Houston Unlawful Presence Attorney

In my position as an immigration attorney I never recommend that persons who wish to come to the United States do so illegally. If a person’s illegal presence is discovered, it makes it infinitely more challenging to subsequently gain permanent residency or legal status in this country. Too, ‘unlawful presence’ is a complex legal concept whose definition has continued to be refined and adapted as immigration circumstances change in this country.

There are several ways in which a person may unintentionally or deliberately enter the United States and their presence be deemed unlawful.  The individual may enter without inspection; overstay their authorized period of time or violate the status of a visa originally granted legally.

GENERALLY SPEAKING, HOWEVER, THE FOLLOWING IS TRUE:

  • Persons who have accumulated 180 days or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the U.S. for 3 years.
  • Persons who have accumulated one year or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the U.S. for 10 years.
  • Persons who illegally return to the U.S. without seeking a waiver must wait outside the U.S. for a period of 10 years before they can apply for a waiver. This is also true for persons who illegally reenter the U.S. after being deported.
  • In extreme circumstances an individual may receive the status of a ‘permanent ban’. An individual under the permanent bar has no recourse other than to wait the ten (10) years outside of the United States to apply for a waiver.

However, Individuals who o fall under the Three (3) Year Bar and the Ten (10) Year Bar may apply for waivers An individual under the permanent bar has no other choice but to wait the ten (10) years outside of the United States to apply for one of the two types of waivers listed below. The decision on the appropriate waiver will depend on the circumstances; and here proper legal representation is urged.

  • I-601: Application for Waiver of Grounds of Inadmissibility
  • I-601A: Application for Provisional Unlawful Presence Waiver