When an individual is present in the United States illegally, an automatic ban is put in place for re-entry into the country if the individual leaves the U.S. in pursuit of an immigrant visa. There is a three year penalty for six months to one year of unlawful presence, and ten years for any illegal stay over one year in duration. These penalties remain in effect even if the individual is the beneficiary of an approved immigrant visa and is otherwise able to qualify for immigrant status.
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