When foreigners enter the United States, they’re expected to maintain a lawful presence during their entire stay. A lawful presence hinges upon admissibility and a valid documented status. An unlawful presence starts the moment you become undocumented or inadmissible. This would allow federal agents to detain you, and U.S. Citizenship and Immigration Services (USCIS) may begin the judicial process of deportation and removal. When this happens, your immigration records will include a bar-to-reentry order to keep you away from the U.S. for three to ten years.
Bar to Reentry: A Long-Term Determination of Inadmissibility
Practically speaking, a bar to reentry is a penalty imposed by immigration courts according to USCIS and Homeland Security rules. In many cases, the orders are rubber-stamped. For example, migrants who are detained after illegally crossing the border get a three-year ban if they don’t have criminal records and are immediately removed. Legally speaking, a bar to reentry is a long period of inadmissibility.
Reentry penalties prevent foreigners from entering the U.S., applying for visas, or petitioning USCIS for benefits. As long as the bar order is in effect, the foreigner is deemed to be inadmissible unless a waiver is approved. Most penalties are for three, five, or ten years. However, judges can set shorter or longer periods—up to a lifetime in extreme cases—at their discretion.
Soft & Harsh Bars to Reentry
Deportations aren’t the sole triggers of reentry penalties. If an Australian tourist overstays her visa for six months without applying for an extension, she may get a three-year bar on her way out of the country without being detained or deported. Since June 2022, unlawful presence periods of 180 days or longer get an automatic three-year penalty, but these are often “soft bar” situations that may qualify for relief through waivers.
“Harsh bar” situations often involve USCIS Notices to Appear or Show Cause, which means deportations are in process. If the immigration court hearings determine criminal conduct, immigration fraud, or moral turpitude, the penalty may be extended. When the orders are imposed to last five or more years, they’re harsh bars that tend to be more difficult to waive.
Submitting I-212 Waivers for Admission after Deportation
USCIS Form I-212 allows deported foreigners to request reconsideration of their inadmissibility status. This waiver applies only to individuals who received immigration court orders of deportation or removal. If you’re in Southern California, the best way to handle an I-212 waiver is to retain a San Diego immigration lawyer, and it may be a submission of last resort because immigration court decisions, including bars to reentry, can be appealed. However, applying for the waiver may be less complicated and costly than appealing.
The process of evaluating and adjudicating Form I-212 involves closer USCIS scrutiny. As such, you should expect requests for supporting documents and affidavits. If your case involves family-based immigration that would have allowed you to apply for advance parole before deportation, your chances of lifting the bar order would certainly improve.
If you need the services of reliable, trustworthy San Diego immigration attorneys, reach out to KS Visa Law today. We specialize in naturalization, family law immigration, temporary employment visas, and much more. Call today to schedule a free consultation.
