If you have accrued unlawful presence (i.e. you have overstayed the validity period of your status or entered the U.S. illegally), you may be subject to a 3 or 10 year bar upon your departure from the U.S. However, if you have a qualifying relative in the U.S. (i.e. a U.S. citizen or Lawful Permanent Resident spouse, parent, or child) who will suffer extreme hardship if you are not permitted to live in the U.S., you may be eligible to receive a waiver of the 3/10 bar. Eligibility for this waiver requires an in-depth analysis of family circumstances and will be adjudicated on a case-by-case basis. Extreme hardship typically relates to illness, though it could also relate to financial and other hardships. Hardship waiver applications have a low approval rate, are typically very involved, and require extensive research and documentation. Consequently, it is unwise to take on the waiver process without the assistance of an experienced immigration attorney.
Want to stay informed?
Subscribe to our blogs & advisoriessign up here
- Sanctions Risk Casts Shadow Over Myanmar's Opening to the West
- Second Circuit Remands Ineffective Assistance Claim for Lawyer’s Failure to Apprise Naturalized U.S. Citizen of Denaturalization Risk Before Guilty Plea
- Enloe students walk out to protest gun violence
- Trump administration helps close nearly half of Florida's resettlement offices, diverting refugees to DCF
- The Saturday Profile: Long Before Cambridge Analytica, a Belief in the ‘Power of the Subliminal’
- Immigration Crackdown – Are You Ready?
- USCIS Resumes Processing of DACA Renewal Applications Following Federal Court Order
- DHS to Terminate Temporary Protected Status for Haitians in 18 Months
- My I-751 Conditional Residence Removal Case is Pending for Too Long. How Do I Prove My Lawful Status?
- Recent Developments Related to Travel Restrictions for Nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela & Yemen