Can I waive the 3-10 year bar?

For someone trying to enter the United States without citizenship, the three and ten year bars can become an obstacle for them. If an immigrant lived in the United States at a previous time with an illegal status, they may not be able to re-enter the country once they leave. Upon their departure, they may face the instatement of a 3 year bar or a 10 year bar.

When these situations occur, individuals may be able to establish a hardship to prove that they are needed in the country by their family. Hardship for the immigrant or their children is not a factor when applying for a waiver. Although these reasons may be possible to receive a waiver for, it can be difficult to obtain. An attorney can help you pursue this waiver and build your case. Upon claiming your hardship, an analysis will be made to determine the final outcome. This analysis will require you to provide evidence for your hardship. You may wish to submit a personal statement to support the arguments that are required to be made by your qualifying relative. The qualifying relative must provide a personal statement to discuss the hardship being experienced and the effects that your absence would have.

However, with the help of a legal team, immigrants can try to re-enter by receiving a waiver of the bar. Although immigrants may assume that they can gain access to a green card due to a marriage to a U.S. citizen or other family relationships, the bar is taken seriously. Familial ties do not automatically grant immigrants a green card. They may be at risk of not gaining access back into the United States.

There are ways to waive the three and ten year bar though. If an immigrant can establish that hardships would result to a spouse or parent due to their inability to reenter the country, then they may be given a break. These immigrants should apply to have the bar waived. This is known as the extreme hardship waiver. Through this, you will have to establish that your assistance is needed in the U.S. for the well-being of your family. First, individuals have to prove that they suffer from a hardship.

What defines a hardship?

In order to waive the three or ten year bar, specific circumstances must be met. 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.

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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