In this article we discuss the current status of 3 and 10-year bar according to US immigration laws of 2022. On June 24, 2022 the U.S. Citizenship and Immigration Services (USCIS) issued a new policy regarding individuals seeking to enter the United States after the expiration of a statutory 3-year or 10- year ban. According to the new policy guidance, a non-US person who again seeks admission in the United States after the expiration of either a 3 or 10-year ban to enter the country is not considered inadmissible even if he or she returned to the United States, with or without authorization, during the statutory ban period.
In 1996, the US Congress passed law that specified the grounds of inadmissibility regarding the accrual of unlawful presence in the United States by a noncitizen individual. According to the law, a noncitizen individual is inadmissible if she or he accrues more than 180 days of unlawful presence in the United States, departs or is removed, and again seeks admission within 3- years, in the case of a departure or 10-years in the case of a removal. However, there are no regulations, precedent federal court decisions, or published administrative decisions that speak of cases where an individual tries to enter the United States during the statutory 3-year or 10-year period without first obtaining a waiver of inadmissibility.
• The USCIS does not consider a noncitizen individual who has accrued 180 days or more of unlawful presence inadmissible after the expiration of the statutory 3-year ban, following a departure, or 10-year ban, following a removal.
• The policy specifies that the time on the 3-year or 10-year period ban begins to run once the noncitizen departs or is removed. The time on the ban is set to continue to run without interruption from that date of the departure or removal.
• The policy clarifies that a noncitizen’s location during the ban and the noncitizen’s manner of return to the United States during the 3-year or 10-year ban period are irrelevant for purposes of determining inadmissibility.
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