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. 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.