What to Know About 3-10 Bar Waivers in New York

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What to Know About 3-10 Bar Waivers in New York

The United States has issued many rules and regulations when it comes to being able to enter the country. If an individual fails to follow the proper protocols and enters the United States, they may face a 3-10 Year Bar. This can impact not only the individual barred from entering the United States but also the family of that individual. Fortunately, there may be a way out of a 3-10 Year Bar by use of a waiver. If you would like to learn more about 3-10 Bar Waivers, contact our experienced New York immigration attorneys at Katona & Associates, PLLC today.

What are 3-10 year bar waivers in New York?

A 3-10 Year Bar is issued when someone who has been illegally living in the United States leaves the country and returns unauthorized. If you are issued a 3-10 Year Bar, you will be prohibited from entering the United States for three or ten years, depending on how long you were in the United States illegally.

The consequences of this can severely impact your future ability to obtain a visa in the United States, even if you meet all of the other qualifications. If you were issued a 3-10 Year Bar, it is in your best interest to retain an experienced New York immigration attorney at Katona & Associates, PLLC.

What should I do after I am issued a 3-10 bar waiver?

It is highly recommended that you hire a skilled immigration attorney in the event that you are issued a 3-10 Year Bar. An attorney may be able to aid in waiving the bar, but it is an extensive and often challenging process. Some individuals can apply for the waiver by showing the Department of Homeland Security that a 3-10 Year Bar would result in extreme hardship for a parent or spouse in the United States.

What constitutes an ‘extreme hardship’?

There are various cases where the Department of Homeland Security defines extreme hardship. Below are some of the circumstances that may waive the 3-10 Year Bar and allow an individual to remain in the United States.

  • 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 dependant on you and will not be able to be supported if you are outside of the United States

It is important to note that extreme hardship does not apply to the individual themself or the child of the individual. Rather, it applies to a parent or spouse.

If you or a loved one has been issued a 3-10 Year Bar, it is crucial that you speak with a legal expert. At Katona & Associates, PLLC we are here to help you navigate through this stressful time.


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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