Am I subject to a 5, 10, 20 year or permanent bar?

Under INA section 212(a)(9)(A)(i), you are subject to a Five-Year Bar from the date of removal if:

• • You were removed upon arrival in the U.S. (i.e., you were  ordered removed in an expedited removal proceeding by CBP at a port of entry; or
  • You were placed in removal proceedings upon arrival in the U.S. and then ordered removed as an arriving alien by an immigration judge.

Under INA section 212(a)(9)(A)(ii), you are subject to a Ten-Year Bar from the date of removal if:

• You were ordered removed, other than as an arriving alien, by an immigration judge in removal proceedings; or
• You failed to timely depart the U.S. under an order of voluntary departure issued by an immigration judge, causing the voluntary departure to be converted to removal order; or
• You departed the U.S. willingly, but before removal proceedings were concluded; or
• You left the U.S. while a removal order was outstanding.

1. First, under INA section 212(a)(9)(A)(ii), you are subject to a permanent bar on reentry from the date of your removal if:
   • • You were convicted of an aggravated felony.
     • Note that the permanent bar applies to you:
       • • whether you have been convicted of an aggravated felony in the USA or outside the USA, or
         • whether the conviction was the reason of the removal order, or
         • whether the conviction occurred prior to or after the removal order.
2. Secondly, under INA section 212(a)(9)(C)(i)(I), you are subject to a permanent bar on reentry from the date of your last entry or attempt to reenter if:
   • • • You stayed in the US unlawfully for more than one year (in the aggregate), and you left and then you reentered or attempted to reenter the U.S.
3. Lastly, under INA section 212(a)(9)(C)(i)(II), you are subject to a permanent bar on reentry from the date of your last entry or attempt to reenter if:
   • • You reentered or attempted to reenter the U.S. illegally after you were ordered removed from the U.S.

Note that you will need an I-212 Waiver ( Permission to Reapply for Admission) if you want to enter the US before staying outside the US for the required period of  bar applicable to you. Visit I-212 Waiver page to learn more about it.

Exception to the Permanent bar under INA Section 212(a)(9)(C)(i)(I) and (II)

The permanent bar will not apply in your case if you accrued more than one year  unlawful presence or were ordered removed before  April 1, 1997, or you last entered or attempt to reenter the U.S. unlawfully before  April 1, 1997. In another words, permanent bar will apply in your case if any of above occurs on or after April 1, 1997.

• Does permanent bar apply to minors and asylees?

Yes. Under INA 212(a)(9)(B), permanent bar applies to you even if you were under the age of 18 when accrued unlawful presence of more than 1 year or if you were an asylee.

• Does the 3-year or 10-year bar apply to minors or asylees?

No. Under INA 212(a)(9)(B), a 3-year or 10-year bar does not apply to you if you are an asylee or if you were under the age of 18 when accrued unlawful presence of more than 1 year.

• What does an unlawful presence of more than one year in the aggregate mean?

The accrual of unlawful presence in the USA is cumulative. Unlawful presence refers to the period during which an individual stays in the United States without lawful immigration status or authorization. It is counted on a cumulative basis, meaning that all periods of unlawful presence add up over time. For you example, if you overstay your visa by 5 months 3 times, you accrued unlawful presence of 15 months, although you did not overstay more than a year in a single trip.

• I-212 Waiver ( Permission to Reapply for Admission to the US)
• An aggravated felony conviction may not create a permanent bar 
• Am I subject to a 5, 10, 20 year or permanent bar? 

Please click the links below to learn the details about other waivers.

1. I-601 Waiver (Waiver of Grounds of Inadmissibility) / Hardship Waiver 
2. I-601A Provisional Unlawful Presence Waiver 
3. I-212 Waiver (Permission to Reapply for Admission)
4. 212(h) Waiver (Waiver of Criminal Grounds of Inadmissibility)
5. 212(d)(3) Waiver (Nonimmigrant Hranka Waiver)

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.