Immigration Consequences of Illegal Entry

Example 1. On May 10, 1999, John sneaks into the United States (i.e., enters the country without inspection). He leaves on May 11, 2000 (one year and one day later).  In June of 2002, John sneaks back into the United States. He is now permanently inadmissible, because he entered the country illegally after accumulating more than one (1) year of unlawful presence.

Example 2. On May 10, 1999, John sneaks into the United States.  He leaves on May 10, 2000. In June of 2002, John sneaks into the United States again. He is not permanently inadmissible, even though he entered the country illegally after accumulating one (1) year (not more than one year) of unlawful presence; but, John is inadmissible for 10 years, because he has accumulated one (1) year of unlawful presence (in one visit).  INA § 212(a)(9)(B)(i)(II).

Example 3. On May 10, 1999, Laura sneaks into the United States.  She leaves four (4) months later. Then again, on February 10, 2000, she sneaks into the country again. She leaves on August 20, 2000. By then, she has accumulated over one (1) year of unlawful presence.  In June of 2002, Laura sneaks into the United States again. She is now permanently inadmissible, because she entered the country illegally after accumulating more than one (1) year of unlawful presence in aggregate.

Example 4. On May 10, 1999, Jena sneaks into the United States.  She leaves three (3) months later. She is still not inadmissible and would be eligible to apply for a visa at a U.S. consulate overseas.

Example 5. On May 10, 1999, Ed sneaks into the United States.  He falls in love with Margaret, a U.S. citizen, and they marry in 2002.  Margaret files a family-based immigration petition on behalf of Ed as the spouse of a U.S. citizen. The USCIS approves the petition. However, Ed cannot adjust his status and receive a green card in the United States, because he has entered the country illegally (some exceptions are available). Ed has to leave the country and apply for a visa at a U.S. consulate overseas; but, the consulate cannot issue a visa to Ed, because he has accumulated one (1) year or more of unlawful presence.  Ed's best available option would be to obtain a waiver of his inadmissibility due to unlawful presence. See Application for Provisional Unlawful Presence Waiver.

Example 6. On May 10, 1999, Ed sneaks into the United States.  He leaves the country in June of 2000, and sneaks back into the country a month later.  Ed falls in love with Margaret, a U.S. citizen, and they marry in 2002.  Margaret files a family-based immigration petition on behalf of Ed as the spouse of a U.S. citizen. The USCIS approves the petition. However, Ed cannot adjust his status and receive a green card in the United States, because he has entered the country illegally (some exceptions are available). Ed has to leave the country and apply for a visa at a U.S. consulate overseas; but, the consulate cannot issue a visa to Ed, because Ed entered the country illegally after accumulating more than one (1) year of unlawful presence and, therefore, he is permanently inadmissible.  Because Ed is permanently inadmissible, he has to wait 10 years outside of the United States and then seek a waiver using Application for Permission to Reapply for Admission into the United States after Deportation or Removal (Form I-212).

Example 7. On May 10, 1999, Ed sneaks into the United States.  A week later, he meets Margaret, a U.S. citizen. They fall in love and marry two (2) months later. Margaret files a family-based immigration petition on behalf of Ed as the spouse of a U.S. citizen. The USCIS approves the petition.  Meanwhile, Ed leaves the country on November 1, 1999. The USCIS forwards the approved petition to Department of State for consular processing overseas.  Ed is not inadmissible. He can go to the U.S. consulate overseas and apply for his immigrant visa (green card) to the United States.