3- and 10-Year Bars
The 3- and 10-year bars are penalties in US immigration law that block people from getting a visa or green card for 3 or 10 years after they leave the United States following a period of unlawful presence.
How they work
- 3-year bar: more than 180 days but less than 1 year of unlawful presence, then leaving the US.
- 10-year bar: 1 year or more of unlawful presence, then leaving.
- Permanent bar: more than 1 year of unlawful presence, then entering or trying to enter again without inspection.
The bars are triggered by departure. That is why people who could otherwise get a green card through a US citizen spouse or parent often apply for a provisional waiver (Form I-601A) before leaving for their consular interview.
These rules are complex. Talk to a licensed immigration lawyer before any travel. See visa denials and waivers.
Frequently asked questions
When does the 10-year bar start?
On the day you leave the US after accruing a year or more of unlawful presence.
Can the 3-year bar be waived?
Yes, with Form I-601 or I-601A if you show extreme hardship to a qualifying US citizen or permanent resident relative.
Does the bar apply if I never leave?
The 3- and 10-year bars are triggered by departure, though other problems may still apply.
Official sources
- USCIS: Form I-601Auscis.gov
- USCIS: Form I-601uscis.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.