🔺 r/USCISuMiddle_Blackberry337·42 days ago

Is NTA or After Court avoid 3 year bar?

Hello. 1 January 2023 Unlawful entry and detained at border. then released with a Notice to Appear (NTA), without parole. 8 months later, on August 8, 2023, I filed an asylum application My asylum case is currently active and pending in court. I am now married to my citizen wife after two years happily relationship and she is pregnant for our princess. So we need to do consular processing for my marriage case. My Question: Because I accrued about 8 months of unlawful presence before filing for asylum, I am trying to figure out if the 3-year bar applies to me. "The law under 8 U.S.C. § 1182(a)(9)(B)(i)(I) states that the 3-year inadmissibility bar triggers if you accrued between 180 days and 1 year of unlawful presence and departed "prior to the commencement of proceedings." Since my court proceedings have commence, does the 3-year bar still apply if I depart with volunteers departure or motion to terminate for asylum case? 3 year bar has 2 condition; 1- staying unlawful over 180 days under 365 days. 2- departure prior commencement of proceedings. So i will departure after commencement technically. or will I still be required to get an I-601A waiver? Thank you! submitted by /u/Middl…
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USCIS
US Citizenship and Immigration Services — applications, timelines, status.

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