Immigration Solutions

USCIS new policy regarding the 3-year and 10-year unlawful presence bars

USCIS has changed its policy regarding the 3-year and 10-year unlawful presence bars.

If a foreign national accumulates unlawful presence in the U.S., either more than 180 days for the 3-year bar or a year or more for the 10-year bar and then departs, but returns, he or she can serve out the remainder of the bars within the U.S. rather than have to remain abroad for the full time, and will not need an unlawful presence waiver.

This will help many people, especially those who do not have a US citizen or permanent resident spouse or parent and do not qualify for an unlawful presence waiver.

For example, Mr. X enters the U.S. on a B-2 visa, but overstays for three years.

He departs the U.S. and then returns, again on a B-2 visa.

His US citizen daughter is over 21, and petitions for him.

Ten years have passed since Mr. X’s departure from the US triggering the unlawful presence bar, even though he has spent most of that time in the US.

Mr. X can now adjust to permanent residency, whereas under the prior policy, he would not have been able to adjust and would not be eligible for an unlawful presence waiver because he does not have a qualifying spouse or parent.

Leave a Comment