Your Immigration Link to the World

Foreign aliens who have accrued a certain amount of unlawful presence in the U.S. and then traveled abroad may be barred from reentering. Of course this is dependent on the amount of time that the foreign alien has accrued. Additionally, there are also several other factors that go into the determination of whether an individual needs to be barred. However, there are also waivers available for certain individuals who are minors, in humanitarian crises or have filed for extensions of stay or adjustment of status.

Eligibility Requirements:
If you have been unlawfully present in the U.S. any time after April 1997 and are currently seeking reentry:
1. If you have been unlawfully present in the U.S. for more than 180 days but less than a year you are barred from returning for 3 years.
2. If you have been unlawfully present in the U.S. for 1 year or more you are barred from returning for 10 years.
3. If you have been unlawfully present in the U.S. for 1 year or more and you enter or attempt to enter the U.S. illegally then you are barred permanently.
4. If you have been ordered removed from the U.S. and you enter or attempt to enter the U.S. illegally then you are barred permanently.

Exceptions:
1. Individuals already in the U.S. who are eligible to apply for an adjustment of status.
2. Minors under the age of 18.
3. Individuals who have filed a bona fide asylum application.
4. Individuals who qualify for the Family Unity Program.
5. Individuals who qualify for the VAWA program.
6. Individuals who have filed a non-frivolous and timely application for extension of stay and have not been employed without authorization.
7. Individuals who have filed a non-frivolous and timely application for adjustment of status and have not been employed without authorization.

Waivers:
If you are a foreign alien who is the spouse, son or daughter of a U.S. citizen or permanent resident and you can prove that your denied entry will result in extreme hardship to your U.S. citizen or permanent resident spouse or parent then you may be eligible to obtain a waiver of unlawful status.