Many immigrants face challenges when trying to return to the United States after leaving. Those who stayed in the U.S. unlawfully for too long may face a 3-year or 10-year bar, which prevents them from re-entering the country for a set period. However, there may be ways to overcome these bars and reunite with family or continue life in the U.S.
How the 3-year and 10-year bars work
The 3-year and 10-year bars apply to people who have stayed in the U.S. without legal status for more than 180 days. People who leave the country after staying unlawfully for 180 days but less than a year cannot return for three years. Anyone who stays unlawfully for a year or more and then leaves faces a 10-year bar.
These rules make it difficult for many people to re-enter, even if they have family, jobs, or other ties in the U.S. These bans only apply if a person leaves the U.S. after being in the country unlawfully, so some people choose not to leave. However, this can create other problems, such as limiting their ability to adjust their status in the future.
Strategies to overcome unlawful presence bars
One common way to overcome these bans is by applying for a waiver. A waiver allows certain individuals to return to the U.S. before the bar ends.
To qualify, a person must prove that their absence causes extreme hardship to a U.S. citizen or lawful permanent resident family member, such as a spouse or parent. The government reviews each case and decides if the hardship is severe enough to grant the waiver.
In some cases, individuals may qualify for exceptions. Certain visa programs or humanitarian protections allow a person to enter the U.S. despite past unlawful presence.
Understanding the rules and available options is important for those affected by these bans. By exploring waivers or special programs, individuals may find a path back to the U.S.