Facing the 3-10 year bar can be a tumultuous time for some immigrants. It is not something they want to be faced with. This bar can keep them out of the United States for years. When it goes into effect, they will not be able to gain entry into the country for a long period of time. This can be an especially difficult time if they have family in the U.S. that they are trying to see. The 3-10 year bar may be put into effect for individuals who do not have legal status in the United States. When these individuals leave the country, they may have trouble re-entering if they do not possess a visa or some other immigration status. The United States can bar them from re-entering for a certain period of time due to their status lacking citizenship or a visa. Upon their departure from the U.S., they may face a 3-year bar or a 10-year bar.
What can I do to combat this?
When individuals are faced with a 3-10 year bar, they may be able to have this waived. They can apply for a hardship waiver, which may be able to help their situation. For a hardship waiver, they will have to prove that they are needed in the United States. There are specific examples that are given for approval of a hardship waiver, including examples such as a spouse or parent that needs your care for a medical condition, a spouse or parent that is financially dependent on you and you cannot provide adequate support overseas, a spouse or parent that has financial debts in the U.S. and cannot pay without your aid or a spouse or parent that has another sick family member and will be unable to care for them without your support. It is not enough for the situation to be hard on you as the individual being barred. You will have to prove that your family is going to be affected and that they need your support.
Upon claiming what your hardship is, an investigation will be made into your claim. During this analysis, you will have to provide evidence detailing your hardship. You can submit a personal statement to support the arguments that are required to be made by your qualifying relative. The qualifying relative must provide a personal statement to discuss the hardship that is being experienced. During these times where the waiver is being considered, applicants will usually be outside of the United States and have to wait long periods of time for approval.
Detzky, Hunter & DeFillippo, LLC is an experienced law firm that has proudly served clients across New Jersey for decades from their convenient locations in Freehold and Somerville. If you need strong legal guidance, contact us today to schedule a consultation. We are lawyers who listen, counselors who care.
