The woman who said that the Immigration and Nationality Act has not been amended since 1986 is wrong. There was an amendment in 1990 (IMMACT90) which actually increased the number of immigrant visas available each Fiscal Year, and IRAIIRA in 1996, which is where her issue is, since it defined "unlawful presence" and penalties for remaini…
The woman who said that the Immigration and Nationality Act has not been amended since 1986 is wrong. There was an amendment in 1990 (IMMACT90) which actually increased the number of immigrant visas available each Fiscal Year, and IRAIIRA in 1996, which is where her issue is, since it defined "unlawful presence" and penalties for remaining unlawfully in the United States (unlawful for more than one year is a 10 year bar if you depart the U.S.). She would have been better off under the pre 1996 law, because you could just hang out in the U.S. and then travel to a Consulate for your immigrant visa, no harm no foul, or pay a $1,000 penalty fee under Section 245i and adjust status without ever having to leave the U.S. Her problem is if she leaves, she's subjecting herself to the 10 year bar.
The woman who said that the Immigration and Nationality Act has not been amended since 1986 is wrong. There was an amendment in 1990 (IMMACT90) which actually increased the number of immigrant visas available each Fiscal Year, and IRAIIRA in 1996, which is where her issue is, since it defined "unlawful presence" and penalties for remaining unlawfully in the United States (unlawful for more than one year is a 10 year bar if you depart the U.S.). She would have been better off under the pre 1996 law, because you could just hang out in the U.S. and then travel to a Consulate for your immigrant visa, no harm no foul, or pay a $1,000 penalty fee under Section 245i and adjust status without ever having to leave the U.S. Her problem is if she leaves, she's subjecting herself to the 10 year bar.