3 & 10-Year Bar

Edison 3 & 10-year bar immigration attorney

Gavel on Social Security IDRepresenting New Jersey clients through issues regarding adjustment of status

There are many issues facing people who wish to adjust their status. There are barriers that may prevent or delay family members from becoming lawful permanent residents. If an immigrant has been in the United States illegally for a certain period of time only to voluntarily leave the country at some point, they may face the issue of a 3 or 10-year bar. This can stop you from obtaining a green card whether you are married or a family member of a citizen and ban you from reentry for a predetermined period of time. While the person is barred from entering the United States, they can apply for a waiver, allowing them to enter the United States and continue the process of an adjustment of status. If you need a law firm to guide you through your immigration matter and help you attain a waiver for a 3 or 10-year bar, contact the Law Office of Omar K. Qadeer, PC for a consultation.

What is a 3 or 10-year bar?

As stated above, if you were illegally in the United States and left voluntarily, you could face a ban of reentry and impact your adjustment of status. If you were in the country illegally for more than 180 days but less than one year and you left voluntarily before any removal proceedings, you could be banned from entering the United States for 3 years. If you were in the country illegally for more than a year and voluntarily left, you could face a 10-year ban from entering the United States.

Obtaining a waiver for a 3 or 10-year bar

In order for the United States to consider issuing a waiver for a 3 or 10-year bar, the applicant must provide overwhelming evidence of an extreme hardship. Some examples of extreme hardship to the family include:

  • A spouse or parent with a medical condition needing care
  • A financially dependent spouse or parent and you cannot support them overseas
  • A spouse or parent that has financial debts in the United States and depends on you for support
  • A spouse or parent with another sick family member and needs your support to keep helping them

As stated above, you and your family will have to establish an extreme hardship. The qualifying relative will most likely have to provide a personal statement detailing the hardship and the anticipated effects of your absence. You may have to write a personal statement to support the document your qualifying relative has filed and further discuss the conditions you endure in your own country.

You will most likely have to apply for the waiver from your own country. This process can take quite a long time to complete. Unfortunately, substantial family hardship can result from a person’s choice between leaving the country and taking the risk that they might not be able to return or remain in the country. If you have been barred from reentry, you need to consult with an experienced law firm that can guide you through your legal matter and help you establish extreme hardship that will satisfy the authorities.

Contact a Middlesex County immigration law firm

The Law Office of Omar K. Qadeer, PC helps clients facing a variety of legal matters regarding immigration. If you are barred from reentry into the United States because of a 3 or 10-year bar, you need an experienced law firm to represent your interests and help your family avoid the effects of your absence. If you need our services to effectively guide you through your legal matter, contact the Law Office of Omar K. Qadeer, PC for an initial consultation.