Being prohibited from reentering the United States isn’t limited to deportations and removals. Overstaying a visa and accumulating unlawful presence days can keep you from returning for up to 10 years. For many foreigners, particularly those leaving family behind in the U.S., reentry bars are some of the harshest consequences they can face. In some situations, reentry bars are triggered automatically rather than by an order issued by an immigration judge, so it’s important to understand how they work.
What Are Reentry Bars?
Essentially, bars to reentry are penalties triggered by immigration law violations. They prohibit foreigners from legally entering, applying for visas, or obtaining legal residency for at least three years. Permanent bars are typically ordered in removal cases involving aggravated felonies. However, you don’t have to go through immigration court in all situations. Overstaying your visa by seven months, for example, can trigger an automatic three-year bar even if you’re never questioned about it and leave the country voluntarily. When this occurs, you’re considered inadmissible.
What Is Unlawful Presence in Immigration Law?
As a foreigner, any time you spend in the U.S. without a valid status or authorization is considered unlawful presence, which can start with an illegal border crossing or when you stay after the date listed on your Form I-94 Arrival/Departure record. You can also be unlawfully present if you fail to show up for an immigration court hearing after being released from a detention center.
What Are the Penalties for Unlawful Presence?
The inadmissibility status triggered by unlawful presence is the primary penalty. Then you also have statutory bars to reentry periods automatically triggered when you depart. For example, a three-year bar applies to tourists who overstay their visas for 180 days but less than one year. If you skipped the Customs and Border Protection checkpoint at the border and leave the U.S. a year later, this violation will automatically trigger a 10-year bar. If during these periods you’re detained while attempting to unlawfully reenter the U.S., a permanent bar would apply. It’s crucial to understand that a reentry bar also excludes you from the visa application process.
How Can an Immigration Law Firm Help with Reentry Bars?
Depending on the circumstances, immigration attorneys can help you apply for waivers before your departure automatically triggers the reentry bar. This can be pursued by filing Form I-601, Application for a Waiver of Grounds of Inadmissibility, or Form I-601A, Application for Provisional Unlawful Presence Waiver. If you’re in Southern California, a San Diego immigration attorney can help you gather evidence showing that a reentry bar would cause extreme hardship to the American citizens or permanent residents you leave behind.
If you have questions about visa requirements or any other aspect of immigration law, you need to speak with an experienced San Diego immigration lawyer you can trust. The lawyers at KS Visa Law have vast experience with every aspect of immigration law, and they’re the attorneys to call on when you need the most up-to-date information about immigration regulations. Call KS Visa Law today to schedule an appointment.
Frequently Asked Questions
What is Form I-212?
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This waiver allows you to reapply for admission to the U.S. before the bar period expires after your departure or removal.
When should I file Form I-601?
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If you’re deemed inadmissible, this legal strategy allows you to apply for visas and immigration benefits while outside the U.S.
When should I file Form I-601A?
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You should file it when you’re still in the U.S. after overstaying your visa.
Do I regain admissibility after a reentry bar period?
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Only on the particular grounds of your inadmissibility. You must still meet all other standard visa requirements.
