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Three and Ten Year Bars

The 3/10 year bar refers to how long certain illegal entrants have to remain outside of the US in order to be able to obtain legal papers.  Some are required to remain out of the country for 3 years and others are required to remain outside for 10 years.  A person who has accumulated 6 months or more of continuous unlawful residence may be subject to the 3/10 Year Bar when seeking  legal entry to the U.S.  If either the Three or Ten Year Bar applies,  the person seeking legal admission must leave the US voluntarily for  either 3 or 10 years before legal admission can be granted.  The length of time such a person must remain out of the country depends on the length of the unlawful residence.  If the unlawful residence is greater than 6 months but less than 1 year, the foreign national must leave the country and remain out of the country for 3 years before legal admission can be granted. If the unlawful residence period is greater than 1 year but less than 10 years, then 10 year bar applies and foreign national must remain out of the country for 10 years before legal admission can be granted.  There is however, an extreme hardship exception to the the 3/10 bar.  There are also times of unlawful residence that do not count.

Permanent Bar

Aliens who unlawfully reside in the US after an involuntary departure (deportation) or after receiving an order to depart may be permanently inadmissible.