3-10 Year Bar

There are certain situations in which an individual thinks that they will be automatically granted lawful permanent resident status in the United States. This is often the case with foreign nationals who are married to or have some other familial relationship to a citizen of the United States. This misconception often results in delays or preventions of allowing a foreign national to be issued a green card. In fact, these situations may even result in a 3 or 10-year bar. If you have questions about a 3 or 10-year bar, you need strong legal representation who can help you understand the ramifications. To discuss your situation with a legal team you can count on, contact Katona & Associates, PLLC today to schedule a consultation.

When a foreign national enters the United States and accumulates a minimum of 6 months of time that they are out-of-status, they may be barred from returning to the United States for a maximum of 10 years. This bar can occur even if the individual is married to a citizen of the United States or has children who are U.S. citizens. This is so complicated because, in a lot of situations, people need to leave the United States to go to their interview for an immigration visa. Unfortunately, however, if the individual leaves the U.S. they may be subject to being barred from returning for up to 10 years. It is important to note that some individuals may be eligible for a waiver to this bar.

If you have been subject to a 3 or 10-year bar but you are able to establish that not being able to return to the United States during this period would result in extreme hardship to a spouse or a parent, you may be entitled to an extreme hardship waiver. These waivers are issued by the United States Department of Homeland Security. Be aware that this hardship must not be for yourself or for your children. These waivers are not guaranteed to be approved by DHS, so it is important that you retain the services of an experienced immigration attorney who can help you file a waiver.

If your extreme hardship waiver has been denied, you may be eligible to appeal the denial, depending on the circumstances. These appeals can take two or more years to be adjudicated, however. A few reasons why an extreme hardship waiver may be approved include some of the following examples:

• Your spouse or parent depends on you for medical care or financial assistance
• A spouse or parent has another sick family member that they cannot financially support without your support
• Your spouse or parent is financially dependent on you and will not be able to be supported if you are outside of the U.S.

Determining an individual’s extreme hardship isn’t always so straightforward. The extreme hardship waiver can include hundreds of pages of evidence documenting proof of the hardship, as well as a detailed legal argument. This evidence might include information about your familial situation, age, health financial impact, and the conditions of your home country.

If you need legal assistance after facing a 3 or 10-year bar from the United States, it is important that you have a strong team of attorneys on your side. Katona & Associates, PLLC has proudly served clients for decades as they face various immigration difficulties. To discuss your case with a legal team you can trust, contact Katona & Associates, PLLC today.