Individuals who were in the United States illegally and had to leave the country may be denied reentry. When this happens, they may be barred upon return. In these situations, it is important to retain the services of an experienced New York immigration attorney to provide assistance. 

What are 3 & 10-Year Bars?

When a person is barred from entering the country, it is usually done for either three years, 10 years, or indefinitely. These prevent the individual from obtaining a green card as well. However, certain situations may qualify them to receive a bar waiver. With this, they are allowed to stay in the United States despite being previously barred. 

Do I Qualify for a Bar Waiver?

In order to qualify for a bar waiver, the United States Department of Homeland Security must concede that the individual’s parent or spouse would endure extreme hardship if the bar was not waived. This can be challenging to do, as USCIS does not take these situations lightly. It is the unfortunate reality that the waivers take some time to receive and the individual must wait until they are officially approved to return to their family. 

What is Extreme Hardship?

It is important for individuals who are required to prove extreme hardship to prove that either their spouse or parent(s) require their assistance in order to survive in the country. Without their presence, these parties will either not make it or just get by. However, USCIS is sometimes reluctant to waive bars even with proof. It is because of this that the evidence must be as convincingly as possible. This can be done by showing the following:

  • A spouse or parent is extremely sick or has a medical condition requiring the individual’s care/assistance
  • A spouse or parent is dependent on their paycheck, and without it, he or she would ensure extreme financial hardships
  • The spouse or parent has a family member who is very ill or has a medical condition that requires the individual’s care
  • The parent or spouse has financial debts in the US and needs the individual to help them pay those debts back

Contact our 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.