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Time That Does Not Count Towards the 3/10 Year Bar

Not all unlawful residence periods count toward the 3/10 Year Bar.  There are some exceptions:

  • Under 18 Exception - If you were under 18 during the unlawful residence, that time may not be counted toward the application of the 3/10 Year Bar;
  • Asylum Exception - If you were  waiting for the results of your bona fide asylum application, and you did not engage in unauthorized employment that time may not be counted toward the application of the 3/10 Year Bar;
  • Battered Women/Children Exception - If you are a battered woman or child and can show that this is reason for your unlawful residence that time may not be counted toward the application of the 3/10 year bar.
  • Pending Adjustment of Status Petition - If you entered with inspection, (and filed an Adjustment of Status petition in good faith and in a timely manner and did not engage in unauthorized employment before or during this time, then the time spent waiting for the results of that petition may not be counted toward the application of the 3/10 year rule.
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