Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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The 10-year bar for unlawful presence refers to a provision in U.S. immigration law that bans noncitizens from returning to the United States for 10 years if they have accrued more than one year of unlawful presence in the country. Unlawful presence means staying in the U.S. without legal status or overstaying the period authorized by a visa or other entry document.
The specific requirements to trigger the 10-year bar under section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act (INA) are:
The 10-year bar is triggered by departing the U.S. after accruing the requisite unlawful presence. It applies whether the departure was voluntary or through removal proceedings .
When calculating unlawful presence for purposes of the 10-year bar, only time spent unlawfully in the U.S. after April 1, 1997 is counted. Periods of unlawful presence prior to that date are not included .
Unlawful presence must accrue during a single stay in the country. Multiple periods from separate trips cannot be combined to reach the 1-year threshold .
There are some exceptions where time present in the U.S. does not count as unlawful presence. This includes:
Detailed guidance on calculating unlawful presence is available in the U.S. Citizenship and Immigration Services Policy Manual .
“Seeking admission” refers to a noncitizen:
Seeking admission in any of these ways before 10 years have passed since departing the U.S. triggers the 10-year bar. The bar applies only at the time the noncitizen seeks admission, not during the whole 10 year period .
The 10-year bar does not prohibit a noncitizen from returning to and remaining in the U.S. while the bar is running. But they remain inadmissible and cannot seek lawful status without a waiver .
If an individual reenters or stays in the U.S. unlawfully during the 10 years, they do not extend the bar. The 10 years continues running from the original date of departure .
Noncitizens who trigger the 10-year bar may be eligible for a waiver to overcome their inadmissibility. Common waiver options include :
To qualify for a waiver, applicants generally must prove that refusing their admission would cause extreme hardship to a qualifying U.S. citizen or permanent resident relative. Other eligibility criteria also apply.
Individuals who return to the U.S. unlawfully after being ordered removed and accruing 1+ years of unlawful presence may be permanently inadmissible. They require special waivers and must remain outside the U.S. for at least 10 years before applying .
The 10-year bar is often discussed alongside the 3-year bar, which has similar but distinct requirements:
Both bars are triggered by departure from the U.S. and can only be overcome through approved waivers .
While the 10-year bar aims to deter illegal immigration, experts argue that it has had unintended consequences:
Potential reforms that have been suggested include :
Changes to unlawful presence bars have received bipartisan support in Congress but not yet been enacted.
The 10-year bar for unlawful presence prevents noncitizens who overstay visas or remain in the U.S. without status for over a year from returning for the next decade. While waivers are available in some cases, the bar continues to pose challenges for immigrants seeking legal status. Understanding the policy’s specifics and navigating its complexities remains vital.
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