What is the 3-10 year bar?

The three and ten-year bars can be an obstacle for those trying to enter into the United States from foreign nations. If immigrants formerly lived in the U.S. illegally, they may face these bars after leaving the country when they eventually try to regain entry into the U.S. Although immigrants may think they can gain access to a green card due to a marriage to a U.S. citizen or other family relationships, the bar is taken seriously. Immigrants may risk gaining affirmation of citizenship or green card access due to the bar. Familial ties do not automatically grant immigrants a green card.

There are ways to waive the three and ten-year bar though. If an immigrant can establish that hardships would result in a spouse or parent due to their inability to reenter the country, then they may be given a break. These immigrants should apply to have the bar waived. This is known as the extreme hardship waiver. Through this, you will have to establish that your assistance is needed in the U.S. for the well-being of your family.

What counts as a hardship?

In order to waive the three or ten-year bar, specific circumstances must be met. These examples of extreme hardships include: a spouse or parent that needs your care for a medical condition, a spouse or parent that is financially dependent on you and you cannot provide adequate support overseas, a spouse or parent that has financial debts in the U.S. and cannot pay without your aid or a spouse or parent that has another sick family member and will be unable to care for them without your support.

How can I waive this bar?

For these situations, hardship for the immigrant or their children is not a factor when applying for a waiver. Although these are possible to receive, it can be difficult to obtain. An attorney can help you pursue this waiver and build your case. Upon claiming your hardship, an analysis will be made to determine the final outcome. This analysis will require you to provide evidence for your hardship. You may wish to submit a personal statement to support the arguments that are required to be made by your qualifying relative. The qualifying relative must provide a personal statement to discuss the hardship being experienced and the effects that your absence would have.

During these times where the waiver is being considered, applicants will usually be outside of the United States and have to wait long periods of time for approval. In order to best secure your case, contact our attorneys for legal aid.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.