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Immigration regulations include a variety of grounds of inadmissibility, or reasons not to allow a foreign national to enter the country. Some of these have to do with criminal history, health risks, and security concerns (i.e. terrorism), and others are utilized as administrative penalties for aliens who have previously disobeyed immigration laws.
The type of prohibition that we most often see is the ten-year bar—a foreign national who accrues more than one year of unlawful presence is barred from re-entry for ten years upon leaving the country. It does not matter if the alien left the country voluntarily, on voluntary departure, or was deported.
Some grounds of inadmissibility can be waived, meaning that an alien can ask an exception to be made for him or her. The ten-year bar is one such ground, and our Nevada immigration law offices are experienced with earning waivers for our clients.
Most frequently, we do I-601 waivers for aliens who are married to a U.S. citizen and, if not for their previous unlawful presence, could enter the country immediately on a marriage visa. It is not possible to get a waiver for unlawful presence if you have previously incurred the ten-year bar and entered the country again while it was still in effect. In other words, immigrants with multiple illegal entries are unlikely to be eligible.
** It is important to know that leaving the country for a waiver or perdón involves a risk of being unable to return. Before leaving the country it is important that you consult with an immigration lawyer who can advise you on the strength of your case. **
In addition to having such a Qualifying Relative, the foreign national must also be able to demonstrate that that relative would suffer extreme hardship if the alien were not allowed to return to the United States. This is a difficult standard to prove, and overall statistics from Ciudad Juarez, Mexico show that only about 50% of waivers are approved the first time, and another 30% of those left over are approved within 12-15 months.
Our experienced Nevada immigration attorney and staff carefully select strong applicants and work with them to put together the strongest case possible to maximize the likelihood of an approval. Contact our immigration offices today for a free consultation on your case.
