Beware of Temporary and Permanent Ban

There are thousands of persons living in the US illegally, for this reason, Congress passed a law on April 1, 1997, to punish people for staying in the US unlawfully, without a legal status.

So, nowadays, any stay after a valid visa had expired is considered illegal. According to USCIS rules, one is not allowed to come or return to the US for three or ten years depending on how long the illegal stay in the US was.

These temporary bars just apply to persons who are overseas and try to return to the US but does not apply for persons who are already in the US who qualify to apply for permanent residence (Green Card).

Unlawful Presence and Inadmissibility

According to USCIS rules, unlawful presence is the period of time when you are in the United States without being admitted or paroled or when you are not in a “period of stay authorized by the Secretary”, excepted:

• If you again seek admission within three years of departing the United States, after having accrued more than 180 days but less than one year of unlawful presence during a single stay and before removal proceedings begin;

• If you again seek admission within 10 years of departing or being removed from the United States, after having accrued one year or more of unlawful presence during a single stay, regardless of whether you leave before, during, or after removal proceedings;

• Permanently, if you reenter or try to reenter the United States without being admitted or paroled after having accrued more than one year of unlawful presence in the aggregate during one or more stays in the United States.

According to USCIS information, the three-year ban is for persons who have spent more than 180 continuous days in the US illegally whereas persons who spent more than one year in the US without a legal status can be barred from coming back to the US for ten years.

Keep in mind you could apply for waiver if you stayed in the US illegally have married a US citizen or permanent resident, in this case the time bar may not apply is such instances.

So is that if you married a US citizen you can also adjust your status from undocumented to legal status, regardless of how long you overstayed in the US illegally as long as you came to the US on a legal status.

On the other hand, persons who seriously violated US immigration laws can be permanently barred from coming to the US.

In other words, people who spent a very lengthy unlawful time in the US or who are ordered to be deported can face a permanent ban from entering the US.

They become permanently inadmissible to the US when they leave and return or attempt to return to the US illegally without a visa or other valid permission.

If a foreign national does not come back illegally, he/she has to face the ten-year bar because the illegal stay was for more than a year.

But when some people ignore this and tries to come back illegally,  this permanent bar comes into effect.

In these cases, immigration law will consider the seriousness of the issue, there is no way out of this permanent bar.

If you face a permanent ban will not be able to adjust status even if they get married to a US citizen.

But you will not be punished as long as you entered legally, overstayed and married a US citizen without leaving the country.

So, legally entering and overstaying is not considered a big mistake if you get married to a US citizen.

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Relate Link: USCIS