3 year bar for less than 180 days OR greater than 180 days?

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bkd52

Registered Users (C)
3 year bar for less than 180 days OR greater than 180 days?

I am a little confused about the 3 year and 10 year bar.

If I am out of status for LESS THAN 180 DAYS, is there a bar?

If I am out of status for MORE THAN 180 DAYS, is it a 3 year or 10 year bar?

I had a phone consultation with an attorney, and he said immediate family members MAY not be subject to the 3/10 year Bar for being out of status, but he would have to research that part of the law. Anyone have any feedback on this?

I will be out of status for a while before I apply for a GC through my USC daughter.
 
bkd52 said:
I had a phone consultation with an attorney, and he said immediate family members MAY not be subject to the 3/10 year Bar for being out of status, but he would have to research that part of the law.
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What kind of attorney doesn't understand the 3/10 year bars? They've only been part of the law for a decade now. :rolleyes:

Here's the law - if you accumulate less than 180 days of illegal presence, there is no bar. From 180 to 364 days, you are subject to the 3-year bar. Over 365 days, it's a 10-year bar. Please note that illegal presence is not the same as being out of status; generally speaking you need to overstay an I-94 or receive a written notification from USCIS that you are out of status in order to accumulate illegal presence.

I will be out of status for a while before I apply for a GC through my USC daughter.
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If you're going to apply as an Immediate Relative, your overstay will be forgiven, assuming Congress doesn't change the law in the meantime.
 
and if you do overstay by more than 180 days, your best bet is to stay in the US until you actually get a GC. Do not leave with Advance parole - the ban will apply to you.
 
TheRealCanadian said:
Here's the law - if you accumulate less than 180 days of illegal presence, there is no bar. From 180 to 364 days, you are subject to the 3-year bar. Over 365 days, it's a 10-year bar. Please note that illegal presence is not the same as being out of status; generally speaking you need to overstay an I-94 or receive a written notification from USCIS that you are out of status in order to accumulate illegal presence.

.
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I am confused as to the distinction between 'out of status' and 'illegal presence'. Can you please elaborate?

If I do not receive a written notification from USCIS after my L1A Visa expires, then am I 'out of status' or maintaining 'illegal presence' ?

If I am 'out of status' then does the 3/10 year bar rule apply?

Thanks for your replies :) !!!
 
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bkd52 said:
If I do not receive a written notification from USCIS after my L1A Visa expires, then am I 'out of status' or maintaining 'illegal presence' ?
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Your I-94 is your written notification. If you overstay the I-94, you are accumulating illegal presence.
 
TheRealCanadian said:
Your I-94 is your written notification. If you overstay the I-94, you are accumulating illegal presence.
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OK, so since I will be overstaying past the date on my I-94 that came attached to the L1A Visa, I will be accumulating illegal presence. I got this part.

But then, what is "out-of-status"?
 
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