How To Avoid the Three- and Ten-Year Bars, and Apply for an Unlawful Presence Waiver

Worried about the 3-year or 10-year immigration bar?

You may qualify for a green card through an I-601 or I-601A waiver if you have a U.S. citizen or green card holder spouse or parent. Contact us to discuss your eligibility.

Attorney Doreen Emenike has over 20 years of immigration experience helping families overcome complex immigration problems. 

If you have accumulated unlawful presence in the United States, you may face a three-year or ten-year bar penalty after returning from travel abroad.

You May Qualify for an Unlawful Presence Waiver If:

✓ You are married to a U.S. citizen

✓ You are married to a green card holder

✓ You have a U.S. citizen parent

✓ You have a green card holder parent

✓ You entered without inspection and have an approved family petition

✓ You are worried about the 3-year or 10-year bar

Not sure? Talk to an Immigration Lawyer. Click the ‘Book Appointment’ button.

Real Client Success Story 

What is Unlawful Presence?

You are unlawfully present in the US if you entered the country illegally, are undocumented or who have overstayed your visa.

The Three-Year and Ten-Year Unlawful Presence Bars

If you have unlawful presence in the United States, leaving the country may trigger a three-year or ten-year bar that prevents you from returning or obtaining a green card during that period.

What is the Three-Year Bar?

You may be subject to the three-year unlawful presence bar if you were unlawfully present in the U.S. for more than 180 days (six months) but less than one year and then leave the country. 

What is the Ten-Year Bar?

You may trigger the ten-year unlawful presence bar if you were unlawfully present in the U.S. for one year or more and then leave the country. 

Can the Bar Be Waived?

Short answer: Often, yes.

If your waiver application is approved, you do not have to wait abroad for 3 or 10 years.

Do I Automatically Get a Waiver If I Qualify?

No, to get a waiver approval, you must satisfy the USCIS that your US citizen or LPR spouse or parent will suffer ‘Extreme Hardship’ if the waiver is not granted. We recommend using an immigration lawyer for best results.

Our waiver cases are successful because based on our experience we know what is important and how best to present your case to the USCIS. We also stay up to date with the constantly changing immigration laws. 

Which Waiver to Use – I-601 or I-601A Waiver?

Unsure Whether You Need an I-601 or I-601A Waiver?

Every immigration history is different.

Before leaving the United States or starting a waiver application, speak with an experienced immigration lawyer about your options.

Many people living in the U.S. like to use the I-601A waiver (if their case is suitable for this waiver) because they do not have to travel abroad and remain separated from their family or jobs while their unlawful presence waiver is being processed.

What is the difference between the I-601 and I-601A waivers?

The main difference between the standard I-601 and the provisional I-601A application is that a person will usually file the I-601 application outside of the U.S. after their green card application has been denied for unlawful presence.

The I-601-A application is filed within the U.S. and before the green card interview at the Consulate.

The standard I-601 waiver process:

People who entered the US illegally, who cannot prove legal entry, or valid legal status often have to apply for a green card at a consulate abroad. After the green card interview at the U.S. consulate, the green card application is denied for unlawful presence, and they are told to file the I-601 waiver. They then have to remain outside the U.S. until the waiver application is approved. This can take many months or years.

This I-601 waiver can also be used to waive both the unlawful presence bar, and other inadmissibility problems including criminal convictions or misrepresentation.

The Provisional I-601A waiver process:

You can apply to for an I-601A waiver to avoid the 3- or 10-year unlawful presence bar while in the US and before traveling abroad for the green card interview at a U.S. consulate abroad.

After your I-601A waiver is approved, we continue with the rest of the green card application, and you attend the interview at the Consulate later.

The I-601A waiver only waives the unlawful presence bar.

What if I have a criminal record?

This I-601A waiver does not waive your criminal convictions or use of fraudulent documents for an immigration benefit or to enter the U.S.

Please contact us to discuss your best option if you have a criminal or arrest records. 

Which Waiver Should You Use?

It depends on your own personal situation.  Please remember that every case is different and that your immigration and criminal history also affect your case and what happens.

It is important that you speak to an experienced and licensed immigration attorney before you decide which waiver you will need to file. We have helped many people with both waivers and would love to help you too. Click “Book Appointment” to discuss your case.

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