I AM A LITTLE CONFUSED WITH WHEN IS THE 10 YEARS BAR APLICABLE. I DON'T SEE THAT U.S. CITIZEN HELPING A RELATIVE TO ADJUST THEIR STATUS PAY ANY PENALTY FOR OVERSTAYING IN US ILLEGALLY?
Why are you shouting?
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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The 10-year is triggered when a person is unlawfully present in the US for one year more and then leaves the U.S.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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18 lawyers agree
try an rephrase your question please. you do not see that a 10 year bar can be applied for unlawful presence? - sure it can be for breaking the immigration laws. are there waivers to forgive - yes there are. will one apply in your case - I do not know, you have not given any facts.
This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
You simply do no understand the process. You are not expected to. This is why we have attorneys.
Do yourself a favor. Look up INA § 212 (a)(9)(B)(II). When you make an application to adjust status, the Immigration Service must make a determination on whether an alien is "admissible." This may be confusing because this determination is made when an alien is either 1) seeking to enter the United States OR 2) is making an application to adjust status. So even though an alien may be in the United States, he or she may be deemed inadmissible and not allowed to adjust status.
Generally, only aliens who have made a LAWFUL entry may adjust status through marriage to a USC. Those aliens who entered without inspect (EWI) must leave a reenter. BUT those aliens who have remained present in the United States for one year or more will trigger the ten year bar upon their departure - this is why so many aliens are essentially "stuck" in the United States.
The only way around the ten year bar is a waiver. The I-601A waiver excuses or "pardons" an alien's unlawful presence (the ten year bar), if that alien can demonstrate that their removal would result in extreme hardship to a qualifying U.S citizen relative(s). The waiver process has always been around - the new law simply allows aliens to remain in the United States as opposed to waiting in his/her home country while a decision is made on the waiver, which could take up to or more than one year.
Please keep in mind that there is also the permanent bar. Any alien previously removed (caught at the border, fingerprinted, and sent back) who reenters the United States is permanently inadmissible. They must wait a full ten (10) years outside of the United States before they can apply for readmission.
You may want to consider consulting with an immigration attorney.
VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: email@example.com - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com
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Criminal Defense Attorney
Speak with a lawyer. You are barred for 10 years if you are in the US for more than one year unlawfully and then leave. If you are married to a US citizen, you may be able to avoid the 10 year bar. You need to speak with a lawyer before you make a mistake from which you cannot recover.
1 lawyer agrees
Real Estate Attorney
My colleagues provided you with an abundance of information. However, Avvo is no substitute for a full blown consultation with an immigration lawyer, which is exactly what you need. I would strongly recommend that you consult an immigration lawyer, whether myself or one of my colleagues. Keep in mind that every application submitted to USCIS is kept on file and can negatively affect a future application, even an application submitted decades later. There is much more to applying for an immigration benefit than completing forms. Unless you have training in immigration law, you are likely not even aware of all the potential pitfalls. An immigration lawyer can protect your interests and prevent you from jeopardizing the ability of anyone to eventually become a permanent resident or a U.S. citizen. Some mistakes are reversible, while some are not. Do yourself a favor and consult a professional.
If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.