Unlawful Presence Waivers

What Are the Three- and Ten-Year Bars?
Sections 212(a)(9)(i) and 212 (a)(9)(ii) of the Immigration and Nationality Act (INA) impose re-entry bars on immigrants who are present in the U.S. illegally for a period of time, leave the U.S., and want to re-enter lawfully. An immigrant who enters the United States without inspection (illegally), or who overstays a period of admission by more than 180 days, but less than one year, and who then departs the U. S. voluntarily, is barred from being re-admitted or re-entering the United States for three years. If an immigrant is in the country illegally for more than one year, a ten year bar to admission applies.

Are Waivers of the Three- and Ten-Year Bars Available?
A waiver of the three- or ten-year bar is available only where extreme hardship to an applicant’s citizen or permanent resident spouse or parent can be established. Hardship to the immigrant himself is not a factor, and hardship to the immigrant’s children is not a factor (even if the children are U.S. citizens). We repeat for emphasis – Children are NOT qualifying relatives for purposes of the 3 or 10 year bar waiver.

Provisional Unlawful Presence Waivers
Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers before they leave the United States for their consular interview.

The provisional unlawful presence waiver process allows immediate relatives who ONLY need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview.

Beneficiaries who are ineligible for a provisional unlawful presence waiver can still file for a Waiver after the consular officer at the consular post determines that they are inadmissible to the United States.

Schedule a Consult today with an experienced immigration attorney at Hurtado Cavanaugh | Attorneys at Law to see if you need a waiver and if you qualify. We are here to serve you, and see you and your loved ones united.