What is a 3 &10 year Bar?
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I’m often asked, “What is a 3 & 10 year bar?” The 3 & 10 year bar was enacted in 1996, and it was pretty much put into place because they wanted to avoid people coming back and forth across the border, even if they were deported. In 1996, they enacted a law that we commonly call, the 3 & 10 year bar. If you’re in the United States illegally for more than 180 days and then leave the United States, you can’t return for 3 years. If you’re in the United States for more than a year and then voluntarily leave the United States, you can’t come back for 10 years.
There are certain exceptions to the 3 & 10 year bar. Most notably the 3 year bar doesn’t apply to somebody in removal proceedings. The 3 & 10 year bar does not apply to anybody who’s been admitted in duration of status, most commonly students. There are other exceptions to the 3 & 10 year bar, and the rules on the 3 & 10 year bar can be very complicated, but important to know and to understand. You don’t want to leave the United States and then find out that you’re subject to a 3 or 10 year bar. If you have questions about whether you fall into the 3 & 10 year bar, it’s really important to discuss your situation with a competent immigration lawyer, and I’d be happy to meet with you and discuss whether it applies to you.