Amidst the strengthening of immigration policy of the President of the United States, Donald Trump, stands out a rule that may affect, to a greater extent, immigrants who have resided in the North American country for more than one year and seek to leave and re-enter the country: the 10-year law.
This regulation, also known as the 10-year punishment, is part of the United States immigration law and establishes that any person who has lived “illegally” in U.S. territory for more than one year and subsequently leaves the country, will not be able to re-enter for a decade.
To fully understand this regulation, it is important to note that the U.S. Government establishes that any person who resides on U.S. soil without having received an entry permit, is considered as an immigrant with “unlawful presence”.
This classification begins counting from the first day the person enters the United States or after the date indicated on the Form I-94, which serves as an electronic record of entries and exits for travelers in the country, and is usually required in various immigration procedures by the U.S. Citizenship and Immigration Services (USCIS).
How does this measure affect immigrants seeking to regularize their status?
According to the Immigration and Nationality Act (INA), the 10-year “penalty” period applies from the moment the person leaves the country.
Therefore, and in a clear and direct manner, the 10-year penalty affects all those people who are deported or are seeking status regularization but are not eligible to carry out these procedures within the United States.
It is important to mention that an immigrant can be declared inadmissible regardless of whether they leave the United States before, during, or after the deportation proceeding.
How to reverse this “penalty”?
Some ways to justify a person's legal presence in the United States and avoid this “penalty” is through asylum application, proving that they have been victims of violence or abuse or are minors. Similarly, one can opt for the pardon request option.
This process allows individuals in the United States without permission to obtain status regularization without having to leave. However, according to lawyer Elizabeth Uribe, from Uribe & Uribe APLC, in an interview with CNN, this process is not as simple as it seems due to the series of requirements needed.
"Some people qualify for a pardon and what a pardon is, in simple terms, is asking the Department of Homeland Security (DHS) for forgiveness for being here without papers and approving the pardon to obtain my residency without having to leave or wait abroad for 10 years’. To qualify for that pardon, you have to be married to someone or have a parent who is a resident or citizen,” revealed the expert.
According to USCIS, there is also the possibility of requesting provisional waivers for unlawful presence before leaving the United States for a consular interview, as long as it is demonstrated that there is a direct familiarity with spouses, children, and parents of U.S. citizens.
*This article has been translated automatically using artificial intelligence