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New York City Bar Waiver Lawyer

If you are an immigrant who wants to obtain a green card through a family member, you may face a major obstacle: the three- or ten-year bar. This is a provision of the law that prevents you from reentering the United States if you have been in the country illegally for more than six months or one year, and then leave. The bar applies whether you left voluntarily or were deported. The three- or ten-year bar can be devastating for families who want to stay together and pursue their American dream. It can force you to choose between living in the shadows without legal status, or leaving your loved ones behind and facing a long separation. Fortunately, there is a way to overcome this obstacle: the bar waiver. Contact a dedicated New York City bar waiver lawyer from The Law Office of Jason A. Dennis today for guidance through the legal process.

Bar Waiver Lawyer | Here to Protect You

A bar waiver is a special permission that allows you to reenter the United States without waiting for three or ten years, if you can show that your absence would cause extreme hardship to your U.S. citizen or lawful permanent resident (LPR) spouse or parent. A bar waiver can help you reunite with your family and complete the process of obtaining your green card.

Unfortunately, obtaining a bar waiver is not easy. You need to meet certain requirements, follow specific procedures, and provide convincing evidence of your eligibility. You also need to hire an experienced New York immigration lawyer who can guide you through the process and advocate for the best outcome possible on your behalf.

Who May Be Barred from the United States?

The three- and ten-year bars are provisions of the Immigration and Nationality Act (INA) that impose reentry bans on immigrants who have accrued unlawful presence in the United States. Unlawful presence is the time that you spend in the country without being admitted or paroled by an immigration officer, or without a valid visa or status. The length of the reentry ban depends on how much unlawful presence you have accrued.

If you have accrued more than 180 days but less than one year of unlawful presence, and then leave the United States, you will be barred from reentering for three years. If you have accrued one year or more of unlawful presence, and then leave the United States, you will be barred from reentering for ten years.

The three- and ten-year bars affect anyone who is applying for an immigrant visa (green card) at a U.S. consulate abroad, after having been in the United States illegally. This includes the following parties, among others:

  • Immediate relatives of U.S. citizens (spouses, parents, and children under 21) who entered the United States without inspection (EWI) or overstayed their visas.
  • Family-sponsored or employment-based immigrants who entered the United States EWI or overstayed their visas.
  • Diversity visa lottery winners who entered the United States EWI or overstayed their visas.

The three- and ten-year bars do not affect anyone who is applying for adjustment of status (green card) within the United States, as long as they entered the country legally and are eligible for adjustment. However, if they leave the United States before obtaining their green card, they will trigger the bars and may not be able to return.

Qualifying for a Bar Waiver

A bar waiver is available only to immigrants who can show that their U.S. citizen or LPR spouse or parent would suffer extreme hardship if they are separated from them for three or ten years. Extreme hardship is more than normal emotional or financial difficulty. Some potential examples of what may meet the legal standard of “extreme hardship” are as follows:

  • Dire health problems that require your care or support
  • Significant economic losses that depend on your income or skills
  • Educational disruptions that affect your children’s future
  • Social or cultural difficulties that limit your family’s integration
  • Safety risks that expose your family to danger or violence

To qualify for a bar waiver, you will have to provide evidence of these factors, such as medical records, financial statements, school transcripts, letters from experts, and country conditions reports, among others. You must also explain how these factors are related to your absence and why your family cannot relocate with you or overcome them without you.

Who Does Not Qualify for a Bar Waiver?

A bar waiver is not available to anyone who has other grounds of inadmissibility besides unlawful presence, such as criminal convictions, fraud, misrepresentation, security threats, and more. A bar waiver is also not available to anyone who has previously triggered the permanent bar by reentering or attempting to reenter the United States illegally after having accrued more than one year of unlawful presence in total.

Why You Need a Lawyer

Getting a bar waiver is a complex process that requires skilled legal guidance. You need a bar waiver lawyer who can help you by:

  • Evaluating your case and determining your eligibility for a bar waiver
  • Preparing and filing your application for a provisional unlawful presence waiver (Form I-601A) before you depart the United States for your consular interview
  • Gathering and presenting evidence of extreme hardship to support your waiver request
  • Communicating with the U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) on your behalf
  • Advising you on what to expect at your consular interview and how to handle any issues that may arise
  • Representing you in case of any appeals or litigation

Contact a Bar Waiver Lawyer Today

The bottom line is that if you’re looking to obtain a bar waiver so you can continue living here in the United States, hiring an attorney is paramount. Fortunately, you are in the right place. The Law Office of Jason A. Dennis has extensive experience guiding clients through this process, and we are here to put that experience to work for you in your case as well. Contact us today so we can get started.

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