Can You Appeal Against a Permanent Bar?

If you are seeking citizenship in the United States, there are various reasons why you may be deemed inadmissible. This inadmissibility comes with a bar that prevents you from applying for residency in the United States for a certain period, depending on why you were denied access in the first place. One of these restrictions is a permanent bar.

A permanent bar may sound intimidating, as it does imply that you never be allowed to enter the United States. However, not all permanent bars will ultimately be permanent because there are ways for you to appeal the decision and reapply for admission. At New Frontier Immigration Law, we can help you navigate your permanent bar and reapply for admission legally.

What Is a Permanent Bar?

The United States has rules and measures that bar certain people from achieving residency or entering the country altogether. If a person breaks one of these rules or fails to follow a procedure, they could be faced with a bar of varying length.

A permanent bar is the most extreme ruling that would keep someone from entering the United States legally. According to U.S. Citizenship and Immigration Services, a permanent bar would prevent you from:

• Receiving an immigrant or nonimmigrant visa
• Adjusting your status in the U.S. to that of a lawful permanent resident
• Being admitted to the U.S. at a port of entry

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What Constitutes a Permanent Bar?

An immigrant can be subject to a permanent bar for a few reasons. The first way to prevent a permanent bar from being inflicted upon you is to enter the United States legally and follow laws within the country.

The two main reasons that you would receive a permanent bar are because you:

• Accrued an aggregate period of more than one year of unlawful presence in the United States
• Entered or attempted to reenter the U.S. without a Department of Homeland Security officer admitting you into the country

It is essential to understand that your time in the U.S. does not need to be consecutive. Aggregate means all the days you were in the U.S. added together, even if you exited and reentered the country numerous times.

Why Would I Not Be Allowed into the U.S. in the First Place?

To be considered unlawfully present in the United States, you must first enter the country without proper citizenship or immigration status. Reasons that you could be considered inadmissible include:

• Your criminal record
• Any security violations in your original country or in the U.S.
• Any health problems that could pose a threat to citizens of the U.S.
• The likelihood that you would need government assistance
• Previous immigration violations

This is not a complete list of why you may be barred from entering the United States, as reasoning varies significantly.

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How Do I Appeal the Permanent Bar?

If you have received a permanent bar, you do not have many options for reentry, but there are some available to you.

First, you must wait 10 years before you can apply for readmission. The law states that these 10 years begin the day you last depart the United States. You cannot apply for readmission before this period has elapsed. If you do, you could face more difficulty trying to have your bar reversed in the future.

Consent to Reapply for Admission

To have your inadmissibility reversed, you must first receive consent from the government to reapply for admission. To receive consent to reapply, you must fill out Form I-212, which is the Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

This is the most common way to have a permanent bar overturned. There are other scenarios where a bar may be overturned in a shorter time frame due to underlying circumstances. These instances are unlikely, but you should speak with your attorney about your options if you believe your bar should be overturned sooner.

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Contact New Frontier Immigration Law Today

If a permanent bar is preventing you from receiving a green card or visa, working with an immigration lawyer may help you to overturn your bar. An attorney can help you fill out the necessary forms to give you the best chance to have your permanent bar revoked. 

At New Frontier Immigration Law, we are committed to seeing our clients treated fairly. If you believe you should be eligible to receive permanent residency in the United States, we want to help you. Do not let a permanent bar deter you from seeking a better life. These types of bars can be overturned. When you need help navigating a permanent bar, contact the immigration attorney of New Frontier Immigration Law and let us get to work for you today.

Call or text (623) 742-5400 or complete a Free Case Evaluation form