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Understanding the Consequences of the Permanent Bar for Illegal Re-Entry into the U.S.

Understanding the Consequences of the Permanent Bar for Illegal Re-Entry into the U.S.

Understanding the Consequences of the Permanent Bar for Illegal Re-Entry into the U.S. The United States has long been a destination for people from all corners of the world, seeking opportunities, safety, and a better life. However, entering the country illegally can have severe consequences, one of the most significant being the possibility of facing a permanent bar from reentering the U.S. What is a Permanent Bar? A permanent bar is a legal consequence that can be imposed on individuals who have re-entered the United States illegally or who have been deported and subsequently attempt to re-enter without proper authorization. These individuals may be barred from even trying to return to the United States for a period of at least 10 years. Key Points to Consider: Unlawful Presence: The concept of a permanent bar is often tied to the accumulation of unlawful presence in the United States. Unlawful presence refers to the period of time someone stays in the U.S. beyond their authorized stay or if the individual enters without proper documentation. Three-Year and Ten-Year Bars: If an individual accrues more than 180 days but less than one year of unlawful presence and then departs the U.S., they may face a three-year bar. If their unlawful presence exceeds one year and they depart, they may be subject to a ten-year bar. Reentry After Removal: Individuals who have been previously deported or removed from the United States and attempt to reenter illegally can face the permanent bar. This bar applies regardless of the duration of their unlawful presence. What are my legal immigration options if I have triggered the Permanent Bar? If you have triggered the permanent bar due to illegal entry or reentry into the United States, it can be challenging to pursue legal immigration options, but there are still some potential avenues to explore. Keep in mind that individual circumstances can vary, so it’s crucial to consult with an experienced immigration attorney who can assess your case and provide personalized guidance. Here are some potential options: Seek a Waiver of Inadmissibility: Individuals with a permanent bar may be eligible for a waiver of inadmissibility, such as an I-601 or I-212 waiver, after having remained outside of the U.S. for least 10 years. To qualify for a waiver, you typically need to demonstrate extreme hardship to a U.S. citizen or permanent resident spouse or parent if you are not allowed to reenter the U.S. Family-Based Immigration: If you have immediate family members who are U.S. citizens or lawful permanent residents, they may be able to petition for you to obtain an immigrant visa and eventually a green card. However, the permanent bar may still pose a significant hurdle, and you may need to apply for a waiver as mentioned earlier. Asylum or Refugee Status: If you have a well-founded fear of persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible to seek asylum in the United States. Refugees may also be eligible for resettlement in the U.S. through the U.S. Refugee Admissions Program (USRAP). U Visa: If you have been a victim of certain crimes while in the United States and have cooperated with law enforcement, you may be eligible for a U visa, which can lead to lawful status and eventually a green card. Special Programs and Relief: In some cases, special programs or relief may be available based on unique circumstances, such as the Violence Against Women Act (VAWA) for survivors of domestic violence. Humanitarian Parole: Humanitarian parole is a discretionary option that may be used in exceptional cases for individuals with urgent humanitarian needs or significant public benefit. Understanding the nuances of immigration law and the potential consequences of the permanent bar can be complex. As immigration laws and policies evolve, it’s crucial to seek legal counsel from an experienced immigration attorney. An attorney can assess your specific situation, help you navigate the legal process, and explore potential options for waivers or relief. . Call us today to schedule a consultation at (312) 971-7221.
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Applying for U.S. Citizenship With a Criminal Record? Casas Immigration law chicago

Applying for U.S. Citizenship With a Criminal Record?

Applying for U.S. Citizenship With a Criminal Record? How Does Your Criminal History Affect Your U.S. Citizenship Application? Having a criminal history can make becoming a U.S. citizen a little more difficult.  However, the effect of your criminal history will depend on several factors including when the crime/offense occurred and what you were convicted of.  Immigration law is fairly complex when it comes to crimes, so the first thing you should do is consult with an experienced immigration attorney to ensure you fully understand the effect of your arrest or conviction on your citizenship case. If you simply try to hide your conviction from the United States Citizenship and Immigration Services (“USCIS”) by not disclosing it, your case will likely be denied – even if what you failed to disclose would not have been a reason for denial.  So, this is definitely not the way to go! USCIS not only evaluates crimes committed in the U.S. but also any criminal history in any part of the world.  Therefore, it is crucial that you fill out all immigration forms honestly and seek advice from an experienced immigration attorney if you are unsure how to respond, as it could impact the success of your naturalization application. Disclosing Criminal Convictions In preparing your naturalization application, you must complete a section that specifically asks about your criminal history. In this section, there are numerous questions related to criminal activities covering a whole host of areas including illegal gambling, drug crimes or drug trafficking, and crimes involving moral turpitude. While these questions may be straightforward for those with no criminal history, if you have a more complicated past, you will have to review these questions carefully to ensure you are answering them truthfully.  Remember, you will need to disclose any arrests and/or crimes in your past, even if they occurred overseas, and even if the actions are not illegal under U.S. criminal law. If you answer any of the questions with a “yes” then you will need to provide additional details regarding the arrest, such as dates, location, and whether you were charged and convicted.  You will also need to include a certified disposition (document issued by the court) for each and every arrest and conviction. Is U.S. Citizenship with a Criminal Conviction Still Possible? Having a criminal conviction does not automatically mean that your naturalization application will be denied. If it has been more than 5 years since you were convicted, and if the crime is not one that would make you deportable, then you may still be able to become a U.S. citizen. However, there are certain crimes that will almost always prevent you from being able to naturalize and could even land you in deportation proceedings. These include, but are not limited to: Crimes involving moral turpitude (i.e. theft, fraud) Crimes involving illegal drugs; Crimes involving firearms; Crimes involving domestic violence or child abuse; Crimes involving violence. Again, these are not the only crimes that could make you ineligible for naturalization and also deportable, but they are some of the most common ones. If you have a criminal history but would like to explore becoming a U.S. citizen, don’t hesitate to call us. Our office specializes in complicated naturalization cases and if there is a way, we will find it! Contact us at (312) 971-7221.
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Casas Immigration , Ltd. visas, Temporary Status, Citizenship

