On June 24, 2022, the USCIS announced a new policy regarding the 3- and 10-year bars (penalties for individuals who have lived more than six months in the U.S. without status). Before June 24th, a person who triggered the 3- or 10-year bar would have to wait the 3 or 10 years outside of the United States before applying for permanent residency. According to the recent USCIS memorandum, the 3 or 10 years may be counted for time spent inside of the United States if the last entry to the United States was made legally (i.e., with a visa).
Additionally, anyone with a permanent resident application previously denied because USCIS determined they triggered the 3- or 10-year bar may be eligible to request a reopening of that decision.
If you last entered the U.S. lawfully and have been told that you could not apply because you triggered a bar, please get in touch with our office so we can evaluate your case to determine eligibility. *
Below are the options to adjust the status despite the accumulation of unlawful presence and the possible triggering of the three and 10-year bars:
- Adjust Status under 245(i)
- I-601A Waiver
- DACA Advanced Parole
- TPS Advanced Parole
- U visa
- T visa
- Acquisition of U.S. Citizenship