When an individual is trying to become a lawful permanent resident of the United States, they will have to face a number of different obstacles. If the individual is trying to obtain a Green Card from outside of the United States, they will go through consular processing. If not, they will have to work towards an adjustment of status to obtain a Green Card. These processes are both complex and Green Card applicants may find themselves facing a few difficulties. One such obstacle that may present itself is the 3 or 10-year bar.
The 3 or 10-year bar may make it so an individual may not enter the United States for either of these timeframes. Typically, an individual is barred from the United States if they enter the country illegally or they stay in the United States illegally after their visa expires when they should have returned to their home country. Individuals who are in the United States illegally for more than 180 days but less than one year can be subject to a ban of 3 years. Individuals who were in the United States unlawfully for more than one year are subject to a ban for 10 years.
There may be certain situations in which an individual may be exempt from a bar if they can prove to the Department of Homeland Security that they would face extreme hardship as a result of the bar. Some of the examples of extreme hardship that may result in such an outcome include an ill parent or spouse that requires care, a spouse or parent that was financially dependent on the individual remaining in the United States, the individual is the primary means of support for an ill family member.
If you have questions or concerns about being subject to a three or ten-year bar, it is important to contact an experienced immigration law attorney today.
The Law Office of Neal Richardson Datta has over 25 years of experience guiding clients through a variety of immigration legal matters, some of which include deportation defense, petitions, and waivers. If you require the services of an experienced immigration attorney with the skill to effectively represent you, contact our firm today to schedule a consultation.