Can I File a Waiver of the 3-Year Bar?

If you are subject to the 3-year and 10-year bar, you are going to need to apply for a waiver. The only way you can apply for a 3-year and 10-year bar waiver is if you have a qualifying relative. The qualifying relatives for the waiver are either a United States citizen or green card holder spouse or a United States citizen or green card holder parent. You have to demonstrate hardship to either one of those two qualifying relatives. Unfortunately, there’s no provision in the law that allows you to demonstrate hardship to children. If you have 10 United States citizen children and no parent or no spouse, then you are not going to be eligible to apply for the waiver of the 3-year and 10-year bar. If you have questions as to whether or not you qualify for the waiver or you have a qualifying relative that permits you to apply for the waiver, please contact my office and we’d be happy to discuss your situation with you.

Cheryl R. David is an experienced immigration attorney working in New York City. Please contact us for your free initial consultation.