3 & 10-year bars can have a major impact on an individual and their family. Luckily, if you are issued a bar, an immigration attorney may be able to help. Read on to learn more about your options.

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 leave, you will not be able to 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.

What to know about bar waivers:

The United States Department of Homeland Security can waive the bar if an applicant is able to prove that their spouse or parent would experience extreme hardship without their return. It is important to know that extreme hardship does not apply to the immigrant himself, or his children.  While it is possible to obtain a waiver, it is difficult to do so. Additionally, an appeal of a denied waiver can take as long as 28 months before adjudication.

What constitutes extreme hardship?

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.

If you have any questions or concerns about a 3 & 10-year bar waiver, our firm is here to help. Reach out today to discuss your options with an experienced and dedicated 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.