Vol. 8, No. 5, Pg. 38. Barring the Door On Foreign Nationals Going Out of Statut.

• Author: By Henry M. Burwell

South Carolina Lawyer

1997.

Vol. 8, No. 5, Pg. 38.

Barring the Door On Foreign Nationals Going Out of Statut

38Barring the Door On Foreign Nationals Going Out of StatutBy Henry M. BurwellOn September 30, 1996, U.S immigration law took a new - twist that could prove troublesome for foreign nationals who are. inattentive to the maintenance of their status as visa holders:

Effective April 1, 1997, foreign nationals, including intending permanent residents and non-immigrants, must pay close attention to the maintenance of their properly. acquired status or they could:be barred from the United States if such status is permitted to lapse for six months or longer.

This new spectre is one of the dramatic changes in immigration law effected by conservatives and liberals in Congress grappling with illegal and legal immigration reform. The changes made by the- Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) have made foreign nationals and their employers wary about compliance with immigration labor law since the stakes have been significantly raised for employers and the foreign nationals who now are at risk More than ever before.

Overstays

Employers and foreign nationals must be meticulous about obtaining and maintaining appropriate visa status for employment or for theirlawful presence in the United States. Non-immigrants who are in the United States on a waiver, business employment visa or visitor's visa should not allow their permission to stay in the U.S. or their underlying visa permitting entry to expire.

Any foreign national who is unlawfully present in the U.S. for a period of more than 180 days but less than one year who voluntarily departs prior to being removed by the Immigration and Naturalization Service (INS) and who seeks readmission into the U.S. will be barred from readmission for three years from the date of such voluntary departure or removal.

Any foreign national who is unlawfully present one year or longer and departs or who is so removed will be barred from readmission for 10 years from the date of such departure or removal. A foreign national is deemed to be "unlawfully present" in the U.S. under this provision if he or she is present in the U.S. after the expiration of an authorized period of stay or is resent without being admitted or paroled (Section 301).

Some practitioners...