Immigration Law, Immigration Reform, Visa / Permanent Residency »
In April 1, 1997, Congress passed a law that punishes people for unlawfully staying in the United States without a proper status including any stay after a valid visa has expired. The immigration law prevents people from coming or returning to the United States for three or ten years depending on the length of their illegal stay in the country. This time bar is referred to as three and ten-year bars. These time bars apply to people who are overseas and trying to return to the United States, not people who are already here and have the right to apply for their green card here.
Three year time bar
If you spent more than 180 continuous days in the United States illegally, you could be barred from coming back for three years.
Ten year time bar
If you spent more than one continuous year in the United States unlawfully, you could be barred from coming back for ten years.
What if you have stayed in the United States illegally and now have married a U.S. citizen or permanent resident? The answer is that the time bar may not apply to you because you could apply for a waiver.
You can also adjust your status from undocumented to conditional residency if you have married a U.S. citizen, not a green card holder no matter how long you stayed in the U.S. illegally so long as you entered the country legally.
Talk to our immigration attorneys about your situation. We will give you an answer to your options.
