To learn more about a 3 & 10-Year Bar Waiver, reach out to a skilled Family Immigration attorney in New York City.

What is a 3 & 10-Year Bar?

In order for a bar on re-entry into the United States to occur a person must have been in the United States unlawfully, left the country, and tried to return. Additionally, they may be barred from doing so and obtaining a green card, even if they seem to qualify otherwise. Their bar from entering the United States again can last for three or ten years.

What is extreme hardship?

It is important to note that the United States Department of Homeland Security can waive the bar if an applicant can show a case of extreme hardship to a spouse or parent if the applicant is not permitted to re-enter the U.S. Waivers can be difficult to obtain. Additionally, applicants must apply for the waiver from outside of the United States and may have to wait for long periods of time for approval. Sometimes immigrants have to decide between leaving the country and taking the risk they might not be able to return, or staying in the country illegally. This can result in families enduring hardship before being allowed to re-enter. For instance, a wife with a disabled husband might choose between departing the United States to apply for citizenship or staying illegally to care for her U.S. citizen husband. The requirements can result in a “Catch-22” for applicants and make problems in keeping families together. Some examples of extreme hardship include the following:

  • Your spouse or parent is financially dependent on you and you will not be able to supply sufficient support from abroad.
  • Your spouse or parent has a medical condition and relies on you for care.
  • Your spouse or parent has financial debts in the United States and cannot pay them without your help.
  • Your spouse or parent has another sick family member and will be incapable of providing care for that person without your help.

It is important to understand that you will be required to supply proof of the extreme hardship. First, your qualifying relative must provide a personal statement discussing the hardship and stating the anticipated effects of your absence. You may also want to think about submitting a personal statement to support the arguments made by your qualifying relative and concerning conditions in your home country. Reach out to our firm today to speak with a 3-10 Year Bar New York City immigration attorney.

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.