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What Is a 3 & 10-year Bar Waiver?

In some cases, non-citizens may have an urgent matter in their native country that requires immediate attention, causing them to leave the United States. When this occurs, they may find themselves barred from entering the United States upon their return. If you have found yourself in this situation, continue reading to learn about a 3 & 10-year bar waiver and your legal options moving forward. Contact our Lyndhurst family & individual immigration law firm for further assistance.

What is a 3 & 10-year bar waiver?

Non-citizens who live in the United States illegally, leave the country, and attempt to return, will likely be barred from reentry for either three or ten years. These bars impact whether these individuals can obtain a Green Card as well, even if they would have met all necessary qualifications otherwise.

How do I get a bar waiver?

If you apply for a waiver and can prove that either a spouse or parent will suffer extreme hardship in your absence, the United States Department of Homeland Security will waive your bar. However, this is a notoriously complicated and time-consuming process. It is also required that you apply outside of the United States. This is why it is crucial to retain the services of expert legal counsel to assist you along the way.

How is “extreme hardship” defined under the law?

All financial turmoil is not considered “extreme hardship” in the United States. This is why it is essential to 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 where they will detail the hardship they will endure without your presence. You must also 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 meet the following qualifications:

  • Your spouse or parent has a medical condition and requires you to assist through their daily routine, escort them to appointments, etc.
  • Your spouse or parent has financial debts and liabilities in the United States and, without your assistance, cannot pay them off
  • Your spouse or parent is financially dependent on your paycheck and you are incapable of providing sufficient financial support from overseas
  • Your spouse or parent has an ill family member and is unable to offer them the care they require without your assistance

For assistance, do not hesitate to contact our Lyndhurst 3&10-year bar immigration lawyer.

Contact our experienced New Jersey 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.