Who can the 3-10 year bar apply to?

The three to 10-year bar can be put in place for individuals that have lived in the United States without a legal status and leave the country to go elsewhere. Once these individuals leave the country, they may face a bar on getting back in the country. Since they did not have a legal status in the country, the bar can go into place to prevent their re-entry for a certain period of time. During this period of time, the individuals may not be able to reside in the U.S. Instead, they will have to wait for the bar to pass before returning to the country and possibly their family that is located there. Immigrants may risk gaining affirmation of citizenship or green card access due to the bar. Familial ties do not automatically grant immigrants a green card.

How can I get rid of this bar?

In order to protect yourself from the three or 10-year bar, individuals have the ability to apply for a waiver. To be granted this waiver, individuals will have to establish a hardship. For this hardship, it usually has to relate to their family and not their individual self. By applying to have the bar waived due to a hardship, they will have to meet certain requirements. There are a few of these circumstances that can make an individual eligible for a waiver. An individual may be eligible if they have an ill spouse or parent needing care, a spouse or parent needing financial support from your U.S. job, a spouse or parent with debts that need the support from your U.S. employment or a spouse or parent that has an ill family member needing your support as well.

There will need to be evidence to clarify that you and your family are facing a hardship that requires your presence in the United States. You may need to disclose a personal statement regarding your hardship that affects your situation. Also, your spouse or family members may have to comment on the matter by providing insight into the situation as well.

Our firm understands 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.