| By Attorney Gail S. Seeram, GailLaw.comUnder U.S. Immigration laws,NCAA Football Jerseys, individuals who depart the United States after having lived there without lawful status for one year or more are barred from returning for 10 years. The “10-year bar” is a statutory penalty for having accrued one year or more of unlawful presence in the U.S.The bar is triggered upon departure from the U.S. If an individual with a 10-year bar seeks to return to the U.S., before remaining outside the U.S. for 10 years, then that person must file a waiver in order to be lawfully admitted into the U.S.Individuals who depart the United States while their application for adjustment of status is pending incur an additional problem.Normally, when one leaves the U.S. while his adjustment of status application is pending, that application is considered abandoned.To avoid abandoning the application,WBC Jerseys, the applicant must apply for and obtain advance parole prior to leaving the US. Noncitizens who had one year or more of unlawful presence in the U.S. but had received advance parole from U.S. Citizenship & Immigration Services (USCIS) reasonably believed that they would be readmitted into the U.S. upon their return without having incurred a 10-year bar. Unfortunately, USCIS did not agree.USCIS had taken the position that a person who obtains advance parole and returns lawfully is subject to the 10-year bar. The position was based on the conclusion that the person “departed” the U.S. However, recently, that position has been overturned by the Board of Immigration Appeals (BIA) in the case, Matter of Arrabally.This important decision by the BIA, in essence, established the following conditions under which certain noncitizens who are not legal permanent residents could travel abroad, while awaiting adjudication of their adjustment of status application in a situation in which they would have been otherwise inadmissible as legally barred from being admitted into this country.To travel, such an individual needs (1) to have his or her bona fide adjustment of status application pending before the USCIS; (2) be otherwise not inadmissible or have a prima facie eligibility for a waiver of such inadmissibility; (3) to have been granted advance parole by the USCIS; (4) travel abroad temporarily; (5) be returning to the USA in order to continue pursuing this very application for adjustment of status.If all of these conditions are met,Clark Griswold Jersey, such individuals, the BIA held, do not make a “departure” from the USA for purposes of triggering the overstay bars.This is a significant victory for individuals who need to travel during the pendency of their adjustment of status application. Matter of Arrabally is also a significant victory for those who have previously been denied adjustment based on their ineligibility for an unlawful presence waiver after departure under advance parole.These individuals may now have grounds to reopen their adjustment of status application, pursuant to new case law.The Board of Immigration Appeals cautioned that the decision did not protect an applicant of other grounds of inadmissibility. Applicants who are subject to inadmissibility for prior criminal convictions or misrepresentations will still need to obtain waivers in order to obtain their green cards.Moreover, if for any reason, the pending application for adjustment of status is denied, the applicant could be placed into removal proceedings as an “arriving alien,Deion Jones Falcons Jersey,” which could significantly affect their eligibility for relief.Leaving the United States, where one has accrued unlawful presence is a very intricate issue. Many different factors play a part in determining whether a bar is in effect,Argentina World Cup T-Shirts, and if so,Blank Jersey, if any relief is available from that bar.Therefore, it is imperative to consult an experienced and knowledgeable immigration attorney before leaving the country to find out the risks of departure and the possibility of return. |
