Immigration Law WeeklyAugust 12, 1996
I previously accepted a very short contract position in the computer field in the United States. However, I neglected to get the necessary permits to work in the US. As a result I had to appear before an immigration judge.
My lawyer advised me to plead guilty. He also said that as a Canadian I would be refused entry to the U.S. for a year. He mentioned that I might have to re-apply for the right to enter the US after the one year period. I did not receive any written judgment from the INS and I can not locate my lawyer right now.
The one year period has now passed and I am trying to find out what I need to do in order to be eligible to enter the US again. What do I do?
I don't know if you were deported while in the United States or merely found excludable when attempting entry to the United States. Deportation will occur where you are caught in the United States. Exclusion occurs where you are caught while attempting entry to the United States.
If you are found excludable at an exclusion hearing, you will be barred from entry for 12 months. If you are deported, you will be barred for 5 years (unless you were deported for an aggravated felony, in which case the period of time is 20 years). Please refer to the section on exclusion for immigration violators. You may apply for advance permission to enter the United States prior to the expiration of the relevant period. Please refer to section on waivers of inadmissibility under INA §212(d)(3).
I will assume that you were excluded rather than deported. Assuming you were excluded because you were entering without a work authorization (which is not an aggravated felony), you would no longer be barred from entry after 12 months. You are not required to take any formal action after the period of excludability is over, although will have to establish that you have remained outside the United States for the required period when you seek entry.
However, you may still be denied entry if you seek admission under a visa category which does not permit you to work in the United States. The next time you try to enter, the INS will probably believe that you intend to work in the United States without authorization again. Unless you can persuasively demonstrate your lack of intention to work in the United States, you may encounter some difficulties. If you apply for and obtain a status under a work category, you should be okay. However, expect some difficulties for visitor entries.
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