Through consular processing and adjustment of status, one can work towards getting a Green Card, providing the right to work and live in the United States permanently as a lawful permanent resident. A Green Card is often the precursor to gaining citizenship. When a person wishes to become a lawful permanent resident, there are issues that can impact the process. One of those issues is the 3 or 10-year bar, which can make a person inadmissible to the United States for a predetermined period of time, stopping them from returning for any reason without a waiver, including being able to get a Green Card and pursuing citizenship. If you believe that you are subject to a bar, it is important to discuss your situation with an attorney and retain the services of an effective legal professional. To schedule an appointment with our firm, contact The Law Office of Neal Richardson Datta.
What is the 3 or 10-year bar?
As stated above, a 3 or 10-year bar will stop you from being able to enter the United States. This could be put in place for those who enter the United States illegally or overstay a visa. If you were in the United States illegally for over 180 days but less than a year and left, you could be subject to a 3-year ban. For those who illegally stayed in the United States for over a year, a 10-year ban could be a reality. This could seriously impact a person’s immigration status. Depending on the situation, you could be eligible for a waiver that allows you to continue your pursuit of a Green Card.
Extreme hardship waivers
The Department of Homeland Security can waive a bar if the applicant can prove an extreme hardship to one’s spouse or parent if the bar was put into effect and the person was not allowed to enter the United States. A 601 waiver could be prudent with examples of extreme hardship, including:
- An ill parent or spouse needs care
- A spouse or parent financially depends on the subject staying in the United States
- The payment of debts for a spouse or parent depends on the subject staying in the United States
- The subject is needed to support a spouse or parent’s ill family member and cannot do so overseas
To establish extreme hardship, the subject of the bar will need to provide evidence of this claim. In addition, those who will most deeply be affected by the bar may also need to provide evidence supporting the subject’s claim. To start the process, the waiver usually must be filed abroad and the wait for approval may be substantial. For those in the United States waiting on the dismissal of a bar, having an attorney is crucial.
Contact our firm
If you are impacted by a 3 or 10-year bar, you should contact an attorney to discuss your legal matter. The Law Office of Neal Richardson Datta is an experienced immigration law firm located in New York City. We are passionate about keeping families united and protecting the rights of every individual who retains our services. For a consultation, contact The Law Office of Neal Richardson Datta.