Recommendation # 5:  Eliminate 3 and 10 year Bars to Reentry for voluntary exits by overstays

For all persons who are ineligible for legalization under other provisions of law, the 3-, 5- and 10-year bars will be waived if they voluntarily exit the United States and apply for legal immigrant or non-immigrant visas at a U.S. consulate abroad.  In order to reenter the United States, they will be required to pay $1,000 for every year they remained in the United States without authorization prior to departing the United States.  If, within 90 days of application for reentry, the United States government ascertains that they owe back taxes, they will be required to pay an amount equivalent to the higher of the $1,000 or the back taxes owed prior to readmission to the United States.

Current Situation: 

Currently, there is no “exit” strategy which allows an individual to depart and return legally to the United States if he/she remained unlawfully for more than 180 days. This has effectively resulted in the United States creating a proverbial “Berlin Wall” preventing these individuals from leaving the United States without any promise to return legally to the United States for 3 to 10 years, depending on the length of overstay in the United States.

Expected Results:  Large numbers of ineligible persons will have an incentive to depart the United States, confident that they may pay the fine and then apply to return legally in either nonimmigrant or immigrant status, based on eligibility.