When immigrants are faced with the 3-10 year bar, it can be a tumultuous time for them and their families. This is not something that individuals want to be faced with since it can keep them out of the United States. Even if they have family in the states, they may not be able to regain entry. They have the opportunity to apply for a hardship waiver. For this waiver, individuals must establish that their presence is needed in the country for the well-being of their family. The 3-10 year bar be put into effect for individuals who do not have legal status in the United States. Once these individuals leave the country, their status may become known and they may have trouble re-entering if they do not possess a visa or some other immigration status. The United States can bar them from re-entering with a 3-year bar or a 10-year bar.
What can I do to fight this?
Once you have been faced with a 3-10 year bar, you should consider the possibility of a hardship waiver. If this waiver is applied, it may be able to allow you to enter back into the country. This can reunite you with your family. A hardship waiver will need to prove that the individual being barred is needed in the United States. Examples that are given for approval of a hardship waiver include a spouse or parent that needs your care for a medical condition, a spouse or parent that is financially dependent on you and you cannot provide adequate support overseas, a spouse or parent that has financial debts in the U.S. and cannot pay without your aid or a spouse or parent that has another sick family member and will be unable to care for them without your support. It is not enough for the situation to be hard on you as the individual being barred, instead it has to be focused on your family.
Once you make your hardship claim, an investigation will need to be done to prove the hardship. During this analysis, you will have to provide evidence that details your hardship. You can submit a personal statement to support the arguments that are supposed to be made by your qualifying relative. The qualifying relative has to provide a personal statement that addresses the hardship. Applicants will usually be outside of the United States when this investigation is occurring.
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.