were placed in removal proceedings upon arrival in the U.S. and then ordered removed as an arriving alien by an immigration judge.
Am I subject to a 10 Year Bar?
Under INA section 212(a)(9)(A)(ii), you are subject to a Ten-Year Bar from the date of removal if:
- You were ordered removed, other than as an arriving alien, by an immigration judge in removal proceedings; or
- You failed to timely depart the U.S. under an order of voluntary departure issued by an immigration judge, causing the voluntary departure to be converted to removal order; or
- You departed the U.S. willingly, but before removal proceedings were concluded; or
- You left the U.S. while a removal order was outstanding.
Am I subject to a 20 Year Bar?
Under INA section 212(a)(9)(A)(ii), you are subject to a Twenty-Year Bar from the date of your last removal if you were ordered removed from the U.S. more than one time, whether as an arriving alien or not.
Am I subject to a Permanent Bar?
- First, under INA section 212(a)(9)(A)(ii), you are subject to a permanent bar on reentry from the date of your removal if:
- You were convicted of an aggravated felony.
- Note that the permanent bar applies to you:
- whether you have been convicted of an aggravated felony in the USA or outside the USA, or
- whether the conviction was the reason of the removal order, or
- whether the conviction occurred prior to or after the removal order.
- Secondly, under INA section 212(a)(9)(C)(i)(I), you are subject to a permanent bar on reentry from the date of your last entry or attempt to reenter if:
- You stayed in the US unlawfully for more than one year (in the aggregate), and you left and then you reentered or attempted to reenter the U.S.
- Lastly, under INA section 212(a)(9)(C)(i)(II), you are subject to a permanent bar on reentry from the date of your last entry or attempt to reenter if:
- You reentered or attempted to reenter the U.S. illegally after you were ordered removed from the U.S.
Note that you will need an I-212 Waiver ( Permission to Reapply for Admission) if you want to enter the US before staying outside the US for the required period of bar applicable to you. Visit I-212 Waiver page to learn more about it.
What are the exceptions to the permanent bar?
Exception to the Permanent bar under INA Section 212(a)(9)(C)(i)(I) and (II)
The permanent bar will not apply in your case if you accrued more than one year unlawful presence or were ordered removed before April 1, 1997, or you last entered or attempt to reenter the U.S. unlawfully before April 1, 1997. In another words, permanent bar will apply in your case if any of above occurs on or after April 1, 1997.
FAQ - Permanent Bar
- Does permanent bar apply to minors and asylees?
Yes. Under INA 212(a)(9)(B), permanent bar applies to you even if you were under the age of 18 when accrued unlawful presence of more than 1 year or if you were an asylee.
- Does the 3-year or 10-year bar apply to minors or asylees?
No. Under INA 212(a)(9)(B), a 3-year or 10-year bar does not apply to you if you are an asylee or if you were under the age of 18 when accrued unlawful presence of more than 1 year.
- What does an unlawful presence of more than one year in the aggregate mean?
The accrual of unlawful presence in the USA is cumulative. Unlawful presence refers to the period during which an individual stays in the United States without lawful immigration status or authorization. It is counted on a cumulative basis, meaning that all periods of unlawful presence add up over time. For you example, if you overstay your visa by 5 months 3 times, you accrued unlawful presence of 15 months, although you did not overstay more than a year in a single trip.
Important Links for Related Visas
Please click the links below to learn the details about other waivers.
Our Expertise and Services:
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance:
After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.