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How is the "bar" triggered

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  • How is the "bar" triggered

    Ok, I'm sure this is a dumb question! How is the bar triggered? I only ask that because I know that citizens of costa rica do not need use a passport to leave the united states. Their consulate provides them with a paper called a "salva conducto" to travel. I have read many discussion threads that reference triggering the 3-10 year bar. I know what the bar I was just curious how it's triggered! Thanks

  • #2
    Ok, I'm sure this is a dumb question! How is the bar triggered? I only ask that because I know that citizens of costa rica do not need use a passport to leave the united states. Their consulate provides them with a paper called a "salva conducto" to travel. I have read many discussion threads that reference triggering the 3-10 year bar. I know what the bar I was just curious how it's triggered! Thanks

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    • #3
      If someone has the three or ten year bar against them, it is triggered as soon as s/he leaves the country. What document(s) s/he uses to leave is irrelevant.
      Have a nice day

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      • #4
        The only thing I know about it is it has to be done by a judge or immigration official and normally would be actually triggered when some sort of visa is applied for. In the past I had inquired about k-1 and k-3 and was told if the bar was going to be triggered in my friend's case it would be at the interview. He had thought to apply for visitor's visa in the meantime and was advised not to. Hopefully someone more knowledgeable will respond...

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        • #5
          Gluhbirne is right, the bar (for unlawful presence) is triggered when the person leaves the United States. If they fly out of the country a record will remain in the system of the date they left, regardless of the travel documents used... therefore the bar, if applicable, will be triggered.

          However, in relation to what still learning said, it is only when the person wants to re-enter the United States that the 3-10 year bar becomes an issue... and the only chance for waiving it is if there is a USC/LPR spouse involved.

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          • #6
            If they fly out of the country a record will remain in the system of the date they left, regardless of the travel documents used... therefore the bar, if applicable, will be triggered.


            What if they don't fly out of the country and they go to Mexico? is it triggered then?..I think the bar is triggered from the moment you reach the overstay limit (180 days or whatever it is in each case)..and that will determine if you're barred for 3 or 10 yrs..because if there is no paper trail of the person leaving the country, how would they know when the person left? when you leave US and go to Mexico, they don't stamp your passport or take down any info..Mexicans maybe, but not US..

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            • #7
              People who EWI are unable to adjust status period, so if a person EWI the issue of when the bar is instated in nearly irrelevant.

              However, if a person overstays a visa and then incurs unlawful presence, as long as that person remains in the USA the bar has not been triggered - which makes it possible for them to adjust status from within the USA - however, if they leave the USA the bar is triggered and they are not able to re-enter the USA without special permission.

              Thus, the bar is incurred upon leaving, not upon reaching the period of unlawful presence.

              (however there are problems associated with being unlawfully present that will cause problems in other areas and make becoming legal difficult in many circumstances!)

              Does that make sense?

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              • #8
                Julie, I'm assuming that in that case, the bar still begins when the person leaves. The only difference is that there would be no official record of it. If the person wanted to come to the U.S. ten years later, the burdon would probably be on that person to prove that they actually left the US ten years earlier.
                Have a nice day

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                • #9
                  Thanks for the information! Very helpful. So I am assuming that passengers are being fingerprinted upon exit to the USA at this point right?

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                  • #10
                    To my knowledge they are not being fingerprinted. However, if they have any information regarding who they are that information will be entered into the computer.

                    My husband left the country in early 2001, using only his home country ID, and when he attempted to return (with his passport and mutimple entry visa) they informed him that he was inadmissable and subject to the 10 year bar for his prior overstay.

                    So, from experience, regardless of whether or not one is fingerprinted, I would count on that information being entered into the computer or in some way filed.

                    Comment


                    • #11
                      It's not up to the INS to *prove* that you overstayed. If you don't submit your i-94 back when you leave -- it's now up to *YOU* to prove that you DIDN'T overstay. The INS has to prove nothing. REmember, when you show up at the desk -- you are deemed inadmissable until you prove *otherwise*. Not the other way around.

                      Most of the time, the officer can just ignore it. But depending on conditions, details, etc -- they *can* ask you about your last visit, and ask you for proof that you left since you didn't submit an i-94 as you were supposed to.

                      Airport officers use this all the time to bounce single folks comin' in to visit a "friend", who it shows they came to visit already 2 years ago. The alien has to prove he didn't just leave last month and is coming back again.

                      -= nav =-

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                      • #12
                        Spouse, my fiance had left the country due to an overstay & he has a 3 year bar on him. I read what u put

                        "However, in relation to what still learning said, it is only when the person wants to re-enter the United States that the 3-10 year bar becomes an issue... and the only chance for waiving it is if there is a USC/LPR spouse involved.

                        What is an LPR Spouse? And how would i be able to get a waiver for him from his country? We are considering marriage in his country. ~Th@nx~

                        Comment


                        • #13
                          Hi. You might actually be able to get a waiver with the fiance visa, but this might depend on the country.

                          I married my husband in his country.

                          The waiver is the I-601.

                          Assuming this is the route you take, you marry, you apply for a I-130 and wait for response (although this may take longer than you want)... and if you apply for the k3 visa as opposed to the immigrant visa it becomes optional... you apply for the K3 or immigrant visa, have an interview, he is denied the visa and you are told to submit the waiver. You give them the waiver and wait for approval.

                          If approved, you then reschedule interview, he receives visa and comes to USA.

                          LPR is legal permanent resident.

                          For more information see www.immigrate2us.net

                          Comment


                          • #14
                            Hi Spouse you seem to be very knowledgable in this topic, perhaps you and i have this in common. Id really like to talk more in depth with you about it since you've already experienced it but ILW wouldnt let me private message. I talked to a lawyer today about the I-601 waiver, and she said that i must submit solid proof and evidence with it and im Not really sure what she meant by that. I have all evidence of our relationship/living togetherh here in US before deportation and of course the marriage that will take place overseas. If theres any way we can be in touch let me know. Blessings and have a Grr8 dAY!

                            Comment


                            • #15
                              Please check www.immigrate2us.net

                              not only is there information there pertaining to the I-601, but I also post there (also under spouse) and you can private message me, or send me an e-mail... or just about anything you would like.

                              Several other people that are knowledgeable in the area of I-601's are currently posting there as well!

                              (I would post my e-mail here, but unfortunately, I do not trust everyone on this board!)

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