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June 16, 2005

FAQ; Permanent bar immigrant; waiver for non-immigrant

A client asked me today about a re-entry problem. After applying based on marriage using 245i prior to 4/30/01 he left the U.S. without permission. Originally he had entered the U.S. without inspection. By departing he triggered the permanently bar to the U.S. for which there is no waiver. After accrual of one year of unlawful presence in the United States, if the foreign national leaves and reenters without admission by the BCBP under section 212(a)(9)(B)(v) of the immigration act. There is an exception for those battered and abused by a spouse and their dependents who file Violence against Women Act application (which also applies to men). In practice the policy had not been enforced uniformly by immigration officers. There are cases of persons adjusting status using a 10 bar waiver. In contrast an individual who overstays status by one year, departs, and returns with a new nonimmigrant visa or visa waiver, and is admitted by the BCBP is admissible with a ten-year bar waiver.

Posted by VisaLawyer at June 16, 2005 01:09 PM

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