Most noncitizens come to America for nothing other than a chance to make a living or to help their families survive. However, sometimes, noncitizens will have a pressing, urgent matter in their native country that needs immediate attention, causing them to leave the U.S. The only problem is, they may find themselves barred from entering the U.S. when they come back. If you find yourself in this rather precarious financial situation, here are some of the questions you may have regarding your legal options going forward:
What is a 3 & 10-year bar waiver?
If you are a noncitizen who was living in the United States illegally, left the country, and attempted to return, you will most likely be barred from reentry for either 3 or 10 years. Additionally, these bars affect whether you obtain a Green Card, even if you would’ve met all the necessary qualifications otherwise.
How do I get a bar waiver?
The United States Department of Homeland Security will only waive your bar if you apply for a waiver and can prove that either a spouse or parent will suffer extreme hardship in your absence. Unfortunately, this is a notoriously complicated and time-consuming process, and you must apply from outside of the United States. This is why we recommend retaining expert legal counsel to help you along.
How is “extreme hardship” defined under the law?
The United States does not consider all financial turmoil “extreme hardship,” so it is extremely important you provide enough evidence to prove that your family’s survival depends upon your living in the United States. Your qualifying relative must provide a personal statement detailing the hardship they will endure without your presence, and you must provide a corresponding statement verifying your reasoning for staying in the United States. The Department of Homeland Security may consider your situation an “extreme hardship” if your spouse or parent:
- Has a medical condition and needs you to escort them to appointments, help them get through their daily routine, etc.
- Has financial debts and liabilities in the U.S. and cannot pay them off without your assistance
- Is financially dependent on your paycheck and you are unable to provide sufficient financial support from overseas
- Has an ill family member and are is unable to provide them with the care they need without your assistance
Contact our experienced Bergen County firm
We understand how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.