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.