What Is the Difference Between Three-, Five-, and 10-Year Bars?

Three-, five-, and 10-year bars are difficulties potential immigrants of the United States could face. The three- and 10-year bars can prevent people from lawfully entering the country, while a five-year bar can prevent even legal residents from receiving the health care they need to live. 

At New Frontier Immigration Law, we can help you with whatever bar poses a threat to your freedom. Our team can work with you to file the proper waiver or provide the proper documentation to put the bar negatively affecting your life behind you. When you need help with a three-, five-, or 10-year bar, our immigration attorney is ready to assist you.

What Is a Three-Year Bar?

A three-year bar prevents you from lawfully entering the United States for three years. This is the least severe bar that the United States Citizenship and Immigration Services (USCIS) inflicts. 

You could be given a three-year bar if you:

• Are not a U.S. citizen or lawful permanent resident;
• Were in the U.S. for more than 180 days but less than one year during a single period;
• Voluntarily left the U.S. before the Department of Homeland Security began proceedings to remove you from the county; and
• Seek admission within three years of departing the U.S. following your unlawful presence

Your three-year bar begins the day that you leave the country.

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What Is a 10-Year Bar?

Except for a permanent bar, a 10-year bar is the most severe bar you can receive from the USCIS. You could receive a 10-year bar if you:

• Are not a U.S. citizen or permanent resident;
• Were unlawfully in the U.S. for a year or longer during a single stay;
• Were removed from the U.S. for legal reasons; and
• Seek admission within 10 years of your departure

Like with a three-year bar, the 10-year period starts the day you leave or are removed from the United States.

What Is a Five-Year Bar?

While the three-year bar and 10-year bar pertain to the length of time you cannot enter the United States, the five-year bar references how long a qualified non-citizen must wait to obtain Medicaid and the Children’s Health Insurance Program (CHIP) coverage. Simply, after receiving “qualified” immigrant status, a person has to wait five years before they qualify for either of these programs.

Qualified non-citizens consist of:

• Green card holders
• Asylees
• Refugees
• Cubans
• Haitians
• Victims of trafficking
• Members of federally recognized Indian tribes or American Indians born in Canada
• Battered non-citizens
• Those paroled into the U.S. for at least one year
• Those granted withholding of deportation
• Citizens of the Marshall Islands, Micronesia, and Palau living in a U.S. state or territory

Medicaid and CHIP

Medicaid is designed to help low-income patients pay their medical expenses. The assistance program offers government support to those most in need to ensure they receive the medical care they need.

CHIP provides low-cost health coverage to children who are from families that:

• Earn too much to qualify for Medicaid
• Cannot afford private insurance

In some instances, CHIP is also available to pregnant women.

States have the option to remove the five-year ban for lawfully residing children or pregnant women. In all, 29 states have removed the five-year waiting period. However, Arizona is not one of them.

How Can an Immigration Attorney Help?

If you have received a three- or 10-year bar, an immigration attorney can help you file the correct waivers to potentially have your bar lifted. One such waiver is the extreme hardship waiver.

Extreme Hardship Waiver

The extreme hardship waiver requires attention to detail and a thorough explanation of the hardships that someone you are responsible for would suffer if you are not admitted to the United States. An attorney can help you with this waiver, including how to avoid items considered common consequences.

According to USCIS, common consequences are:

• Family separation
• Economic detriment
• The ability to pursue fruitful employment
• Inferior medical services
• Worse educational opportunities
• Difficulty adjusting to life

If your application only describes common consequences, you would likely not qualify for extreme hardship.

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Contact New Frontier Immigration Law Today

If you have received a three- or 10-year bar, or if you are looking to have the five-year medical coverage bar lifted, then an attorney may be able to help you. Some exceptions and waivers can make it easier for you to obtain citizenship and lawfully care for your family.

At New Frontier Immigration Law, we are committed to seeing our clients remain with their families in the United States. We want all of our clients to live happily and healthily, and we will work through your individual situation to best help you become a lawful permanent resident. If you have any questions regarding your three-, five-, or 10-year bar, contact our immigration attorney today.