Hey friends in this video, we're gonna talk about some really good news. For some people who have
the three or 10 year bar, a recent lawsuit has led U S C I S to make a decision, to allow some
people, to adjust their status without needing to leave the United States. Um, and wait outside of
the United States for the entire three year or 10 year that they've been barred. This
only applies to certain people. And I'm gonna explain to you very carefully in this video, who
it applies to and who it does not apply to. Thanks so much for watching this video. For those of you
who are new to me. Welcome. I'm Latoya McBean POY. I'm an immigration lawyer in New York, working
with clients all over the world on complex, uh, family, business and removal. Immigration
matters. If you'd like to work with us, contact us@mcbeanlaw.com or at 5 1 6 8 6 6 3900.
Before you go today, guys, don't forget to subscribe to my channel and hit the
notification bell so that you'll be in the loop. Uh, each week as my videos come out, let's talk
about this lawsuit and I'm gonna pull up, uh, the very relevant section from a recent status report,
whereby U S C I S agreed to change its policy. So let me back up and explain who this is for
and how it will help you. Now, first of all, if you had entered the United States
with a visa lawfully and you've overstay, and when you've overstay, you then left
the United States after some period of time. Now, if you, at the moment you left the United States,
you were then either barred for three years or 10 years from returning to the country. While you
were out of the United States, you then applied for another visa and the embassy approved you,
and you came back to the United States, and now you want to adjust your status.
There was a gray area in the law that, um, it was quite debatable, whether or not you would
be eligible to adjust your status, or whether you would have to go back home and wait for the entire
three years to be up or 10 years to be up before you would be eligible to apply for a green card.
U S C I S has now said that it will allow the bar to the bar of inadmissibility to run while you're
here inside the United States. What that means is that when you came back into the United States, if
you had maybe two more years or six more years to go on your period of inadmissibility,
they will allow the time that you are here in the United States to continue to,
uh, to add up. So to speak, to run until you get to that three year or that 10 year point after
which you will then be able to adjust your status, and you will not need to file a waiver to ask for
forgiveness for this inadmissibility problem. Now, the thing is this guys that, um,
if you had committed fraud or misrepresentation to get that new visa to come back to America,
while you will need the waiver, you will need the I 6 0 1 waiver, um, to be approved during
this adjustment of status process, because the fraud or misrepresentation and connected to in
connection to that, um, visa is still there. For instance, if you, when you were outside of the us,
you, um, were not truthful to the question. Have you ever been to the United States? Have you ever
been admitted? Um, what is your name, right? If you change your name or if you, uh, lie about your
previous entry and time in the United States, while during the adjustment of status process,
that type of fraud and misrepresentation usually comes to light for most people.
Now you will need a waiver if you did, in fact commit fraud to come back in.
But for other people who came back in under maybe the F1 student visa, and you had applied for
the, um, non-immigrant visa waiver, you not applied for, but you submitted one,
uh, the NIV NIV waiver to a us embassy, and they approved it. You would then be allowed
to come back in under that temporary visa student visa or whatever the visa is. Thus,
you will not need a waiver when you apply for adjustment of status. Now, I also wanna mention
who this does not apply to this does not apply to those of you who have the PERMA bar,
the permanent bar. And I think many of you who have the PERMA bar know exactly who you are,
this new change that's coming up does not apply to those, that section of the law. So
you would still need to remain for 10 physical, 10 years physically outside of the United States,
before you would be eligible to apply for a green card. Those of you with the PERMA bar,
this also doesn't help. And doesn't apply to those of you who are, who came to the us with your visa.
You've overstay. And you've just been here. You've been here and you're seven years in three years in
five years in, and you have never left and returned. This does not apply to you. It
only applies to those of you who actually left. And at the point of leaving the bar three or 10
year bar was triggered, and then you came back in lawfully with a visa with inspection,
Um, and you're here right now, and you're trying to adjust your status. I'm gonna take you into
the joint status report. Um, that was issued just recently. This is the Gomez V U S C I S case. This
is the joint status report that was filed on May 25th, 22. And I'm gonna take you to the relevant
section here where U S C I S is basically agreeing to change its interpretation of the law.
And it says this, uh, U S C I S intends to modify its interpretation of a certain section of our law
to no longer require an applicant for adjustment to spend his or her period of inadmissibility
outside of the United States. And is in the process of finalizing a revised policy,
including final approval by the department of Homeland security and issue a new guidance
to U S C I S adjudicators U S C I S also affirms that it is not currently denying
adjustment applications or requiring applicants to file waiver applications on the basis that an
applicant returned to the United States within the period of inadmissibility under this section.
So I'm gonna pause here and just, um, explain a little bit if I could get my words out,
explain a little bit of what I just read here. So U S C I S Freds is saying that it, um, will not
be denying the adjustment of status application solely because the person has this inadmissibility
issue on their record. Uh, and they're back in the United States and they didn't stay
for the, for the entire period. They didn't stay outside of the United States for the entire
period. So they're not gonna be denying people, uh, on their, on that basis alone. And then also
they're not going to be requiring people to file a waiver, to ask for forgiveness for that
inadmissibility problem. However, again, if you have fraud a misrepresentation on your record,
you will need a waiver to address those issues. This is very excited, great news for
some people who are in this situation right now and could not adjust their status otherwise.
So guys, what I'm noticing is that the Biden administration,
um, obviously have a, has a tremendous amount of failure with respect to immigration reform,
comprehensive immigration reform, legislative reform on capital hill. And so now they're
trying to find other ways that they could provide relief and help people through policy making, um,
and things that are within their jurisdiction to do. They're gonna be a little bit more lenient
to do it so that they could have some smaller wins, so to speak because they did fail
significantly with respect to comprehensive immigration reform, as promised to us by
president Biden. Uh, last year when he came into office, this is good news. Nonetheless,
for some people share this video with others, you never know who needs to hear this. You most people
who have an immigration problem, don't go around and tell others that they have a status problem.
And so you may not know if your friend, your coworker, or relative needs this information,
share the video. Thanks so much for watching, and I will see you in the next one. Bye.