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Unlawful Presence #2 by Thomas Esparza, Jr. and Jacqueline L. Watson Immigration Specialists

Posted by attorney Thomas Esparza

Permanent Bar If you have accumulated more than one year of unlawful presence after April 1, 1997, leave the Unites States, then

attempt to enter the country illegally, you are subject to a permanent bar. This is so even if you successfully reentered the United States

illegally. The permanent bar means that you will never be able to reenter the United States legally. A waiver is available only after you have

stayed outside the United States for ten years. If you have been living illegally in the United States for more than one year, you should not

leave and attempt to return illegally.

Deportation If you have been ordered deported by an immigration judge, you are be barred from reentering the United States without

a waiver. You can apply for a waiver of this bar at any time. The waiver is based on certain family members. But if you attempt to reenter the

United States illegally after April 1st, 1997 after being deported, you are subject to a permaneht^bar. The same is true if you are successful

in reentering the United States illegally. There is a waiver available, but only after you have stayed outside the United States for ten years.

Reentry after being ordered deported is a federal felony and carries a sentence of up to two years in jail.

Criminal Penalties In addition to the civil penalties for entering the U.S. illegally, you may end up in jail. These are some of the more

common criminal penalties:

Entering Illegally Entering or attempting to enter the country illegally can subject you to a maximum of six months in jail for the first

offense and more for subsequent illegal entries. Reentry after being ordered deported is a federal felony and carries a sentence of up to two

years in jail.

Smuggling Bringing someone into the United States illegally can subject you to a maximum of six months in jail for the first offense

and more for subsequent illegal entries.

False Documents Making false statements on an application for immigration benefits, or submitting supporting documents that you know

are false, can subject you up to 10 to 25 years in jail. Making a false statement on an application for any immigration benefits will make you

excludable from the United States possibly forever.

False Claim to U.S. Citizenship Making a false claim to U.S. Citizenship results in a permanent bar if made on or after September 30th,

1996 and up to five years in jail

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