What is the 3-year and 10-year US re-entry bar?
Under INA §212(a)(9)(B), non-citizens who accrue unlawful presence and then depart the US are barred from re-entry: (1) 3-year bar: between 180 and 364 days of unlawful presence before voluntary departure; (2) 10-year bar: 365 days or more of unlawful presence before voluntary departure. The bar begins running from the date of departure. Attempting to re-enter during the bar period may trigger a permanent (lifetime) bar. Unlawful presence during minority (under 18) generally does not count.
When does unlawful presence start in the US?
Unlawful presence begins: (1) the day after your authorized stay expires (the date on your I-94); (2) if admitted for 'duration of status' (D/S) — the day after USCIS or an immigration judge formally finds a status violation. For visa overstays, the I-94 expiration date is the trigger. For status violations (unauthorized employment, failure to maintain student status), the start date depends on an official finding. Pending asylum applications may toll (pause) unlawful presence accrual.
Can the 3-year or 10-year bar be waived?
Yes, through Form I-601 (Application for Waiver of Grounds of Inadmissibility) or Form I-601A (Provisional Unlawful Presence Waiver, which allows eligible individuals to apply before departing). To obtain a waiver, you must show: (1) a qualifying relative (US citizen or LPR spouse or parent); and (2) that refusal of admission would cause 'extreme hardship' to that qualifying relative. The waiver is discretionary — approval is not guaranteed. Processing times are 12–36 months.