Know more about Unlawful presence and bans through an immigration Lawyers firm in NYCby Michael Wildes (Wildes and Weinberg P.C)
The federal immigration rules in the United States have been devised in order to deter any unlawful entry or immigrants overstaying on their visas. Thousands of immigrants from around the globe call New York City their home. They may require help with complicated immigration matters from time to time. An immigration lawyers NYC firm provides guidance to those entangled in complex immigration issues. Overstaying is one of the common problems among many immigrants. Let us know more about unlawful presence and imposition of specific ban by an immigration lawyer NYC practice.
What is unlawful presence?
In simple words, an unlawful presence means overstaying in the United States after the visa has expired. This overstaying results in serious penalties being imposed by the immigration authorities in order to deter anyone from staying unlawfully in the United States.
What are the exceptions to the conditions of Unlawful presence?
There are certain exceptions to the conditions of the unlawful presence. Immigrants falling under certain categories are treated as exceptions that may include those
- Who are awaiting asylum status and have submitted a form with U.S. Citizenship and Immigration Services (USCIS)
- Are under the age of 18 years
- Awaiting adjustment of status
- A child or a spouse who has undergone abuse
- Victims of trafficking
What are the conditions of being banned entry from the United States?
An unlawful or overstaying is penalized by the immigration authorities by the imposition of a three-year or a ten-year ban on them. Many factors determine the position of this ban in which the visa as well as the green card are denied to an individual. The section 212 of the Immigration and Nationality act (INA) contains a comprehensive list of all the reason a ban could be imposed on an immigrant. There are three conditions of the immigration authorities for those found to be overstaying. These are –
a. A ban of three years is imposed on those having an unlawful presence that may amount no more than 180 days and if there is, no immigration procedure of removal has been started against the individual.
b. A ban of ten years is imposed on those having an unlawful presence that may amount up to no more than 365 days and if there is, no immigration procedure of removal has been started against the individual.
c. A permanent ban is imposed on those individuals who have unlawfully resided in the United States for more than one year. This also arises in situations where the deportation process has already been initiated against the individual along with cases in which the individual has made an attempt to renter the United States.