Cracking Immigration

Sept 30, 2016 will mark the anniversary of the promulgation of these Illegal Immigration Reform and Immigration Responsibility Act of 1996. IIRIRA was the product of the Republican majorities in these House and Senate. Since Americas last significant immigration reform legislation, IIRIRA comprised sweeping amendments of the U.S. Immigration system. Some of IIRIRAs changes that are crucial were to limit immigration by producing penalties. One feature of IIRIRA that immigration lawyers face on a regular basis is the production of the three year, 10 year, and bars that are permanent. IIRIRA made anyone who present for one year inadmissible or 6 months, meaning to get a permanent or temporary visa, for 10 years.

The 10 year pub especially is the main obstacle that prevents many undocumented immigrant with U.S. Citizen spouses, parents, or kids, ineligible to legalize their status. The bars operate upon an immigrants death from the U.S., meaning that an undocumented immigrant that entered the U.S. Without authorization in the U.S. And that has lived for over one year without status can’t get his immigrant visa in the U.S. Embassy or consulate overseas even through an immediate family relationships. Whilst a wavier is available based on proven extreme hardship to U.S. Citizen or legal resident parents or spouses, these waiver applications are difficult to obtain and usually require significant time and financial expenditures to obtain approval.

In addition, an undocumented immigrant who entered the U.S. Without authorization after triggering the 10 year bar or after being removed from the U.S. Isn’t eligible for reenter legally, and a waiver can only be filed after demonstrating she or he has physically resided outside the U.S. For 10 years. Another feature of IIRIRA was the expansion of the term. Under U.S. Immigration law, a foreign nationalwhether he’s undocumented or a legitimate permanent residentmay be removed through expedited proceedings with little or no chance to fight his case if he’s been previously convicted of an aggravated felony. Having a conviction for an aggravated crime on ones record renders an ineligible for almost any form of relief or defense to removal. Pre IIRIRA, these term aggravated felony was defined by an enumerated list of types of crimesincluding violent offenses and crimes for which these sentenced term of imprisonment was five decades or more. Under IIRIRA, the categories of offenses was increased to include now 50 different types, and these term of imprisonment for theft and violent offenses was lowered to only one year or more.