(Newswire.net — March 29, 2022) — Many consider the U.S. an ideal home because it offers freedoms and opportunities that can’t be found in other places. The country was built on the premise that no matter your birth status if you work hard enough, you can achieve your dreams.
This idea draws a lot of immigrants from around the world into the United States, with most of them going through the proper procedures to obtain a visa legally. However, there’s always the chance of getting a permanent bar.
What Is the “Permanent Bar”?
In the simplest definition, the “permanent bar” says that an immigrant can’t enter the U.S. for ten years after receiving this determination. Even if they are applying through the correct channels and receive an immigration permanent bar, they can’t appeal the decision. The determination is final.
In addition, even after living for ten years outside of the U.S., before applying for any immigration visa, they have to ask for the government’s permission.
According to the law, the stipulations that will result in a permanent bar include the following:
- Any alien that has been in the U.S. unlawfully for more than one year
- Any alien that has been removed based on section 235(b)(1), section 240, or any other law provision
- Any alien that tries to enter or re-enter the U.S. without being admitted
What Does This Mean?
To put it in simpler terms, here’s how the permanent bar could break down in real life:
Example #1
Jane has attempted to gain access to the U.S. through legal means. She flew to the airport with her documentation and applied for a visa. However, she was denied entry.
Not to be deterred, the next day, Jane enters the U.S. by crossing the border. This would make her eligible for the permanent ban, meaning she would have to live outside of the U.S. for ten years before she could ask for permission to even attempt re-entry into the country.
Example #2
John crossed the Mexican border and has been living in the U.S. for two years. He learned that one of his family members is gravely ill, so he decides to go back home to visit them before they die. He stays with them for a few months and then crosses the border to come back into the U.S. This act makes him eligible for the permanent ban.
Example #3
Mary was granted to the U.S. on a student visa to go to school. She earned her degree, and then her visa ran out. Instead of leaving, she decided to stay. This could make her eligible for the permanent ban.
The Bar Isn’t Really Permanent
Despite the name, the bar for entry into the U.S. isn’t really permanent — and in the situations listed above, depending on the immigrant’s status and need, they may still be able to apply for relief in the United States.
Understanding an immigrant’s rights and responsibilities, as well as what the permanent bar truly means, can be confusing. If you or someone you know has heard these incredibly scary words, talking to an immigration lawyer is in your best interest.
They’ll be able to look at your situation and why the permanent bar was put in place to determine if there is anything you can do to gain access to or remain in the United States.
Learn About Your Options
Your intention to come to the U.S. is more than likely noble and good; all you want is the opportunity to better your life. However, due to circumstances outside of your control, you may find that gaining access to the country is harder than you expected.
Never attempt to take matters into your own hands, as this can have detrimental impacts, including the permanent bar. Some professionals are able and willing to help, so get in touch with them and find out how to follow your dreams.
Author Information
Cindy R. Schneider is a blog master and journalist with a fierce passion for writing. She has been editing articles for various US-based newspapers whilst contributing to the growth of many personal or organizational blogs for 10 years now. She is well accustomed to writing online as well as offline articles covering almost any type of subject, be it health, immigration paperwork, or pretty much anything else-related.