PERMISSION TO REAPPLY FOR ADMISSION

By Norka M. Schell, Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com

Congress imposed harsh restrictions on the re-entry of foreign nationals who have been previously removed with passage of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IllRAIR). The Sections 212(a)(9)(A)(i) and (ii) of the Immigration and Nationality Act, as added by IIRAIRA provide that aliens who have been ordered removed may not be readmitted to the United States until they have remained outside the country for a specific period of time: (a) five years or individuals removed through summary exclusion or through removal proceedings initiated upon the person's arrival in the United States; (b) 10 years for those otherwise ordered removed after a deportation hearing or who departed the United States while an order of removal was outstanding; and (c) 20 years for a second or subsequent removal. The bar to readmission is permanent for foreign nationals convicted of an felony. Foreign nationals who wish to return to the United States prior to the passage of required amount of time, as specified in the regulations, must request for a permission to reapply for early admission.

U.S. Citizenship and Immigration Services (USCIS) has broad discretionary authority when it come to evaluating requests for permission to reapply.