If you’ve been told that you’re inadmissible under INA Section 212(a)(9)(B) due to unlawful presence, you’re likely worried about the possibility of a 3 year or 10 year bar from returning to the United States. These bars apply when someone overstays their authorized period of stay and then departs the US which triggers long term consequences that affect your ability to obtain a visa or green card. But these situations can often be challenged or waived, depending on your circumstances. If you’re in this position, don’t assume you’re out of options. Many of our clients have successfully overcome this problem with the right legal strategy.
Why These Bars Are More Common and Sometimes Wrong
The 3 year bar applies to individuals who were unlawfully present for more than 180 days but less than one year, while the 10 year bar applies to those who were unlawfully present for one year or more. These penalties are triggered once you leave the US, and they can derail visa applications and family-based immigration cases. Unfortunately, we’ve seen many situations where USCIS or CBP made a mistake, showing someone overstayed when, in fact, they left on time or had legal status. In those cases, we’ve helped clients track down records, identify CBP errors, and correct the government’s mistake, allowing them to avoid a bar entirely.
Even when the unlawful presence is accurate, there are still legal remedies available. We frequently assist clients in applying for the I-601A Provisional Unlawful Presence Waiver, which allows them to request forgiveness before leaving the country for a visa interview. These waivers are discretionary and are granted based on a showing that refusal of admission would cause extreme hardship to a qualifying US citizen or permanent resident spouse or parent. It’s important to understand that this waiver only covers unlawful presence, so if there are other issues such as prior fraud, criminal convictions, or removal orders, additional waivers may be required.
How We Help Clients Overcome Unlawful Presence Bars
Whether you’re facing an incorrect inadmissibility finding or need to build a strong waiver case, we know how to help. We’ve worked with clients who were wrongly barred due to database errors and successfully challenged those determinations. For those who did accrue unlawful presence, we’ve guided them through the I-601A process, helping them gather the right documentation to prove hardship and ultimately secure approval. We understand how to spot problems before they cause a denial, and we’re here to help you avoid painful delays or permanent bars.
Talk to an Immigration Lawyer Before You Take the Next Step
If you’re facing a 3 year or 10 year bar under INA 212(a)(9)(B), don’t guess your way through it. Let us help you fix it the right way. Whether you’re inside or outside the US, we’ll help you understand your options, correct any errors in your record, and apply for a waiver if needed. Call our office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll review your immigration history, develop a strategy, and fight to get you back on the path to legal status in the United States.