Applicants of the I-601 waiver may be considered as inadmissible due to unlawfully entering the country. Those applicants that fall under this category can file for the Unlawful Presence Waiver, which grants forgiveness for unlawfully entering the United States and allows them to move forward with the immigration process.
3 Year & 10 Year Bar
Those who have been residing in the United States and then leave, may have a 3 or 10 year bar applied to them.
3 Year Bar
The 3 year bar applies to those who have been in the United States for more than 180 days, but less than 360. This bar will deny access back into the United States for 3 years if they are not able to obtain an unlawful presence waiver.
10 Year Bar
The 10 year bar applies to those who have been in the United States for 360 days or more. This bar will deny access back into the United States for 10 years if they are not able to obtain an unlawful presence waiver.
Qualifying Relatives
Under the unlawful presence waiver, qualifying relatives (of American citizens or legal permanent residents) include:
- Parents
- Spouses