Can the three and ten-year bars be waived?
A. Yes. The statute provides that the Attorney General may waive the application of the three and ten-year bars in certain circumstances. INA section 212(a)(9)(B)(v). Aside from the statutory requirements, we do not know anything else about what limitations and conditions the INS may impose. Waivers of the three and ten-year bars are available for: immigrants who are the spouse or son or daughter of a United States citizen or an LPR, if the refusal of admission would result in extreme hardship to the qualifying relative. If section 245(i) is not renewed or extended, and people need to leave the United States to obtain immigrant visas outside, they will be hit by the three and ten-year bars. The waivers then will become extremely important.
