3 & 10 Year Bar Waivers | What to Know

There are rules and regulations to follow when it comes to entering and re-entering the country. If proper protocol is not followed, there may be serious consequences. One of the obstacles you may face if you reside illegally in the United States, leave, and then return illegally, is a 3 & 10 Year Bar.

What is a 3 & 10 Year Bar?

If you are in the U.S. illegally and you return without authorization, you will likely be issued a 3 & 10 Year Bar preventing you from readmission. If you are in the United States illegally for more than 180 days and then you leave, you cannot return for 3 years. If you are in the United States for more than a year and then voluntarily leave the United States, you cannot come back for 10 years. This can severely impact your family as well as your ability to get a green card, even if you meet all other requirements. If you are issued a 3 & 10 Year Bar, you will need to retain the help of an experienced immigration attorney.

Can I get a Waiver?

There are some cases in which the Department of Homeland Security will waive the bar. In this case, you will need to be able to prove extreme hardship in order to obtain a waiver. While it is possible to obtain a waiver, it is a very long and difficult process.

Extreme Hardship Waivers

You will need to prove that a spouse or a parent will endure serious suffering without your help if you cannot re-enter the country to care for them. Extreme hardship does not apply to the immigrant himself, or a child of the immigrant. Generally, the U.S. considers the following to be examples of extreme hardship:

  • Your spouse or parent has a medical condition and depends on you to take them to appointments, help them get around, etc.
  • Your spouse or parent has an ill family member and 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 your help to pay them off
  • Your spouse or parent is financially dependent upon your paycheck and you are unable to provide sufficient financial support from overseas

If you are a loved one has been issued a 3 & 10 Year Bar, it is important to reach out to a skilled immigration attorney. Please contact our firm with any questions or concerns you may have.

Contact Our New York City Immigration Lawyers

Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.