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
- New Law Governs Immigrant Worksite Enforcement Actions in California
- For Austria’s Muslims, country’s hard-right turn signals an ominous direction
- Syrian refugee detained in Greece on terror charge
- 'Poor People's Campaign' set to launch near US-Mexico border
- Review: Two very different movies at Film Streams, a documentary and a quirky drama, both illuminate human strife
- Diversity Visa (Green Card Lottery) Entries Discarded by DOS Due to Glitch, New Period Opens on October 18, 2017
- 2019 Diversity Visa Lottery Registration Open October 3 – November 7, 2017
- EB-5 Regional Center Program Extended to December 8, 2017
- DHS to Wind Down DACA Program Over a Six-Month Period
- USCIS to Implement In-Person Interviews for Certain Immigration Benefits