What is Section 212 of the Act?

According to section 212(a)(9)(B)(ii) of the INA, you accrue unlawful presence if: You are present in the United States without being admitted or paroled; or. You have remained in the United States after the expiration of the period of stay authorized by the Secretary of Homeland Security (the Secretary).

What is the 10-year bar immigration?

A 10-year immigration bar is what happens when someone accrues unlawful presence in the U.S. for over a year. They are not allowed to return to the country for 10 years. Meanwhile, if they stay in the U.S. unlawfully for more than 180 days but less than a year, they will only be barred from re-entering for 3 years.

When did unlawful presence begin?

April 1, 1997
Unlawful presence does not start accumulating until April 1, 1997, the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which added unlawful presence inadmissibility.

What is the difference between i-212 and i-601?

What Is the Difference Between the I-212 and I-601a? The I-212 and I-601 waiver applications are both required in many circumstances. Where the I-212 requests permission to apply to return to the U.S., the I-601 is actually the application to return.

Can a deported person come back legally by marrying a citizen?

Can a deported person come back legally by marrying a citizen? Often yes (unless prior marriage fraud) after an immigrant petition approved and waiver(s) granted.

How many years you have to wait once you are deported?

To learn more about applying for permission to enter the U.S. after deportation, see After Removal: Possibilities for Reentry to the U.S. If you have a 20-year ban against you, however, you must wait until you have been outside the U.S. for at least ten years before so much as applying for a waiver.

Can I go back to U.S. after deportation?

Following deportation, a foreign national would need to file Form I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal. This lets you ask USCIS for permission to submit an application to re-enter the United States.

Do I need a waiver after 10 years?

This 10-year bar is required regardless of whether you have an immediate relative who is a United States citizen. Once 10 years have passed since your date of last departure you may file Form I-212 to seek consent to reapply for admission to the United States.