One of the most severe immigration consequences is the permanent bar. This bar prohibits individuals from returning to the United States permanently, even if they have a family member who is a U.S. citizen or lawful permanent resident. The bar is imposed on individuals who have been unlawfully present in the United States for a certain period or who have committed certain crimes. In this article, we will explore the immigration permanent bar and its consequences in detail.
The immigration permanent bar refers to a legal provision that makes individuals permanently ineligible for admission to the United States. This provision can be triggered by a variety of factors, such as overstaying a visa, committing certain crimes, or being found to have committed fraud or misrepresentation in a visa application or other immigration process. The permanent bar can have significant consequences for those affected, as it means they will never be able to obtain legal status in the U.S. However, there are some limited exceptions to the permanent bar, depending on the circumstances of the case.
What is the Immigration Permanent Bar?
The immigration permanent bar is a legal provision that prohibits individuals from re-entering the United States permanently. The bar is imposed on individuals who have been unlawfully present in the United States for a certain period or who have committed certain crimes. The period of unlawful presence depends on individual circumstances. However, individuals who have been unlawfully present in the United States for more than one year are subject to the permanent bar.
How is Unlawful Presence Defined?
Unlawful presence is defined as the period an individual stays in the United States without authorization or after their authorized period of stay has expired. Unlawful presence begins to accrue on the day after the individual’s authorized period of stay expires, or if the individual enters the United States without authorization, on the day of entry. Individuals who leave the United States after accruing more than 180 days of unlawful presence and then attempt to re-enter the United States, even with proper documentation, may trigger the permanent bar.
What Crimes Trigger the Permanent Bar?
Individuals who have committed certain crimes are also subject to the permanent bar. These crimes include:
- Crimes involving moral turpitude
- Controlled substance offenses
- Prostitution offenses
- Human trafficking offenses
- Money laundering offenses
- Firearms offenses
- Espionage and sabotage offenses
- Terrorism-related offenses
Consequences of the Permanent Bar
The permanent bar has severe consequences for individuals who are subject to it. Individuals subject to the permanent bar may not return to the United States permanently, even if they have a family member who is a U.S. citizen or lawful permanent resident. The bar is permanent and cannot be waived or forgiven. The only way to overcome the permanent bar is through a successful application for a waiver of inadmissibility.
Waiver of Inadmissibility
A waiver of inadmissibility is a legal provision that allows individuals who are otherwise inadmissible to the United States to enter or remain in the United States. However, waivers of inadmissibility are only available in limited circumstances. Individuals who are subject to the permanent bar must apply for a waiver of inadmissibility to overcome the bar. The waiver application must demonstrate that the individual’s U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if the individual were not allowed to enter or remain in the United States.
Extreme hardship is a legal standard that requires more than mere inconvenience or financial difficulty. Extreme hardship must be severe and affect the U.S. citizen or lawful permanent resident spouse or parent in a significant way. Examples of extreme hardship can include medical or mental health issues, financial hardship, educational or career opportunities, and separation from family members.
Common Misconceptions about the Permanent Bar
There are several misconceptions about the permanent bar that individuals may have. It is essential to understand these misconceptions to make informed decisions about their legal options.
Misconception 1: The Permanent Bar Can be Waived for Any Reason
The permanent bar is a harsh consequence, and many individuals may believe that it can be waived for any reason. However, the waiver of inadmissibility is only available in limited circumstances. The waiver application must demonstrate extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent. It is not enough to show hardship to the applicant or other family members.
Misconception 2: The Permanent Bar Can be Overcome with Time
Some individuals may believe that the permanent bar can be overcome with time, such as by waiting for ten years or more. However, the permanent bar is permanent and cannot be overcome with time. The only way to overcome the permanent bar is through a successful application for a waiver of inadmissibility.
Misconception 3: The Permanent Bar Only Applies to Individuals Who Enter the United States Illegally
The permanent bar applies to individuals who have been unlawfully present in the United States for a certain period, regardless of how they entered the United States. Individuals who entered the United States legally but overstayed their authorized period of stay may be subject to the permanent bar if they have been unlawfully present for more than one year.
FAQs: Immigration Permanent Bar
What is Immigration Permanent Bar?
Immigration Permanent Bar, also known as permanent inadmissibility, prohibits an individual from being granted permanent residence or returning to the United States after being removed. Permanent inadmissibility can be applied to individuals who have made certain immigration violations or criminal convictions, which would bar them permanently from being eligible to enter or stay in the US.
What are the grounds for Immigration Permanent Bar?
Immigrants can be permanently barred from the United States for various reasons, including committing crimes involving violence or moral turpitude, committing multiple criminal offenses, engaging in human trafficking, drug trafficking or smuggling, and committing immigration fraud or making material misrepresentations on immigration forms.
How long does the Immigration Permanent Bar last?
An Immigration Permanent Bar is permanent, meaning that once a person is barred, they are prohibited from immigrating to the USA again. In limited circumstances, individuals may request a waiver of inadmissibility or be eligible for a “pardon” from the court, but these are very rare and only possible in specific circumstances.
Can an Immigration Permanent Bar be lifted?
An Immigration Permanent Bar can only be lifted through an individual case-by-case process that involves applying for a waiver of inadmissibility. The USCIS or a US Embassy or Consulate will make the final decision as to whether the waiver is granted, but the process typically involves gathering evidence of your good character, evidence of hardship to US citizen family members, and/or specific circumstances surrounding your case.
How does a person know if they have been Immigration Permanently Barred?
If someone has been permanently barred from the United States, they will typically receive a formal written notice of their inadmissibility from the United States Citizenship and Immigration Services (USCIS). Additionally, if someone has been removed from the US, they will be formally notified of the grounds of their removal and whether they have been permanently barred from the US.
Can an attorney help someone who has been Immigration Permanently Barred?
An attorney can certainly assist someone who has been permanently barred from the US on pursuing a waiver of inadmissibility, but this is a difficult process, and not all cases warrant the time and expense of applying for a waiver. It is best to consult with an experienced immigration attorney to understand your options and determine the best course of action under your specific circumstances.