ILW.COM - the immigration portal Immigration Daily

Find a Lawyer                          More Options

State:

Home Page


Advanced search

Immigration Daily

Archives

Classifieds

RSS feed

Processing times

Immigration forms

Discussion board

Find a lawyer

Seminars

Workshops

Immigration books

Advertise

Resources

Greg Siskind

Hammond Law Firm

Joel Stewart

SUBSCRIBE

Immigration Daily

 

About ILW.COM

Non-profit

Link to us

Share this page

Bookmark this page

Print this page

del.icio.us Add to del.icio.us

Find a Lawyer
State:

The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-2008
ILW.COM,
American
Immigration LLC.

ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Can someone explain the 3/10 year ban?
Go
New
Find
Notify
Tools
Reply
  
-star Rating Rate It!  Login/Join 
<guest>
Posted
Would someone be so kind as to explain the 3/10 year ban?
 
Reply With QuoteEdit or Delete MessageReport This Post
<Loz>
Posted
I will do my best and I would get it confirmed as it is only my understanding, which may be slightly misguided. If you have unlawful presence in the USA for plus 180 days (this can be caused by an expired visa, illegal entry etc..) then you are subject to the 3/10 year ban. Not quite sure who they determine if it is 3, 5, 7, 10 years......one would think that it is dependant on how long over the 180 days you are, but it wouldn't surprise me too much if it was at the INS' discreation.
 
Reply With QuoteEdit or Delete MessageReport This Post
<guest1>
Posted
There are two separate penalties for unlawful presence: 1) more than 180 days but less than one year of unlawful presence makes that violator inadmissable to the US for THREE years
2) more than 365 days of unlawful presence makes the violator inadmissable for TEN years; there is no "in-between" penalties.
The unlawful presence must have been continuous, not cumulative.
There are waivers available for spouses/children of Amcits and LPRS, and also potentially available for non immigrant visa applicants. The latter are far more discretionary - a national interest is generally required for non immgirant waivers.
 
Reply With QuoteEdit or Delete MessageReport This Post
  Powered by Eve Community  
 

ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Can someone explain the 3/10 year ban?


Immigration Daily: the news source for legal professionals. Free! Join 25000+ readers Enter your email address here:

Search for:          Advanced search

 FIND A LAWYER

About us    |   Non-profit   |   Link to us
Share this page  |  Bookmark this page  |  Print this page  |  del.icio.us Add to del.icio.us
The leading immigration law publisher - over 50000 pages of free information!
© Copyright 1995-2008 American Immigration LLC, ILW.COM