WAIVERS
UNLAWFUL PRESENCE
Currently, non-U.S. citizens asked to
leave are barred for one year from re-entering
the United States, whereas, persons that
are deported are barred for a period of
ten years.
If you are deported and therefore barred
from entering the United States for a period
of ten years,use this time wisely to deal
with any criminal issues or other problems
from your past which might prevent you from
being able to reenter the United States
at the end of your ten year bar. Note, though
you may have had your record "expunged"
or made clear of any criminal activity,
immigration law does NOT recognize expungements
and will still consider any criminal acts
on your record. You may be eligible for
what is called a VACATION OF CONVICTION,
but you should seek the advice of an immigration
attorney regarding this option.
If you overstay the time for which your
visa is approved and that time period is
at least six months past the expiration
of your stay, you are subject to a three
year bar from the United States. If the
overstay is for a period of one year after
the expiration of your visa, you are subject
to a ten year bar from the country. There
are applicable exceptions, but if you do
not fall within an exception, your unlawful
overstay on your visa is very difficult
to overcome.
IIRIA CHANGES (1996).
Another important change is that Suspension
of Deportation has been eliminated under
sections 212(c) and 244. This was replaced
with a seven year Cancellation of Removal
provision for persons with Green Cards and
a ten year Cancellation of Removal for persons
who do not have a Green Card. Persons who
have an aggravated felony on their record
do not qualify for either of these options,
and those who have committed any other sort
of crime must demonstrate “exceptional
and extremely unusual hardship”. But
if a person commits a crime or an NTA (Notice
to Appear) is served to the person, the
time no longer counts towards the seven
or ten years.
Detention laws have also been changed,
so that there are now mandatory and non-mandatory
detentions. Non-mandatory detentions require
a $1500 bond, and mandatory detentions are
for those who are rendered inadmissible
due to particular crimes or those who can
be removed because of such criminal activity
which they have committed.
If you have a conviction for domestic violence,
violating a court protective order regarding
prevention of domestic violence, stalking,
child abuse, child neglect, or high-speed
flight from an immigration checkpoint you
have serious immigration issues to overcome.
If you falsely claim that you are a citizen,
you are subject to deportation.
Aggravated Felonies
The definition of aggravated felonies was
changed to encompass most felony crimes.
In addition, violent crimes and thefts which
carry a sentence of one year or more are
now included as aggravated felonies. It
is important to note that judicial review
for people convicted of certain crimes,
discretionary bond, and detention has been
removed. Additionally, changes were also
made to the definitions of conviction and
sentencing. For example, "sentencing"
now means the time ordered by the court,
regardless of whether or not you served
the sentence. So if the court ordered you
to serve 14 months in jail, which is equal
to one year and two months, but you only
served five months, for immigration purposes
your "sentence" was more than
one year, even though you did not stay in
jail for one year.
Of great concern, is the fact that now
nonimmigrants who overstay by so much as
one hour automatically have their visas
invalidated. Under section 222(g), these
nonimmigrants can no longer Change Status
(someone changing from one visa to another)
inside the United States. The problem with
this change is that once the nonimmigrant
is outside of the country, they may say
that the person may not re-enter, creating
a problem for the nonimmigrant.
A final major change resulting from IIRIRA
is that the four major agencies must report
(Section 404) to the USCIS (Immigration
Department) four times a year, if the agencies
know that you are unlawfully present in
the country. These four agencies are: HHS
(Department of Health & Human Services),
HUD (Department of Housing & Urban Development),
SSA (Social Security Administration), and
DOL(Department of Labor).*
Non-Immigrants
and Immigrants
Deportation
and Inadmissibility
Unlawful
Presence
Expedited
Removal and Re-Entry After Deportation
Immigration
Acts Effecting H-1B and Family Based Visas
Reference
Tool for Waivers of Inadmissibility or Removability
Grounds
for Inadmissibility and Removability
Waivers
of Inadmissibility or Removability
Other
Avenues of Relief
Tomorrow is the result of today's choices—
where will YOU be one year from now? |
