3-Year, 10-Year, & Permanent Bar

Understanding these bars is essential if you've spent time in the U.S. without legal status and hope to return lawfully in the future.

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Understanding the 3-Year, 10-Year, and Permanent Bars

If you’ve spent time in the U.S. without legal status, you may have heard of the 3-year, 10-year, or permanent bars. These laws, created in 1996 under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), were designed to discourage undocumented stays by imposing harsh penalties on those who leave the country after living here without authorization.

But for thousands of families, these bars have created painful separations—and navigating them requires deep legal experience and strategy.

What Are the Bars?

3-Year Bar
If you stayed in the U.S. without lawful status for more than 180 days (but less than a year) and then left the country, you’re likely barred from returning for 3 years—even if you’re married to a U.S. citizen.

10-Year Bar
If you were unlawfully present in the U.S. for over one year and then left, you could face a 10-year ban from returning—even if you have close family in the U.S.

Permanent Bar
This is the harshest of all. If you were unlawfully present for more than a year, left the country, and then re-entered (or tried to), you could be banned permanently from returning—even if you have U.S. citizen children or a spouse.

These rules apply to people who have accumulated what the U.S. government defines as “unlawful presence.” Unfortunately, these bars can prevent people from receiving visas or legal status, even if they’ve built a life and family in the U.S.

There Is Hope: You May Qualify for a Waiver

If you’re affected by the 3-year or 10-year bar, there is a legal path forward: a hardship waiver. But it’s not easy to get—and that’s where the right legal help can make all the difference.

To qualify, you must prove that your absence would cause extreme hardship to your U.S. citizen or lawful permanent resident spouse or parent.

At US Immigration Law Counsel, we’ve helped hundreds of people in similar situations present strong, compassionate cases to immigration authorities. We understand how the system works—and we fight to bring families back together.

If you’re facing one of these bars or fear you might be, don’t wait.
Speak with a member of our team and find out what options may be available to you.

👉 [Book your consultation today] – every step forward starts with a conversation.

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FREQUENTLY ASKED QUESTIONS

Q1: Can US Immigration Counsel help me get a green card through family or marriage?
Yes. Whether you’re married to a U.S. citizen, have a relative sponsoring you, or need to adjust your status, we handle family-based green card cases with care and precision.

Q2: I’m facing deportation—can US Immigration Counsel defend me?
Absolutely. We fight deportation and removal cases in immigration court, build strong defenses, and pursue every legal option to protect your right to stay.

Q3: I’m applying for asylum or a humanitarian visa. Can she help?
Yes. We represent clients in asylum, VAWA, U Visa, and TPS cases—providing strong legal and emotional support throughout the process.

Q4: I want to become a U.S. citizen. Can US Immigration Counsel help me with naturalization?
Definitely. We guide clients through every step of the naturalization process, from preparing documents to interview coaching.

Q5: Can US Immigration Counsel help with immigration waivers or appeals?
Yes. If your case was denied or you need a waiver to move forward, we’ll review your options and build the strongest possible application or appeal.

Q6: I’m an employer looking to sponsor a foreign worker. Can you help?
Yes. We assist businesses and individuals with employment-based immigration, including work visas and green card sponsorship.

Q: Can US Immigration Counsel help me bring a spouse, child, or parent to the U.S.?
Yes. Family-based immigration is one of our core strengths. Whether your loved one is already in the U.S. or abroad, we’ll guide you through every step to bring them home legally and securely.

Q: What if I already filed something on my own or with another lawyer?
No problem. We frequently help clients who started elsewhere or alone. We’ll review everything and let you know the smartest next step.

Q: Can I petition for family if I’m not a U.S. citizen?
Depending on your current status, you may still qualify. During your consultation, we’ll explore all your options and determine the best path forward.

Q: I got a court notice—what should I do?
Contact us right away. Time is critical. We’ll review your case and act fast to protect your rights and build the strongest possible defense.

Q: Can US Immigration Counsel represent me if I’m in another state or in detention?
Yes. We represent clients across the U.S. and even those currently in immigration custody. Wherever you are, we’re ready to help.

Q: What if I already lost my case?
There may still be legal options. Appeals, motions, or reopening your case could be possible—we’ll analyze everything and guide you on your next move.

Q: Do I have to be in Florida to work with US Immigration Counsel?
Not at all. Immigration law is federal, which means we can represent you whether you’re in another state or anywhere in the world. Our clients come from across the U.S. and beyond.

Q: Can we do everything remotely?
Yes. From virtual consultations to secure document sharing, our firm is fully equipped to support you no matter where you are. You’ll receive the same care and expertise as if you were sitting in our office.