Unlawful presence in the U.S. can trigger the 3-year or 10-year bar upon departure. However, certain applicants may be eligible for a waiver (Form I-601/I-601A) if they can demonstrate that denial of admission would cause extreme hardship to a qualifying U.S. citizen or Legal Permanent Resident spouse or parent. This discretionary relief is complex and requires compelling evidence. Consult an attorney to assess your eligibility and ensure a strong application.

— What it means when a waiver is granted

The 3- and 10-year unlawful-presence bars (INA §212(a)(9)(B)) block reentry when noncitizens who accrued unlawful presence in the U.S. depart and seek admission. A waiver (commonly an I-601 or an I-601A provisional waiver) forgives that inadmissibility when the applicant shows extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent. Therefore, when a waiver is granted, a previously barred beneficiary can proceed with consular processing or adjust status in the right circumstances — a life-changing outcome for families.

3-year vs 10-year bar — quick summary

3-year bar: more than 180 days but less than one year of unlawful presence + departure → 3-year bar on readmission.
10-year bar: one year or more of unlawful presence + departure → 10-year bar on readmission.

Which waiver to use

Form I-601: waiver for unlawful presence used in consular or some adjustment contexts; requires extreme-hardship showing to a qualifying relative.
Form I-601A (provisional): for eligible immediate relatives of U.S. citizens physically present in the U.S.; waives unlawful presence prior to consular processing.
Form I-212: where prior removal or other reentry bars require permission to reapply; may be needed alongside an I-601.

Evidence & strategy that wins

Document extreme hardship with medical records, expert reports, financial analyses, and detailed affidavits.
Corroborate facts with employment records, school records, tax returns, and community testimony.
Address any additional bars (fraud, criminal history, removal) that could block relief.
Submit a clear legal brief tying facts to the statutory extreme-hardship standard and include an exhibit index.

Process & timing

I-601A: file, biometrics, adjudication; if approved depart for consular interview with provisional waiver.
I-601: typically filed after consular referral or where required for the immigrant visa process.
Processing times vary by service center; premium processing is not available for these waivers.

Common cautions

Extreme-hardship is a demanding standard — ordinary separation is insufficient.
I-601A does not waive other inadmissibility grounds; screen carefully before departure.
Full and candid disclosure is essential; undisclosed facts can doom the application.