How do I get a 3 & 10-Year Bar Waiver

Life is unpredictable. If you are a noncitizen and were in the United States illegally, you were most likely already nervous about your citizenship status and what will happen in the future. Unfortunately, if something happens in your native country and you believed you were obligated to return home, you may not be allowed back into the U.S. If you find yourself in this situation, you are probably extremely worried about what will happen next, as you now have obligations to meet in both countries. If you find yourself in this situation, here are some of the questions you may have:

What is a 3 or 10-year bar?

As stated above, these bars are instated when an individual was in the United States illegally, left the country, and attempted to return. These bars may impact your ability to obtain a green card in the future, even if you otherwise qualified. These bars carry very serious implications, which is why it is so important you contact one of your experienced immigration attorneys today if you are faced with this difficult situation.

Am I eligible for a bar waiver?

If you are an applicant for a bar waiver, the United States Department of Homeland Security can waive your bar if you establish a case of extreme hardship to a spouse or parent if your waiver is not approved. Waivers are notoriously difficult to obtain, and applicants must apply for the waiver from outside of the United States. What’s more, you may have to wait a very long time to get your waiver approved. As a result, families are very often forced to endure severe hardship before their loved one is permitted to reenter the country. 

What are some examples of extreme hardship?

Very few scenarios qualify for extreme hardship. Additionally, you will have to prove your loved one will endure extreme hardship without your assistance. Your qualifying relative must provide a personal statement discussing the hardship and the anticipated effects of your absence. You should also submit a personal statement, supporting your qualifying relative’s arguments. Some examples of extreme hardship are as follows:

  • 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.
  • 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.

Contact our experienced Wisconsin immigration firm

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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