3&10 Year Bar

Lyndhurst 3&10-year bar immigration lawyer

Representing NJ clients through adjustment of status

Customs documentWhen a person wishes to adjust their status, there are many issues that can impact the process. There are countless obstacles that deny and delay individuals from becoming lawful permanent residents. If an individual has been illegally living within the United States for a certain period of time and voluntarily leaves, he or she may run into some issues.  A 3 or 10-year bar can stop a person from obtaining a green card and prohibit them from coming back to the country for a predetermined period of time. While a person is forbidden from entering the country, they can apply for a waiver that will allow them to enter the U.S. and continue the process of adjusting their status. If you need more information or an attorney that can help you acquire a waiver to stop a 3 or 10-year bar, contact Law Offices of Salvatore A. Falletta, LLC for a consultation today.

3 or 10-year bar explained

If you were in the United States illegally for more than 180 days but less than one year and left voluntarily, you face a 3-year bar, prohibiting you from entering the United State for that period of time. If you lived in the United States for over a year and left voluntarily, you are most likely looking at a 10-year bar, prohibiting you from entering the States for that period of time. This could seriously impact your adjustment of status. In both cases and under the right circumstances, you may be eligible for a waiver that allows you to enter and continue the adjustment of your status.

Acquiring a waiver

You may be eligible for a waiver if you can establish extreme hardship. There are many reasons why a waiver would be prudent, including:

  • An ill spouse or parent needing care
  • A spouse or parent that needs financial support from your U.S. job
  • A spouse or parent with debts that need the support from your U.S. employment
  • A spouse or parent with an ill family member that needs your support

To establish extreme hardship, you will most likely have to support this claim through personal statements from impacted family members that detail the effects of your absence. You may also have to write your own statement supporting their claim. In order to start the waiver process, you will have to file for the waiver in your own country and the process can take quite a long time. If you are impacted by a 3 or 10-year bar, you need to consult with an attorney.

Contact a Bergen County immigration law firm with waiver experience

If you have been barred from entering the United States because of a 3 or 10-year bar or are a family member of someone who is, contact Law Offices of Salvatore A. Falletta, LLC for a consultation today. Our firm understands the impact these regulations have on a family. If you need a passionate attorney to represent your family’s needs, we would be honored to serve.  

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