Has anyone heard discussion or seen articles on the possibility of these bars being removed from Immi. law this year?

I highly doubt they will be removed for at-least the coming 5 years, since home-land security is running the immigration. Not everyone who is illegal the US falls under this law, actually this 3/10 years bar is not as effective as people think, since there are waivers and LIFE ACT to prevent people from being barred.

Well, it doesn't impact all overstays, just the ones that leave for whatever reason. Apparently if they marry first they're usually ok but if they leave the US and THEN get marrried it's delays, waivers, etc. For some reason that doesn't make sense to me. I'm waiting for all the Michaels to tear that thought apart.

I wonder if they removed the bar completely, would it encourage the illegals that have means to get legalize, to leave and wait at their home country and wait to get legalize through the proper channel, or will they come up with another excuse not to leave the country?

Eduardo Aguirre testified during a 02/12/04 Senate subcommittee hearing, that had as a topic the evaluation of temporary guest worker proposals. He said that "any legislation to create this program would necessarily need to address those bars for individuals who register".
If such a guest worker program, or any kind of amnesty would ever be signed into law, then expect to see a (probably conditional) removal of the 3/10 year bar for qualifying individuals.
I am not aware of any House or Senate bills that ask for the removal of the 3/10 year bar from current law, but I may be wrong..

Still Learning: Of course it doesn't impact all overstays, since the bar is only triggered when you leave the U.S., not while in the U.S.
Maybe I'm wrong again..

marmaduk: Yes, I would be one of the first to do it! I definitely would do it! No doubt in my mind! I have an approved I-140 and can't use it, but I would if I could. The only reason I am staying in the U.S. now, is because the 3/10 bar is still in place. I will wait as long as it takes to fix my status. Remove the bar and I will fly home tonight, wait there.. I don't have a problem with that.

See, Marmaduk, some would leave


Phantom, you said:

"Still Learning: Of course it doesn't impact all overstays, since the bar is only triggered when you leave the U.S., not while in the U.S.
Maybe I'm wrong again.."

In an above post I said "Well, it doesn't impact all overstays, just the ones that leave for whatever reason".

I think if they start removing the bar for some they should do it for all overstays. If they do it for the person in the US to get some sort of legal status (whatever may become law, such as the temporary guest worker program) then I feel that they should also do it for the person outside the US (who has broken no other law other than overstay) who is trying to come back in legally.

[This message was edited by Still Learning on March 01, 2004 at 10:58 AM.]

I stand corrected sir. Now if all illegals share Phantom's views, what are we waiting for?? Removed the ban!!!

Still Learning & marmaduk: How right you are!

Since I am not 'all illegals', some people may not agree with this, but here is my very personal opinion:
I think that the 3/10 bar is a pile of crap! (excuse my French!) It doesn't act as a deterrent to illegal immigration, it only contributes to it, encouraging visa overstays, that would not occur if illegal aliens had a chance to go back home, take care of their immigration-related business the LEGAL, old-fashioned way, without fearing being rejected at the port of entry because of a previous visa overstay. I would not be here today (and trust me, I really hate it to be illegal!) if I could wait in my country. I would use my already approved petition for alien worker, go to the U.S. Consulate, file my I-485 and wait. What's the big deal?!? Just like I said before, I would do it without any kind of hesitation!

The Government needs to realize that some of their measures do not always have the desired effects. The 3/10 bar rule simply backfired. Americans don't like it (for this very obvious reason), aliens don't like it..
And the beneficiary is..?!? Nobody!

Do I need a waiver too, if I do, which application should I use? I just got AP from MSC. I applied I-485 through Life Act. My green card application is pending. My last entry was without inspection. Any advice?

Rafi:
I won't risk travelling out of US until you get the pink card. Even with AP, there's an increased risk of being denied entry to US if you have previously overstayed.

Rafi

I think the LIFE ACT is only used during the interview - and is only considered at the final stage of your Green Card Approval. I doubt you need a waiver, LIFE ACT itself is a waiver of your illegal entry to the US - as long as you paid the $1000 fee when you filed for AOS, and filled out the extra I485 form for LIFE ACT applicants, you should be fine. As far as travelling outside - you should wait until the AOS and the LIFE ACT goes through - don't take a risk - it may raise problems during your interview.

If the 10 year bar were dicontinued, hubby and I would fly down to Ciudad Juarez straight away to go through the glorious, wonderful "legal channels" that all the the "good immigrants" go through. As long as 10 year bar is in place, he's not going anywhere!!

Hi Rafi,
How long it took you to receive the Advance parole from MSC.
What document did you submit with your application to MSC to obtain AP.
For how long is your Advance parole good for, can you use it for multiple entry.
Do you think you'll be able to leave the U.S without 1-94.

No matter where you stand on this issue, you have to admit that it is a bit strange that they punish people with unlawful presence harsher if they leave the USA then if they stay....

tell me that is not a deterrent to leaving in general!!!!!

If I had known about the bar, my husband and I would have gotten married in the USA 3 years ago, and all would have been fine and dandy... heck we would probably be looking at citizenship for him by now!!!!

But he left.... therefore, here we are 3 years later and thousands and thousands of dollars in the hole!!!! Truly bizarre rationale!

Spouse, that's exactly what I have been thinking. I hate it when things make no sense to me. And honestly, it has to encourage sham marriages, whether person is still in or is out of US.

Maybe it encourages sham marriages inside the USA, but (perhaps the one good thing) is that I am nearly positive that it is a deterrent to sham marriages outside the USA.

I mean who the heck would go through a process like this for someone they were not willing to die for????? It is long, hard, expensive, and there is no guarantee of success...

Spouse, I was referring to those situations where a person could be outside the US, not actually have had the bar applied to them, but definitely will have if they enter any way other than by marriage to USC. In some cases there is a slight possibly of getting a bar applied anyway but most often not when married to USC. I think I saw someone recently post about having a D/S on I-94 and that person said they had not had bar applied. It could go either way for them if they left the country.

you mean like in the case of a criminal record or a crime of moral turpitude?

I don't know same process... I still can't imagine anyone going through a process like this for anything less than real love - of course that doesn't mean that it doesn't happen (but I would assume that it happens less often then if someone is in the USA and marries to adjust status!)

No, I am referring to cases (one example) where the person had D/S on I-94, could be considered an overstay. COULD have bar applied if they try to get back into US, even with marriage to USC. BUT if they marry USC more than likely they will not have to file waiver. If they come in on another type of visa very likely that bar will be applied.