3/10 Year Bar Waiver Granted: A Path to Legal Residency

A grant of the 3/10-year unlawful presence waiver (via Form I-601A provisional waiver or Form I-601 after consular refusal) removes one of the biggest obstacles to family immigration: the bar triggered when someone who accrued unlawful presence leaves the U.S. for a consular interview. Approval means the government has found “extreme hardship” to your U.S. citizen or permanent resident spouse or parent if the visa were refused—clearing the way to pursue your green card.

What This Approval Means

• The specific inadmissibility under INA §212(a)(9)(B) is forgiven for immigrant visa issuance.
• You may proceed to medical exam, consular interview, and visa issuance (if using I-601A, after brief travel abroad).
• The waiver does not grant status, employment authorization, or advance parole by itself; it’s a legal green light for the visa process.

What It Doesn’t Cover

• It does not waive other grounds (e.g., fraud/misrepresentation under §212(i), certain criminal issues under §212(h), or the permanent bar for illegal re-entry under §212(a)(9)(C)).
• Prior removal orders may still require I-212 permission to reapply.

Next Steps After Approval

1. Confirm all remaining issues: attorney review for any additional grounds of inadmissibility.
2. Coordinate with NVC: submit civil documents, pay fees, and schedule the medical and interview.
3. Prepare the packet: updated relationship and hardship evidence, financials (I-864), police certificates, court records, and proof of continued good moral character.
4. Plan travel carefully: for I-601A, expect a short trip abroad for the interview; arrange childcare, employment leave, and return tickets.

Interview & Issuance Tips

• Be consistent with prior filings (I-130, DS-260, hardship statements).
• Bring originals of civil records and certified court dispositions.
• Answer clearly; if asked about past status, explain truthfully and concisely.

After Visa Approval

Enter the U.S. as an immigrant, receive your green card, and update employers for I-9. Keep copies of all approvals and your entry documents.

How We Help
We audit for hidden bars, synchronize NVC timelines, assemble interview-ready evidence, and guide you from waiver approval to lawful permanent residence—minimizing separation and surprises.