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  • Writer's pictureUnion Law Group

Learn about the different Bars and which ones apply for a Waiver.

¿What are the 3-year, 10-year, and permanent punishments?


· Punishment of 3 years

A person gets a punishment of 3 years when they have lived in the United States, acquiring illegal presence, for a period of more than 180 days, but less than 1 year and seeks an admission (ex. applying for a permanent residence) within 3 years from the date in which the person left or was removed from the United States. For example, a person who’s lived in the United States for 190 days with unlawful presence and is seeking to apply for their permanent residence within 3 years after serving the 180 days of unlawful presence, would have a three-year penalty.

Fortunately, a person who has a 3-year sentence can apply for a Waiver.


· Punishment of 10 years

A person gets a 10-year sentence when they have lived in the United States, acquiring unlawful presence, for a period of more than one year and seeks admission (ex. applying for permanent residence) within 10 years of the date on which the person left the United States or was removed. For example, a person who lived in the United States for 5 years acquiring illegal presence and is seeking to apply for her permanent residence will have a penalty of 10 years.

Fortunately, a person who has a 10-year sentence can apply for a Waiver.


· Permanent Punishment

A person gets a permanent punishment when they have lived in the United States accumulating illegal presence for more than one year and attempts to return to the United States, without documents, a second time. A person can accumulate illegal presence during various stages of his life. For this reason, it is very important to investigate through FOIA’s if there is a permanent punishment.

Unfortunately, there is no forgiveness for this type of punishment.


If you want to make an appointment, call our phones:

US: (619) 662-2170 or MX: (664) 622-5442

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