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3-Year, 10-Year, & Permanent Bar

The 3-year bar, the 10-year bar, and the permanent bar were created as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996…

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The 3-year bar, the 10-year bar, and the permanent bar were created as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996. The purpose of these bars was to reduce the growing undocumented immigrant population by imposing new and increased penalties for immigration offenses. The bars are meant to give severe consequences to those who remain in the U.S. without proper authorization. Below is an explanation of each type of bar:

3-year bar

If someone is in the U.S. without proper authorization for more than 180 days but less than a year, and then leaves the country, they are barred from re-entering the U.S. for three years. This bar applies even if the person is married to a U.S. citizen.

10-year bar

If someone is in the U.S. without proper authorization for more than a year and then leaves the country, they are barred from re-entering for ten years, even if they are married to a U.S. citizen.

Permanent bar

If someone is in the U.S. without proper authorization for more than a year and then leaves the country on their own accord, or they are deported; and if they then re-enter the U.S. and get caught, then they will be barred permanently from the U.S. This will apply even if they have a U.S. citizen spouse.

These bars carry significant consequences, as they can make it impossible for long-term undocumented immigrants to receive valid visas, even if they are the spouses and parents of U.S. citizens. Since the re-entry bars were created, the number of undocumented immigrants remaining permanently in the U.S. have increased. The bars apply to individuals who accrue “unlawful presence” in the U.S., which the U.S. Citizenship and Immigration Services (USCIS) defines as any time accrued toward the three-year or ten-year bars.

Fortunately, there are waivers available for the 3-year and 10-year bars, although they are difficult to obtain. To apply for a waiver, an individual must show that their U.S. citizen or permanent resident spouse or parent would experience extreme hardship if they were not allowed to return to the United States. Our attorneys at US Immigration Law Counsel® can help you to apply for a waiver, to increase your chance of returning to your loved ones in the U.S.

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Rachel Bryan 2 days ago

My paralegal Jazzmin Chavez helped me with my pre consultation intake form. She was very reliable and understanding of what my situation was and was very keen in taking notes to present to the lawyer.

Ana Savic 1 week ago

We are extremely grateful to the entire team of experts who guided us through immigration process.

A very special thank you to Ms. Troconis, Ms. Ferreira, Ms. Marisol, and Mr.Jesus for their professionalism, patience, and dedication. They were always there to answer questions, explain each step of the process, and make sure everything was properly prepared.We truly appreciate the time, effort, and attention everyone put into our case.

Thank you to the entire team for guiding us through this important journey and helping us reach such a meaningful milestone in our life. We would highly recommend this team of professionals to anyone looking for reliable, and compassionate immigration assistance.

Abdul Wasiu Mamudu 3 weeks ago

I highly recommend U.S. Immigration Law Counsel for anyone needing help with a marriage-based green card application. My experience with the firm was exceptional from start to finish and their team made a process that can feel stressful and overwhelming much more organized and manageable.

Attorney Natalia did an excellent job preparing my spouse and me for our interview. She took the time to make sure we understood what to expect, helped us feel confident and was present with us at the interview. Having her there gave us a great deal of comfort and reassurance because we felt well prepared and supported throughout the process.

Arantxa and Sol were also outstanding in helping us gather, organize, and submit all the required documents. They were thorough, professional and attentive to detail. They made sure we did not overlook any important paperwork and kept everything organized from beginning to end.

Overall, we were extremely happy with the service, communication and support we received from the firm. The entire team was knowledgeable, caring and professional. We truly appreciate everything they did for us and would confidently recommend them to anyone seeking immigration assistance.

Nicole Ciriani 3 weeks ago

Quiero reconoces a Maria Isabel, desde el inicio siempre fue super amable y me resolvió todas mis dudas. La empatia se sintio a través del telefono. La recomiendo 100%

Victoria Dubuc 3 weeks ago

I would like to thank Saman and her team for supporting me throughout my immigration journey. Despite what was a long and stressful process, I always felt reassured and in good hands knowing I had such a dedicated legal team representing me.

They were communicative, responsive, and supportive throughout the entire process. Laura, my paralegal, was always on top of my case and incredibly diligent. She would even call me often to make sure I didn’t have any questions or concerns, always with such a positive and caring attitude.

They are the best!

Juliet Amoke 3 weeks ago

I am very grateful to USILC for their professionalism, guidance, and support throughout my change of status from B1/B2 to F1 student status. The process can be stressful and overwhelming, but the team at USILC made me feel confident and supported every step of the way.

I would especially like to appreciate Attorney Oni, who worked closely with me throughout my case. She was very knowledgeable, patient, responsive, and always willing to explain things clearly whenever I had questions or concerns. Her attention to detail and dedication gave me peace of mind throughout the entire process.

I am happy to share that my case was successfully approved, and I truly appreciate the hard work and commitment that went into my case. I highly recommend USILC and Attorney Oni to anyone looking for professional and reliable immigration legal assistance.

Thank you, USILC and Attorney Oni, for your excellent service and for helping me achieve this important step toward my educational goals!

Leigh-ann Macaskill 4 weeks ago

Maria was attentive and very pleasant to talk to

Mania MouSavi 1 month ago

Amazing law firm! They’re always quick to respond and never leave my questions unanswered. I really appreciate how helpful and attentive they are.

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