Children and adults are both equally subject to a permanent bar

Feb 23, 2023 | immigration lawyer, Immigration News, Immigration Status

A permanent bar in an immigration case can present major obstacles. The permanent bar is a legal term that can have a devastating effect on the lives of individuals and their families. It refers to a permanent inadmissibility status imposed by United States Citizenship and Immigration Services (USCIS) due to certain criminal convictions or other reasons. The permanent bar may also apply to children, even if they are too young to understand the implications. In this blog, we will discuss what constitutes a permanent bar and how it could affect the immigration status of minors. If you or a loved one has concerns about a Permanent Bar, please contact Puntier Law as soon as possible!

There is no waiver for the permanent bar

A permanent bar in an immigration case means a person is not allowed to enter the United States legally for 10 years unless the person obtains a waiver. This permanent bar can be imposed if someone enters the country illegally, accrues unlawful presence in the United States for a year or more after April 1, 1997, departs the United States and then re-enters or attempts to re-enter. There is another way to trigger this bar. If the person receives an expedited removal order at the border and re-enters or attempts to re-enter illegally or if the person is deported and attempts to re-enter or re-enters the United States illegally. There is no way to get around this permanent bar, and it cannot be changed. Once you get permanently barred all bets are off until the person spends 10 years outside of the United States. This is the case even if you are a minor who was brought into the country illegally, led to violate a deportation order, or reside illegally in the United States.

Children can be barred through no fault of their own

Any child or adult who is barred from the United States under the Permanent Bar clause must stay out of the country and is barred from receiving immigration benefits while they are subject to the bar. The permanent bar lasts for 10 years, so you must stay outside of the United States for at least that long. A permanent bar is a permanent inadmissibility status given by the US government, and the best way to handle it is by educating yourself. Unfortunately, it doesn’t matter whether they are adults who made the decision to break the law or children who did so under the direction of parents or guardians. 

Avoid getting a permanent bar for yourself and your children

You may qualify for immigration benefits but if you are subject to the “Permanent Bar” you will likely not be able to take advantage of anything. If you or a loved one may be subject to this sort of penalty, you can contact Puntier Law for a consultation and a legal strategy that may protect you and your loved ones from suffering the consequences of the Permanent Bar. Once you call our office and explain your concerns you will be given an appointment for a legal assessment with an experienced attorney who will evaluate the merits of your case with you. You will also be presented with as many legal options as possible given your unique circumstances. For example, you may be a minor with United States citizenship rights through a parent that is a United States citizen and not even know it. Don’t give up on your dreams, contact us for an in-depth legal analysis and let us help you with a creative solution to address your unique needs. Contact Puntier Law today for more information. 



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