Hola mi gente. This is attorney María Mendoza, and today I want to address an issue that concerns many immigrants in the United States: the permanent bar. This is one of the toughest obstacles for those seeking to adjust their immigration status in the country. In this blog, we will explain in detail what the permanent bar is and discuss potential solutions that some immigrants might pursue to finally obtain legal status in the United States.
What is the Permanent Bar?
The permanent bar is a penalty applied to immigrants who have accrued more than one year of unlawful presence in the United States after April 1, 1997, and who have made unauthorized departures and re-entries. Additionally, individuals who have been deported—regardless of the year—and return to the U.S. without authorization also face this penalty. The permanent bar prevents individuals from adjusting their immigration status through family petitions, such as the I-130. This situation is devastating for many immigrants who, despite being immediate relatives of U.S. citizens, such as spouses or children, are not allowed to adjust their status under current laws unless they wait outside the U.S. for 10 years.
Options If You Are Subject to the Permanent Bar
If you are affected by the permanent bar and wish to resolve your immigration status, there are several alternatives to consider. Common options include applying for asylum or pursuing cancellation of removal, also known as 42B. However, while these routes are viable, they often have low success rates and may only serve to buy time in some cases. A more promising alternative is exploring humanitarian visas.
You may also be interested in: The Ten Years Law
Humanitarian Visas
Humanitarian visas are an option for individuals who have suffered abuse or mistreatment in the United States. These visas provide an opportunity to adjust immigration status without leaving the country and can lead to permanent residency, even for those under the permanent bar. There are three primary types of humanitarian visas:
U Visa
The U Visa is for individuals who were victims of crimes within the United States or whose children were victims of certain serious crimes, such as sexual abuse. This humanitarian visa allows recipients to obtain a work permit while their case is pending and eventually provides a pathway to permanent residency. To qualify for a U Visa, applicants must:
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Be a victim of a crime that qualifies for a U Visa.
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Cooperate with law enforcement authorities.
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Have suffered physical, sexual, or emotional harm.
VAWA Visa
The VAWA Visa is a humanitarian visa aimed at individuals who have suffered abuse by close family members who are U.S. citizens or lawful permanent residents. This visa allows victims to independently petition for immigration relief without relying on their abuser. Benefits include work authorization, protection from deportation, a social security number, and the ability to apply for permanent residency.
The VAWA Visa is available to three main groups of abuse victims:
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Spouses of U.S. citizens or lawful permanent residents.
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Individuals divorced or separated from a U.S. citizen or lawful permanent resident, as long as no more than two years have passed since the divorce.
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Individuals with a U.S. citizen child who is at least 21 years old.
You may also be interested in: Humanitarian Visas: Relief for adverse situations
T Visa
The T Visa is a humanitarian visa for victims of human trafficking. It is the most flexible of the humanitarian visas, as it does not require marriage to a U.S. citizen, having a child over 21, or a spotless criminal record. Like other humanitarian visas, it can lead to permanent residency.
Situations where a T Visa may apply include:
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Abuse by smugglers or “coyotes.”
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Labor exploitation.
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Domestic violence that involves forced labor.
What to Do If You Are Subject to the Permanent Bar?
The permanent bar is one of the harshest penalties an immigrant can face, but it is not the end of the road. Solutions such as humanitarian visas can offer a pathway to regularize immigration status in the United States. If you find yourself in this situation, consult an immigration attorney to explore your options and make informed decisions. At The Mendoza Law Firm, we specialize in defending immigrants’ rights through humanitarian visas. If you or someone you know is facing the scenarios described in this blog, do not hesitate to contact us.
¡La lucha sigue!
