3-10 Year Bar Immigration Attorneys in NY
There is a common misconception that if a foreign national is married to a U.S. citizen, or the foreign national has another familial relationship to a U.S. citizen, the foreign national will automatically be granted lawful permanent resident status. Unfortunately, certain issues may arise that can delay or prevent an individual from becoming permanent residents of the United States. The three or ten-year bars can have significant impact on an individual’s dreams of obtaining permanent residence status and being reunited with his/her family in the U.S. If you have questions regarding whether or not you have violated the three or ten-year bar, it is important to have a knowledgeable legal team on your side. At Nassau County Immigration Law Group, our attorneys have over 50 years of combined experience proudly representing clients through their immigration issues. To discuss your situation, contact our office today.
What is a 3 and 10-Year Bar?
Oftentimes, foreign nationals who enter the U.S., either with documentation or no documentation, and leave the U.S. after accumulating more than six months of out-of-status time, can be barred up to ten years, even if married to a U.S. citizen and/or have U.S. citizen children. This can become a challenging situation because many times people have to leave the U.S. in order to attend their immigrant visa interview abroad. However, once the foreign national leaves the U.S., s/he may be subject up to ten years; however, a waiver to the bar may be available.
Waivers for Extreme Hardship
If a person has been barred from the United States pursuant to the 3/10 year bar as described above, and the person can establish that this bar would result in extreme hardship to a spouse or a parent, the U.S. Department of Homeland Security may issue a waiver. It is important to note that the DHS will not consider hardship to the applicant themselves or his or her children. Waivers are complicated are not guaranteed to be approved by DHS. Therefore, it is imperative that you contact our office to discuss this issue in greater detail because we do not always recommend all of our clients file for the waiver if it is not in their best interests.
If an extreme hardship waiver is denied, the applicant, in some circumstances, is eligible to appeal that denial. However, this appeal can take over 2 years to be adjudicated. Some of the examples that may result in an extreme hardship waiver include the following:
- The applicant’s spouse or parent depends on them for medical care
- A spouse or parent of the applicant is financially dependent on the applicant and will unable to be supported from overseas
- A spouse or parent of the applicant needs assistance paying financial debts in the United States
- A spouse or parent has another sick family member that they cannot pay for without support from the applicant
Determining Extreme Hardship
It can be challenging to determine an individual’s extreme hardship. The waiver submission may include hundreds of pages of documentary evidence in support of the waiver in addition to a detailed legal argument. The evidence often include familial situation, age, health, financial impact, and the country conditions of their home country. As stated, it is a complicated process and it is imperative that you speak with us to discuss this issue in greater detail.
Contact a Nassau County Immigration Attorney
If you or a loved one is facing challenges related to a 3 or 10-year bar, it is important to have strong legal representation to advocate on your behalf. The attorneys at Nassau County Immigration Law Group have over 50 years of combined experience representing clients throughout Nassau County as they navigate various immigration matters. To discuss your situation, contact us today.