If you entered the U.S. illegally two or more times,
you may be subject to the permanent bar.
Are you currently in the U.S. for the second, third, fourth, or fifth time?
Did you live illegally in the U.S. for a total of more than one year between April 1, 1997 and the date of your most recent entry?
you ever deported?
You may have the permanent bar. It may be extremely difficult for you to ever receive immigration benefits.
This bar is "permanent" because there are virtually no ways around it. The text below, taken from the Immigration and Nationality Act explains how.
"Aliens" refers to immigrants from other countries.
Unlawful presence is time spent in the U.S. without permission.
Aggregate period means that the permanent bar applies to people who've been in the U.S. illegally for a total of more than one year. It doesn't matter if they made lots of short visits or one long one, or whether they overstayed a visa or came illegally.
Who reenters or attempts to renter the U.S. means that even those who are stopped at the border and never actually enter the U.S. a second time are still punished with the permanent bar.
The Secretary of Homeland Security must approve any exceptions to the permanent bar. This permission is extraordinarily rare and extremely unlikely. The law provides for no waiver.
More than ten years is the length of time people must wait before they can even think about applying for an exception to the permanent bar.
The U-Visa is the only immigration benefit that may be available to people who have the permanent bar.
If you have the permanent bar, there's not much any immigration attorney can do for you - yet. If it applies to you, here are some things you can do in the meantime.
Wait for the law to change.
Politicians are constantly discussing ways to update and change the nation's immigration policy. Follow the news and follow us on social media to stay up to date about any legislation that could eliminate the permanent bar or make you eligible for immigration benefits despite it.
Drive carefully and call if you're detained.
The most common ways that undocumented immigrants come in contact with immigration police are via driving infractions and criminal offenses. Avoid driving as much as possible and stay out of trouble with the law. If you are stopped by immigration police, cooperate with them but don't sign anything until you call us. We'll help you post bond and may be able to ask the judge to set aside your case and let you keep living in the United States.
Follow us on social media.
Learn more about removal proceedings and bonds.
Get tips about living without legal status.
Don't submit a petition anyway.
Some clients think that because they were never caught while crossing the border, ICE won't know they have the permanent bar. This is a risky assumption to make. Immigration can access records from various agencies and may have evidence about your presence in the U.S. regardless of how careful you believe you were. Submitting an immigration petition when you have the permanent bar can cause you to be put into deportation proceedings. You should be skeptical of anyone who tries to tell you otherwise.
Learn how to avoid being fooled by dishonest representation.
If you would like to know what information immigration has about you, get in touch. We can submit a FOIA request on your behalf, and we'll make sure it's complete.
Meet with BKR Law
Tell us a bit about your situation and when you'd like to meet with the attorney. Someone will be in touch to schedule an appointment.