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Unlawful Presence Bars and Waivers

http://www.shusterman.com This presentation discusses the 3 and 10 year unlawful presence bars and I-601 waivers. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html For more information, see our Unlawful Presence Bars & Waivers page at http://shusterman.com/unlawfulpresencesimmigrationbars.html

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Unlawful Presence Bars and Waivers

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  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 Doesn’t Count (or Does It?) • Next Video: How to Prepare A Successful Waiver Application

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