3-10 Year Bar Waivers | What to Know

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3-10 Year Bar Waivers | What to Know

There are a lot of rules and regulations when it comes to entering the United States. Failing to follow proper protocol can have serious consequences. One consequence you may face if you enter the U.S. unauthorized is a 3-10 Year Bar. A 3-10 year bar can majorly impact a family as well as one’s ability to obtain a Visa. Read on to learn more about 3-10 year bars, what they are, and what you can do if you are issued one.

What is a 3-10 Year Bar?

A 3-1o Year Bar is issued when someone is illegally residing in the United States, leaves the country, and returns unauthorized. If you are issued a 3-10 Year Bar, you will be barred from entering the United States for three or ten years, depending on how long you were in the U.S. illegally. This can severely impact your chances of obtaining a visa, even if you meet all other qualifications.

What do I do if I am Issued One?

If you are issued a 3-10 Year Bar, you will need to retain the help of an experienced immigration attorney. There are ways to waive the bar, but it is a long and difficult process. Some individuals can apply for a waiver by demonstrating to the Department of Homeland Security that your bar from the United States would result in extreme hardship for a parent or spouse in the U.S.

What Constitutes Extreme Hardship?

There are a few instances that the DHS defines as extreme hardship. Additionally, it is important to note that extreme hardship does not apply to the individual himself, or to the child of the individual. Instead, it only applies to a parent or spouse. Below are some of the circumstances that may permit you to remain in the United States and waive the 3-10 year bar.

  • 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.

If you or a loved one is issued a 3-10 year bar, it is important to contact a skilled immigration attorney. We are here to help you explore all possible options. If you have questions regarding immigration or a 3-10 year bar waiver, reach out to our firm today.


Katona & Associates, PLLC is an experienced, highly dedicated New York City immigration law firm located in lower Manhattan. Our firm works with clients in all matters of immigration law, including employment immigration, family immigration, deportation defense, green cards, and citizenship. Contact us to discuss your case and get the help you need.

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