If you left the country as a noncitizen for a valid reason, there is a good chance that when you return, you will be issued a 3 or 10-year bar preventing you from readmission. This can be disastrous for certain families, so if you find yourself in this situation, please read on to learn more about what you can do:
What does a 3 or 10-year bar mean?
Essentially, a 3 or 10-year bar goes into effect when a noncitizen was in the United States illegally, left the country, and attempted to return unauthorized. If you have a 3 or 10-year bar placed against your return, it will most likely impact your ability to get a green card, even if you meet all other qualifications. If you are barred from entering the United States, you must obtain experienced legal counsel who will assist you in your pursuit of citizenship.
Can I get a bar waiver?
In certain cases, the United States Department of Homeland Security will waive your bar if you apply for a waiver and are capable of demonstrating your case is one of extreme hardship to either a spouse or a parent. However, to get a waiver, you must apply from outside of the United States, making it very complicated to successfully obtain one. The process can be very time-consuming, and you may wait months, or even years to have a waiver approved.
What does “extreme hardship” legally mean?
Certain specific circumstances will constitute “extreme hardship,” and you will have to satisfy various requirements before you are granted a waiver. You must first prove that your qualifying relative will endure extreme hardship without your assistance, financial or otherwise. This qualifying relative must them supply a personal statement confirming the hardship they will endure without your admittance back into the country. You will also submit a personal statement to supplement your qualifying relative’s statement. The U.S. generally considers the following situations “extreme hardship”:
- Your spouse or parent has a medical condition and depends on you to take them to appointments, help them around the house, etc.
- Your spouse or parent has an ill family member and are is unable to provide them with the care they need without your assistance
- Your spouse or parent has financial debts and liabilities in the U.S. and needs you to help pay them off
- Your spouse or parent is financially dependent on your paycheck and you are unable to provide sufficient financial support from overseas
Contact our experienced New York City firm
The Law Offices of Cheryl R. David practices immigration law throughout NYC. Immigration is a sensitive issue, which is why you should consider a compassionate, experienced, and aggressive immigration attorney who will guide you every step of the way. If you have questions about your particular matters regarding immigration please do not hesitate to contact our office to discuss your circumstances and options.