Frequently Asked Questions
If You Leave, You Lose
Entering the United States illegally now carries serious penalties. It could prevent you from getting a green card in the future. It could also land you in jail. If you are in the United States without permission, please read this summary of the possible penalties. Think carefully before you leave.
- What is “Unlawful Presence”?
- What are the penalties for acquiring unlawful presence then leaving the United States?
- What is the criteria for applying for a waiver and where can I get a waiver that will help me avoid being barred from entering the United States because of the “Unlawful Presence” law?
- What do I do if I am eligible to immigrate because a family member petitioned for me but have a maximum number of days allowed in the United States?
- Can I be permanently barred from entering the United States legally?
- Are there any waivers available if I am deported?
- Who do I do if I need to leave the country?
If you entered the United States illegally, you began acquiring “unlawful presence” on the day you arrived. If you entered the United States with a nonimmigrant visa, passport, or border crossing card, you were allowed to stay here for a specific period of time. This is indicated on the I-94 card issued to you by the United States Citizenship and Immigration Services (USCIS). You begin acquiring unlawful presence on the day after your time expires.
What are the penalties for acquiring unlawful presence then leaving the United States?
Three-Year Bar - There is a penalty if you acquire more than 180 days of unlawful presence and then leave the United States. By leaving the United States, you will not be able to return legally for three years.
Ten-Year Bar - There is a harsher penalty if you acquire more than one year of unlawful presence and then leave the United States. By leaving the United States, you will not be able to return legally for ten years.
What is the criteria for applying for a waiver and where can I get a waiver that will help me avoid being barred from entering the United States because of the “Unlawful Presence” law?
Waiver of the Three- and Ten-Year Bars - There is a waiver of the three- and ten-year bars. However, not everyone qualifies for it. You must show that your U.S. citizen or permanent resident alien spouse or parent would suffer extreme hardship if you were not granted the waiver. The USCIS and most consulates are granting only a few of these waivers. In addition, it takes several months to get a decision on the waiver application.
What do I do if I am eligible to immigrate because a family member petitioned for me but only have a maximum number of days allowed in the United States?
If you are eligible to immigrate through the U.S. consulate because a family member has petitioned for you, you should not stay illegally in the United States for more than 180 days. On the other hand, if you are eligible to become a permanent resident here in the United States, you should not leave the country before you get a green card. Talk to an immigration specialist to find out the best thing for you to do.
Can I be permanently barred from entering the United States legally?
Permanent Bar - If you have acquired one year of unlawful presence after April 1, 1997, leave the United States, and then attempt to enter the country illegally, you are subject to the permanent bar. The same is true if you are successful in reentering the Unites States illegally. The permanent bar means that you will never be able to reenter the United States legally. There is a waiver available, but only after you have stayed outside the United States for ten years. Therefore, if you have been living illegally in the United States for more than one year, you should not leave and attempt to return illegally.
Are there any waivers available if I am deported?
If you have been ordered deported by an immigration judge, you may also be barred from reentering the United States legally. If you left the United States after being ordered deported, you may not reenter legally for ten years (five years in some cases). You can apply for a waiver of this bar at any time. The waiver is based on the positive factors in your case. But if you attempted to reenter the United States illegally after April 1, 1997 after being deported, you are subject to the permanent bar. The same is true if you are successful in reentering the Unites States illegally. The permanent bar means that you will never be able to reenter the United States legally. There is a waiver available, but only after you have stayed outside the United States for ten years.
If you were ordered deported by an immigration judge but never left the United States, you will not incur the ten-year bar until you leave the country. If you are eligible to become a permanent resident alien in the United States, you will need to re-open your deportation case.
Who do I do if I need to leave the country?
Be sure to talk to an immigration attorney or counselor about the facts in your case before you leave the United States, file an application, or make contact with the Immigration Service.