Can the Green Card be denied to Mexican citizens?
Can the Green Card be denied to Mexican citizens?
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One of the reasons why the resident card or Green Card can be denied to Mexican citizens has to do with the “Permanent Bar” that has been applied since 1997 to those who entered the United States illegally.
It has even happened that when they apply for the Green Card and leave the country for Mexico for the process, they do not know that they are subject to the permanent bar. Of course, the results are tragic.
Instead of obtaining a Green Card at the consulate in Ciudad Juárez, the person is told that they are not eligible and must remain outside the United States for ten years. Therefore, if you are Mexican and you will leave the country, you must make sure that the permanent bar will not be applied to you when doing so.
Grounds of inadmissibility
The Immigration and Nationality Act, INA, has a number of grounds for inadmissibility, including the aforementioned permanent bar. In general, these reasons are impediments to entering the United States and include criminal violations, security violations, health problems, and the likelihood of applying for government assistance.
When a person is found inadmissible, they will be denied any application for an immigrant visa and even a nonimmigrant visa in some cases.
What is the permanent bar?
The permanent bar makes inadmissible any alien who has been in the United States illegally for a period of one or more years. It also applies to someone who has had an expulsion order and tries to enter the country after being refused admission.
On the other hand, unlawful presence refers to someone who entered the United States illegally or legally but did not leave the country on time. This can result in three to ten-year bars, even if the person was a minor when the entry occurred.
Exceptions may exist if the situation occurred before April 1, 1997, when the law came into effect. These people would not be subject to the permanent bar.
What can be done if a permanent bar has been applied?
If you are subject to the permanent bar, you can apply for permission to enter the United States after waiting ten years. However, it is not possible to apply for a visa or Green Card immediately by the usual methods, and you must first obtain the consent of the country’s government.
This consent is obtained through a form called “permission to reapply for admission” or 12-12, which is issued by the Citizenship and Immigration Service, USCIS.
In the case of a nonimmigrant visa, you must request an exercise of discretion or a waiver from the permanent bar. Those who can apply to VAWA can also try this way.
If you are subject to the permanent bar, ideally, you should not leave the country. Instead, we encourage you to seek legal advice to assess what options exist for you to resolve your immigration status. At Kannan Law, we are ready to support you as immigration attorneys. Contact us.