3 and 10-Year Bar
Navigating Barriers to Re-Entry
If you enter the U.S. without inspection (EWI) or stay beyond the approved period of a visa, you are considered an overstay or out-of-status alien—even if it is just for a day. Consequently, you should immediately leave the country to avoid invoking a barrier to re-entry at a later time.
This creates a problem for family-based overstays who apply for green cards but need to obtain their cards overseas through consular processing. In this case, if you leave the U.S. to get your green card, you may be barred from reentering for lengthy periods of time. This often causes long-term family disunity.
Do not hesitate to consult with Charleston USA Immigration Law Center, LLP before voluntarily departing the U.S. under these circumstances. We will work closely with you and your loved ones to determine the best way forward.
Bars to Admissibility
Unless you are a lawful permanent resident, you may be subject to either a 3- or 10-year bar to admissibility if you leave the country and try to return.
You may be barred from reentry for 3 years if:
- You unlawfully remained in the U.S. for more than 180 days but less than 1 year; and
- You voluntarily left the U.S. before the Department of Homeland Security initiated a removal proceeding.
You may be barred from reentry for 10 years if:
- You unlawfully remained in the U.S. for a year or longer; and
- You either voluntarily departed or you were removed from the U.S.
If the U.S. invokes either a 3- or 10-year bar to your reentry, you will not be able to enter the U.S. or acquire an immigrant visa, nonimmigrant visa, or green card. At Charleston USA Immigration Law Center, LLP, however, our attorney can file the appropriate extreme hardship waiver papers for either a spouse or parent. If granted, the waiver will eliminate these bars to reentry.
Have you been barred from reentering the United States? Call (855) 252-5250 to see what our team can do for you. We are highly responsive and treat every immigration matter with the urgency it requires.