What are the three and ten year bars?
Beginning on April 1, 1997, immigration law has imposed penalties for immigrants who are here in unlawful presence for more than 180 days. Immigrants who have stayed more than 180 days but less than one year beyond the period granted by the immigration authorities or after they entered without authorization from the immigration authorities and who then depart the US before the immigration authorities start removal proceedings against them will be penalized by being barred from re-entering the US for three years from the date they departed the US. Unlawful presence in the US of one year or more will result in a bar of 10 years if an immigrant leaves and attempts to return. Days or years without documents accumulated before April 1, 1997 will not be counted against the immigrant. Remember, for this bar to be triggered, the immigrant has to LEAVE the U.S. What is considered unlawful presence? Unlawful presence is defined as time spent in the United States during a period of stay not autho
