The United States has strict rules and regulations when it comes to being able to live in the country. People may think that a marriage to a United States citizen can result in lawful residency, however, that is not the case. In some unfortunate cases, immigrants will have to face a 3-10 Year Bar. These bars can have devastating impacts on the individual and their family, however, in some cases a waiver can be used. If you would like to learn more about 3-10 Bar Waivers, contact our experienced New York immigration attorneys today at The Law Offices of Cheryl R. David.

What are 3-10 year bar waivers in New York?

If an immigrant has been residing in the United States illegally and leaves the country, they may be barred from reentry. If an individual is barred, they may face extreme difficulty in obtaining a green card, even if they are married to a U.S. citizen or another family member of that citizen. With a 3-10 Year Bar, individuals must leave the country to apply for their green card overseas, but they will be barred from re-entering the United States for three or ten years after they leave the country.

A 3-10 Year Bar waiver may be used in some cases for individuals that can present an extreme hardship to the United States Department of Homeland Security.

What is an extreme hardship waiver?

The United States Department of Homeland Security can waive the bar if an applicant is able to prove that extreme hardship would result to their spouse or parent if the applicant was prohibited from entering the United States. It is important to note that an extreme hardship to the immigrant themselves or his or her children do not count as a factor. While a waiver is possible, it is very difficult to obtain. An appeal of a denied waiver can take as long as 28 months before adjudication.

Some examples of extreme hardship may include:

  • Your spouse or parent has a medical condition and depends on you for care.
  • Your spouse or parent is financially dependent on you and you will not be able to provide adequate support from overseas.
  • Your spouse or parent has financial debts in the United States and cannot pay them without your assistance.
  • Your spouse or parent has another sick family member and will be unable to care for that person without your support.

Extreme hardship is also determined by factors including family ties, age, health, financial impact, and home country conditions. Typically, applicants must apply for their waiver from outside of the United States and will wait a long time for approval. In some cases, immigrants have to choose between leaving the country and taking the risk they might not be able to return, or remaining in the country illegally.

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.