3/10 year bar

Consider the following scenario:

Procopio has a pending immigrant petition by his father, a U.S. permanent resident (“Green Card holder”). Having earlier obtained a visitor’s visa, Procopio came to New York City.

Procopio, a bachelor, was awestruck by New York City. He enjoyed the sight and sound of the city - with its dizzying skyscrapers. He was allured by tall and curvaceous models, stripped to their bare essentials, at Manhattan’s Fashion Avenue. He was dazzled by the rich and famous at Fifth Avenue row. And was bewildered by the hustle and bustle of a city that doesn’t sleep.

Alas! He forgot, though, that his temporary authorized stay, as a visitor, had lapsed. In short, he became “OOS” (out of status) and “unlawfully present” in the United States.

A year later, Procopio went home to Manila.

Another year past, his visa number on his father’s immigrant petition was up; thus, he was called for his visa interview. To his surprise, Procopio was denied his immigrant visa. Reason: 3/10 year bar.

So what’s the 3/10 year bar?

It’s an immigration rule that says, an alien who is unlawfully present in the United States for more than 180 days but less than one year, and who voluntarily leaves the country is ineligible for admission or reentry to the U.S. for three years. Similarly, an alien who is unlawfully present for one year or more is inadmissible for ten years.

3/10 year bar. It’s a harsh provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. And it’s designed to curb illegal immigration in the United States.