Consular processing

Facing a 3 or 10-year bar? Our experienced NYC immigration attorneys can help you navigate the process and explore waiver options. Contact The Law Office of Neal Richardson Datta for expert legal guidance today.

Why choose 3 or 10-year bar?

Overstaying a Visa

If you stay in the U.S. beyond the allowed period and leave, you may face a 3 or 10-year bar depending on how long you overstayed.

Illegal Presence in the U.S.

If you were in the U.S. illegally for more than 180 days but less than a year (3-year bar), or more than a year (10-year bar), you could be barred from returning.

Impact on Green Card Process

The 3 or 10-year bar can delay or prevent you from adjusting your status to become a lawful permanent resident. You may need a waiver to overcome it.

3 and 10-Year Bar Attorney in NYC

The path to becoming a lawful permanent resident of the United States is often through consular processing or adjustment of status. However, certain issues can complicate this process—one of the most significant being the 3 or 10-year bar. This bar can prevent individuals from entering the U.S. for a designated period of time, which can delay or halt the Green Card process entirely. If you believe you are subject to a 3 or 10-year bar, it’s essential to seek the guidance of an experienced immigration attorney. At The Law Office of Neal Richardson Datta, we specialize in helping individuals navigate these complex immigration challenges.

Extreme Hardship Waivers

Fortunately, the Department of Homeland Security (DHS) may allow for a waiver of the 3 or 10-year bar under specific circumstances. If you can demonstrate that your spouse or parent would face “extreme hardship” if the bar is enforced, you may be eligible for a waiver. Examples of extreme hardship include:

A spouse or parent needs medical care or financial support.
Your absence would cause significant emotional or financial hardship to a close family member.
You are needed to care for an ill family member and cannot do so if separated.

Proving extreme hardship requires strong evidence and documentation. Your spouse or parent may also need to provide supporting documentation. Waiver applications are typically filed abroad, and approval can take a substantial amount of time. For those in the U.S. waiting to resolve the bar, having legal representation is essential to ensure the process goes smoothly.

Contact Our Firm

If you are facing the 3 or 10-year bar, it’s important to work with an experienced attorney to understand your legal options and pursue a waiver if applicable. The Law Office of Neal Richardson Datta has extensive experience in handling complex immigration matters, and we are committed to keeping families together and helping individuals achieve their immigration goals.

Contact The Law Office of Neal Richardson Datta today to schedule a consultation and discuss your legal options regarding the 3 or 10-year bar. We are here to provide the expert guidance you need to navigate these challenges and work towards your Green Card and permanent residency.

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