A new Biden administration policy suggests that people in the country illegally who are deported are no longer forced to wait outside the country for up to 10 years before applying for legal status.
In the past, the U.S. Citizenship and Immigration Services would have denied any application for legal status under the so-called three-year/10-year statute.
This means immigrants with expired visas who left the country before a year passed had to wait three years before applying to come back legally. Anyone in the country illegally beyond a year who was deported had to wait a decade before seeking to apply.
The newly formed policy says, “noncitizen’s location during the statutory 3-year or 10-year period and the noncitizen’s manner of return to the United States during the statutory 3-year or 10-year period is irrelevant for purposes of determining inadmissibility.”
Robert Law, who directed the U.S. Citizenship and Immigration Services (USCIS) policy office for the Trump administration, called this new policy “basically an invitation for any deported alien to pay the cartels to smuggle them back into the U.S. while they let the clock run out.”
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