What is the 3-10 year bar?

For those entering into the United States, they may face an issue due to 3-10 year bar. When immigrants have entered the U.S. illegally then leave the country, it can be difficult for them to re-enter. They may be barred from re-entry due to their original illegal entry. Immigrants may think they have an advantage if they have family members or a spouse that is a legal U.S. citizen, but the 3-10 year bar may still cause a hazard for them. This bar can risk the immigrant from gaining citizenship or green card access into the country.

However, immigrants may be able to waive the three and ten-year bar that they are faced with. Under the law, the immigrants may have a hardship that qualifies them for this waiver. There are specific details regarding these hardships though. Not all hardships may be considered. Immigrants should seek legal counsel to see if they have a case for a waiver. This can greatly help their chances of gaining re-entry into the country and a green card.

What qualifies as a hardship?

In order to waive the three or ten-year bar, specific circumstances must be met. The waiver is known as an extreme hardship waiver. It can be established through someone’s familial need in the United States. These examples of extreme hardships include: a spouse or parent that needs your care for a medical condition, a spouse or parent that is financially dependent on you and you cannot provide adequate support overseas, a spouse or parent that has financial debts in the U.S. and cannot pay without your aid or a spouse or parent that has another sick family member and will be unable to care for them without your support.

How can I prove my hardship and waive this bar?

Although immigrants may have other situations that they consider to be hardships, they may not be recognized by the law. Hardships for the immigrant themselves or their children are not considered to be factors when applying for a waiver. Waivers can be hard to receive, which is why specific guidelines are outlined to provide a basis for the required situations.

When you claim your hardship, an analysis will be made to determine the outcome that decides your fate. This analysis requires you to provide evidence for your hardship. You can opt to submit a personal statement that supports arguments made by qualifying relatives that are involved in this process. The qualifying relative provides a personal statement to discuss the extent of the hardship at hand and how your absence from the country will have further negative effects.

During these times where the waiver is being considered, applicants will usually be outside of the United States and have to wait long periods of time for approval. In order to best secure your case, contact our attorneys for legal aid.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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