The new ten-year bars to admissibility went into effect on April 1st. Persons unlawfully present in the US for more than one year and who then depart (even with an advance parole document) and seek to reenter will be barred for ten years. Those under 18 years old are accepted as well as persons with good faith asylum claims, certain battered spouses and children and those who filed adjustment of status or visa applications before INA Section 245(i) expired on January 14, 1998.
The INS has yet to issue a regulation relating to the new provision and it is not always clear whether a person is affected by the bar. Furthermore, little information has been released regarding limited waivers that are available to persons with American citizen or permanent resident relatives who can meet the tests for showing adequate hardship.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.