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Subscribe to this list via RSS Blog posts tagged in waiver of inadmissibility

Posted on in Immigration

Chicago immigration lawyers, immigration law, deportation, waiver of inadmissibility, unlawful presence waiversBeing deported can put a person’s entire life on hold. If it happens to you, you have every right to want to return as quickly as possible. However, depending on your situation, you may not be able to do so without waiting a very long time, if you want to do so legally. Before putting the process in motion to return to the U.S., it is a good idea to learn if it would even be possible, and how long it might take.

Bars and Waivers

If you or a loved one have been deported, it is because you were found to be in violation of some provision of U.S. immigration law, most often the Immigration & Nationality Act. Depending on the nature of the offense, immigrants who are deported are subject to what are called bars, which last either five, ten or twenty years. In rare cases, there is a permanent bar, but that tends to be reserved for those who commit offenses like entering the country without inspection (unlawful entry) after being deported, given the rationale that the consequences of such an act were already spelled out for those people. Normally, a deportee must wait this time out; however, he or she may be eligible for a waiver of the offense in certain circumstances.

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Posted on in Immigration

Chicago immigration attorneys, inadmissible optionsWhen someone applies for a U.S. visa, his or her ability to obtain it is not guaranteed. The individual may be denied because he or she is what U.S. law refers to as inadmissible. In other words, the person has a reason, or multiple reasons, that the issuing authority believes he or she will either overstay the visa, or use his or her time in the U.S. to act in ways that are illegal or unethical. However, sometimes a denial can adversely affect someone’s life or livelihood, and someone must work to get around a finding of inadmissibility. There are a few ways this can be achieved.

Waivers and Exceptions

The Immigration and Nationality Act (INA) lists several grounds on which someone may be declared inadmissible. Some include carrying communicable diseases, having committed a crime of moral turpitude or an immigration violation (the two are not necessarily identical, but they are not mutually exclusive), and the potential to become dependent on government assistance. However, it is possible to apply for a waiver for many of these grounds, though there is no guarantee the waver will be granted. People who have committed more severe crimes such as aggravated felonies or terrorism are generally ruled inadmissible, but under a permanent bar, with no possibility of waiver.

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Chicago immigration attorneys, overstaying, unlawful presenceWhen people talk about undocumented immigrants, they are often referring to those who have traveled over a border without permission. However, the term technically also applies to people who have overstayed a lawfully granted visa, or used that visa for an incorrect purpose. Anyone who accrues what is referred to as ‘unlawful presence’ can face serious consequences in the future.

Accruing Unlawful Presence

The major question that you should ask yourself is whether or not you accrued what United States Citizenship and Immigration Services (USCIS) calls unlawful presence. USCIS defines unlawful presence as remaining in the country after the expiration of the stay permitted by one’s visa without being admitted or paroled into the country. However, one does not accrue unlawful presence automatically—in many cases, a judge must specifically delineate time in the country as unlawful for it to count against someone in terms of immigration law. This is especially common among students, who are less likely to be issued Notices to Appear—schools are presumed to provide guidance to their international students on these matters.

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Posted on in Immigration

bar to re-entry, Chicago immigration attorneys, Form I-212, Mevorah Law Offices LLC, voluntary departure, waiver of inadmissibilityWhen someone enters the United States without inspection, he or she may be arrested and deported. Afterward, the individual must wait to re-enter the country for a specific period of time, lest he or she face consequences. Many people confuse this “re-entry bar” with the bars against permanent residence. It is extremely important for potential immigrants to understand the difference between the two, lest they make a mistake that leaves them on the outside looking in—permanently.

After Removal

When you are granted a visa to enter the United States, it will have a specific expiration date of which you must abide. If you do not, and you are caught, you will be issued an Order of Removal. A final Order of Removal means that you are not being granted any form of immigration relief, and gives you a specific time frame in which to leave the country. You may be granted voluntary departure, which allows you to leave without being compelled and no bar will be assessed against your return. However, you may not be—and if you are not, you will have some time to wait before you are permitted to apply for re-entry into the United States.

Those who are not granted voluntary departure must wait out a bar before they can try to obtain a new American visa, unless they can obtain a waiver. Temporary bars are five, 10 and 20 years, depending on several factors. The Immigration & Nationality Act (INA) generally states:

  • A five-year bar is appropriate for first-time offenders, or for those who were subject to expedited removal (immediate removal back across a border without hearing or detention);
  • A 10-year bar is for those removed after a hearing (including appeals);
  • A 20-year bar is for those removed more than once; and
  • A permanent bar is for those convicted of an aggravated felony, which is a specific type of crime found to be against the national interest.


If you decide to attempt to re-enter the U.S. without waiting out your bar or obtaining a waiver, the Order of Removal against you may be reinstated, meaning that you may be deported without access to an immigration judge or hearing. You may also be charged with illegal reentry, which is a federal crime. If this occurs you will likely be facing a permanent bar.

Being Re-admitted

It is possible to be granted a new visa after being removed—even if you were assessed a ‘permanent’ bar— but it is difficult and time-consuming. The most common way of doing this is to try and obtain a waiver of inadmissibility, as bars render someone inadmissible even if he or she was otherwise admissible. Waivers are available for most grounds of inadmissibility, such as disease or criminal conviction (depending on what the person was convicted of), and that does include violators of immigration laws. To apply for a waiver, you would complete form I-601, mail it in, and wait for results.

If you are not granted a waiver, you must wait out your bar. However, when it has expired, you cannot simply apply for a new visa in the standard manner. You must apply for permission first, by completing Form I-212, Application for Permission to Reapply. The rationale behind this step is that determining whether someone should be able to reapply is a time-consuming process, and it is better to save everyone time and trouble beforehand if reapplying for entry would be denied out of hand.

An Immigration Attorney Can Help

If you have a bar on your record, you will likely need the services of a competent immigration attorney. The Chicago immigration attorneys at Mevorah Law Offices LLC know the ins and outs of removal orders and bars to re-entry; we can help you navigate the process of reapplication and hopefully get you back to where you want to be. Contact our office today for a free initial consultation.

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achieve immigration, crimes of moral turpitude, deportation, Illinois immigration attorney, immoral act, Mevorah Law Offices LLC, moral turpitude, waiver of inadmissibilityMany people who apply for visas or achieve immigration status in the U.S. do not realize that it is not necessarily permanent. Even green cards can be revoked if the holder is found to have committed a crime of moral turpitude. However, the definition of that term is murky. It is important to have a good attorney who can help you navigate the confusing maze of terms and paperwork.

Crimes of Moral Turpitude

A crime of moral turpitude (CMT) has been defined as a “depraved or immoral act.” More narrowly, it has been defined as a crime involving force, deception or theft; something morally reprehensible, as well as against the law. Examples of CMTs include rape, murder, felony assault, robbery, fraud and forgery, though this list is not exhaustive.

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