Under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), a section sought to punish anyone who stayed in the US unlawfully by barring them from future legalization. Foreign nationals who have 6 to 12 months of unlawful presence in the US after their 18th birthday are barred from future entry for 3 years; those who are here for more than 1 year after their 18th birthday are barred for 10 years. Both of these bars are triggered on the day the foreign national leaves the U.S. The 3 or 10-year bars were supposed to discourage people from unlawfully entering the US, or from overstaying their visas, as well as to punish those who are already in the country without lawful status. The foreign national may be able to avoid the bars through several waivers.
Under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), a section sought to punish anyone who stayed in the US unlawfully by barring them from future legalization. Foreign nationals who have 6 to 12 months of unlawful presence in the US after their 18th birthday are barred from future entry for 3 years; those who are here for more than 1 year after their 18th birthday are barred for 10 years. Both of these bars are triggered on the day the foreign national leaves the U.S. The 3 or 10-year bars were supposed to discourage people from unlawfully entering the US, or from overstaying their visas, as well as to punish those who are already in the country without lawful status. The foreign national may be able to avoid the bars through several waivers.