What is the 10-Year Ban from Entering the US? Explanation and Waiver Options
Learn about the 10-year US entry ban for unlawful presence, its legal basis, and possible waivers for affected individuals.
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The 10-year ban from entering the US typically refers to individuals who have been found unlawfully present in the country for more than 1 year, and then leave. Upon their departure, they are automatically barred from re-entering the United States for ten years. This is part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. There may be waivers available for some who can demonstrate extreme hardship to a US citizen or lawful permanent resident family member if they cannot return.
FAQs & Answers
- What triggers the 10-year ban from entering the US? The 10-year ban is triggered when an individual has been unlawfully present in the US for more than one year and then departs the country.
- Can the 10-year ban from the US be waived? Yes, some individuals may apply for a waiver of the 10-year ban if they can prove that their inability to return would cause extreme hardship to a US citizen or lawful permanent resident family member.
- Which law enforces the 10-year re-entry ban to the US? The 10-year ban is enforced under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
- Who is eligible to apply for the extreme hardship waiver for the US re-entry ban? Eligibility for the extreme hardship waiver generally requires demonstrating that qualifying family members—such as US citizen or lawful permanent resident spouses or children—would face exceptional difficulties if the applicant were denied re-entry.