Unlawful Presence Bars and Waivers

Immigration Attorney Carl Shusterman

What is “Unlawful Presence” (UP)?

More Than Simply Being Illegal in the U.S. Entered Without Inspection Overstayed Visa (I-94) Status Violators

The 3-Year Bar

180 Days, but Less Than One Year of UP, since April 1, 1997

Left United States Barred from Returning

to U.S. for 3 Years I-601 Waivers

The 10-Year Bar

One Year or More of UP since April 1, 1997

Left United States Barred from Returning

to U.S. for 10 Years I-601 Waivers

“Permanent” Bar

Deported or One Year or more of UP since April 1, 1997

Left United States Reentered U.S. Without

Inspection Ineligible for Waiver

until 10 Years Spent Outside U.S.

Interesting Facts No 3 Year Bar If Judge

Grants VD Status Violators –

Government Finding Required

3 and 10 Year Bars – Accumulated in the U.S.?

Exit on Parole Does Not Trigger 3/10 Years Bars

I-601 Waivers

“Extreme Hardship” To USC/LPR Parent/Spouse

Hardship to Person Applying for Waiver Does Not Count

Hardship to Children Doesn’t Count (or Does It?)

Next Video: How to Prepare A Successful Waiver Application