Becoming A U.S. Citizen

Becoming a U.S. citizen Individuals who have been a permanent resident (also referred to as a green card holder) for at least 5 years (and in some cases 3 years) and who meet the following criteria are eligible to apply for U.S. citizenship through a process called naturalization. What are the requirements? Be at least 18 years old when you file and submit Form N-400 (Application for Naturalization) Have been a lawful permanent resident of the United States for at least 5 years (or 3 years if married to a U.S. citizen that entire time) Prove that you have lived in the U.S. state or USCIS district to which you are applying for at least 3 months Prove that you have lived continuously in the United States for at least 5 years prior to the date of filing Form N-400 Prove that you have been physically present in the United States for at least 30 months out of the 5 years prior to the date of filing Form N-400 Be able to read, write, and speak basic English Have a basic understanding of both U.S. history and the U.S government system (civics) Be a person of “good moral character” What are the steps for applying? The permanent resident must complete and submit Form N-400 (Application for Naturalization) to the U.S. Citizenship and Immigration Services (USCIS) along with any supporting documentation and the filing fee. The permanent resident will then have to attend a biometrics appointment where their fingerprints, photo, and signature will be taken for their application. Normally, an appointment letter will be mailed to the permanent resident about a month or so after having submitted Form N-400. The Federal Bureau of Investigation (FBI) will use this information to conduct a background on the permanent resident to determine if they are eligible for U.S. citizenship. The permanent resident will then be scheduled to attend a citizenship exam and interview. This will normally happen about 6 months to 1 year after the permanent resident has submitted their naturalization application (but note that processing times can vary). The date and location of the hearing will be sent to the applicant in a letter from USCIS. It should be noted that the exam and interview are normally done on the same day so be prepared for both!  Each applicant has two chances to take the exam, which usually takes place on the same day as the citizenship interview. The Citizenship Exam: What to Expect As part of the naturalization process, applicants must pass a two-part naturalization test. The first part is an English test that assesses the applicant’s ability to read, write, and speak in English. The second, a civics test, evaluates the applicant’s knowledge of U.S. history and government. The English test is composed of 3 components: Speaking:  where the USCIS officer will ask the applicant a series of questions in the naturalization interview and determine if the applicant has the necessary ability to speak English. It’s a good idea to review the answers on your application prior to attending your exam appointment. Reading: where the applicant will be asked to read no more than 3 sentences off of a digital tablet. It’s important to avoid pausing extensively while reading aloud. Generally, you’ll be allowed to leave out short words, mispronounce some words, or use non-standard intonation (the rising and falling of a person’s voice). The important thing is to convey to the immigration officer that you understand the meaning of the sentence. Writing:  where the applicant will be asked to write no more than 3 sentences on a digital tablet with a stylus (digital pen). Generally, you will be allowed to misspell some words and make some capitalization, grammatical, or punctuation errors. You also must write legibly. The immigration officer will keep moving on to the next sentence until you’ve written one successfully. Civics Component The civics portion of the exam will consist of 10 questions about U.S. history and the U.S. system of government. To pass this part of the citizenship test, you must be able to demonstrate sufficient knowledge and understanding of U.S. history and government, by answering at least six out of 10 questions correctly. The immigration officer will randomly select the questions, read them aloud to you, and stop the test once you’ve provided the right answer to six questions. You’ll be allowed to phrase your answers in any way as long as they are correct. Tips for preparing for your citizenship interview Start studying now. This might seem obvious, but the sooner you begin familiarizing yourself with the questions and answers in the citizenship test, the more time you’ll have to learn and memorize the information. Starting early will also give you more opportunities to work on particular areas of weakness. Quiz yourself with flashcards with vocabulary words or civics test questions written on them. Have your friends or family give you practice writing tests where they say a sentence and you practice writing it down. Read as much as you can in English. Read whatever you love to read: newspapers, books, magazines, comic books, etc. It doesn’t matter what you read as long as it is written in English. For beginners who struggle with English, children’s books are a great start. Take a practice test. There are many online to choose from and many are free of charge. Watch your favorite English-language television shows, documentaries, and films. For extra help, put the English subtitles below. This will help with your reading, grammar, and comprehension. Stay updated with the news. Some questions on the civics test will ask you questions regarding the current politicians in office so it’s important to keep informed with the latest information. Speak English whenever and wherever you can with whomever you can. Speak it at home with your family, when out and about with your friends, when at work and out running errands. The more you speak, the more confident you’ll be in the interview. Can I retake the test?
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