14 years immigration rule

[Rawling]

I am just curious to know if 14 years immigration rule does include time when immigrant was legal and illegal or it is only include illegal years.

E.g if immigrants was here for 4 years legally as student and 4 years illegally as overstayer. Is that means he need to complete 6 more years or 10 more years.

Thanks.

[Jeff Albright]

6 more years.

The IND will not normally remove anyone who has spent in this country continuous 14 years in any legality unless their presence in this country is not conducive to the public good (if the person has been sentenced to imprisonment at any time lasting for 12 months or longer).

The period is normally considered broken if an Enforcement action has been initiated within these 14 years even if the person has not been removed. However, it is possible to appeal on Human Rights on this instance because it is quite likely that having spent 14 years here you develop family and private life. However, in order to win an appeal you really do not want to show your bad immigration history and non-compliance with the immigration rules. Maintaining the efficient immigration controls is the "prior axiom" in any modern democratic society at all times...

[Rawling]

Thanks