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Time Bars for Entering the US

United States passport on world map

There are many different time bars for entering the United States, depending on your circumstances. If you have a criminal record, for example, you may be barred from entry for life. Other time bars may only be temporary, such as those related to medical conditions or previous visa overstays. Explore the different time bars for entering the US and what they mean for your eligibility to enter the country. Read on to learn more about these time bars and how they may impact your ability to enter the United States.

What is a Time Bar?

A time bar is a period during which an individual is prohibited from entering the United States. Time bars are typically imposed after an individual has been removed from the United States or has been convicted of certain crimes.

How does a time bar affect entry into the US?

If you have been outside the United States for more than one year, or if you have been unlawfully present in the United States for more than 180 days, you will be subject to a three-year bar from reentering the United States. If you have been outside the United States for more than three years, or if you have been unlawfully present in the United States for more than a year, you will be subject to a ten-year bar from reentering the United States.

Who is Affected by Time Bars?

There are a few different groups of people who can be affected by time bars. The first is people who have been previously deported from the United States. If you try to come back into the country after being deported, you will likely be barred from entering for a set period. The second group of people who can be affected by time bars is those who have been ordered removed from the United States but have not left yet. If you try to enter the country while you have an outstanding order of removal, you will also be subject to a time bar. Finally, people who have been convicted of certain crimes may also be subject to time bars. If you have been convicted of a crime that makes you inadmissible to the United States, you may be barred from entering for a set time.

What are the Consequences of Violating a Time Bar?

If you violate the time bar, you may be subject to several penalties. These can include:

  • Being denied entry into the United States
  • Being placed in removal proceedings
  • Being detained by immigration authorities
  • Being subject to a civil penalty
  • Having your visa revoked

3 years

If you haven’t been in the United States for more than three years, you are generally not eligible to apply for a visa or green card. There are a few exceptions to this rule, but they are very rare. If you have been outside of the United States for more than three years, you will need to consult with an immigration attorney to see if you are eligible to apply for a visa or green card.

10 years

There are time bars for entering the US that vary depending on your country of citizenship. For example, if you are a citizen of Canada, Mexico, or the Philippines, you can enter the US without a visa if you meet certain requirements. However, citizens of other countries must have valid visas to enter the US.

If you are seeking admission to the US as a lawful permanent resident (LPR), there is a five-year time bar. This means that you cannot be granted LPR status if you have been unlawfully present in the US for more than five years. There are some exceptions to this rule, such as if you are married to a US citizen or have been granted asylum.

If you are seeking admission to the US as a nonimmigrant (temporary), there is generally a six-month time bar. This means that you cannot be granted nonimmigrant status if you have been outside of the US for more than six months. There are some exceptions to this rule, such as if you have a valid visa or are seeking entry for humanitarian reasons.

The time bars for entering the US can be complex and confusing. If you are unsure about your eligibility to enter the US, it is best to consult with an experienced immigration attorney who can help determine your options and whether you meet any exceptions to the time bars.

Permanent Bar

Several different time bars can prevent an individual from entering the United States. One of these is the permanent bar. The permanent bar applies to anyone who has been removed from the United States twice, or who has been ordered removed and has reentered the country without permission. This bar also applies to anyone who has been convicted of an aggravated felony.