How Do I Apply for Citizenship for My Child?
Sometimes people are barred through a “three- or ten-year bar” from reentry into the United States if they have been here illegally and then left the country. This can cause a barrier to obtaining a green card, even when married to a U.S. citizen or when you are an immediate relative or other qualifying family-based immigrant applicant. It is important to consult with an attorney if you are subject to the 3- or 10-year bar. Sesini Law Group provides effective and experienced legal services to clients facing immigration issues. For a consultation, contact a skilled 3 & 10-year bar waiver lawyer from Sesini Law Group today.
What is a 3 & 10-Year Bar?
A bar on reentry into the United States may occur if a person was here unlawfully, then left the country, and tried to return. They may be barred from doing so and obtaining a green card, even if they seem to qualify otherwise. Their bar from entering the United States again may last for three or ten years. In general, a three-year bar may apply if a person accrued more than 180 days but less than one year of unlawful presence before departing the United States, while a ten-year bar may apply if the person accrued one year or more of unlawful presence before departing.
Departure Is What Triggers the Bar
This point is often misunderstood, and it matters enormously. Unlawful presence alone does not make you inadmissible under this section. The bar attaches only when you leave the United States after accruing the relevant amount of time and then seek admission again. Someone who has accrued years of unlawful presence but never departs has not triggered a three- or ten-year bar.
The practical consequence is significant. If you are eligible to adjust status from within the United States, you may complete the green card process without ever triggering a bar. If you are not eligible to adjust and must complete consular processing abroad, departing for that interview is what activates the bar you will then need waived. This is why the sequence of your case should be mapped out before anyone books travel, and why leaving the country without counsel can create the exact problem you were trying to solve.
Extreme hardship and a bar waiver
The United States Department of Homeland Security can waive the bar if an applicant can establish a case of extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent if the applicant is not permitted to re-enter. Waivers can be difficult to obtain. In some cases, applicants may seek a provisional unlawful presence waiver from within the United States before leaving for consular processing, while others may need to pursue a waiver after departing. Sometimes Immigrants have to choose between leaving the country and taking the risk they might not be able to return, or remaining in the country illegally. This can result in families enduring hardship before being permitted to re-enter. For example, a wife with a disabled husband might choose between departing the United States to apply for lawful permanent residence through consular processing or staying illegally to care for her U.S. citizen husband. The requirements can result in a “Catch-22” for applicants and create difficulties in keeping families together.
Examples of extreme hardship 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.
You will be required to provide evidence of the extreme hardship. First, your qualifying relative must provide a personal statement discussing the hardship and stating the anticipated effects of your absence. You should also consider submitting a personal statement to support the arguments made by your qualifying relative and discussing conditions in your home country.
Contact an Immigration Bar Waiver Lawyer
If you are or have been in the United States illegally and desire to apply for citizenship, consult an experienced immigration attorney. It is always a good idea to consult with an immigration attorney when you prepare an I-601A provisional waiver based on extreme hardship to a qualifying relative for advice and assistance on the best way to do so to increase your opportunity to submit a successful application. Also, an attorney can assist you in identifying and collecting the best evidence to support your arguments.
