| Illegal Aliens – Three and Ten Year Bars | | | | permanently bars you from returning to the U.S. if |
| | | | | you were previously in the U.S. illegally for a year |
| Minnesota Immigration Lawyers | | | | or more, or were deported, left the country, and |
| | | | | attempt to return without a proper visa. |
| The Immigration and Nationality Act (INA) section | | | | Anyone in this situation cannot even seek a visa |
| 212(a)(9)(B)(i) bars certain immigrants from | | | | to return for at least ten years. After the ten |
| returning to the United States if they accrued | | | | years has passed, you would still need a waiver |
| unlawful presence, i.e., were in the U.S. illegally. | | | | to return; the visa issuance is not automatic |
| This means that if you have been in the U.S. | | | | merely because you stayed out of the country |
| illegally and then leave the country, you could be | | | | for ten years. |
| prevented from returning for several years. This | | | | |
| applies whether the USCIS knows that you were | | | | What should I do? |
| in the country illegally or not. If you admit to | | | | |
| being in the U.S. illegally or the Immigration Service | | | | Call an immigration attorney before you leave the |
| learns of it, the bar applies. | | | | United States to discuss any possible bars on |
| | | | | returning in the future. As you will see from the |
| What are the immigration bars? | | | | information above, it is the departure from the |
| | | | | United States that triggers these immigration |
| If you were in the country illegally for more than | | | | bars. This means that if we can fix your |
| 180 days but less than one year and then leave, | | | | immigration status from within the U.S., the bars |
| you are barred from returning for three years. | | | | would not apply. Not all violations of the |
| If you were in the U.S. illegally for one year or | | | | immigration law make one subject to these bars |
| more and you leave, you will be barred for ten | | | | and therefore, an analysis of your situation is |
| years. In addition to the 3 and 10 year bars, | | | | needed. In some instances there are waivers |
| there is also a permanent bar you need to know | | | | available that would permit you to come back |
| about. | | | | before the three or ten year bar is reached, but |
| | | | | waivers are beyond the scope of this article. |
| Permanent Bar – INA section 212(a)(9)(C)(i) | | | | |