What Is the 10-Year Immigration Law? A Complete Guide

The 10-year immigration law (officially known as the "10-year bar") is a critical rule that affects many immigrants in the U.S. who accrued unlawful presence. If you’re facing deportation or applying for a green card, understanding this law could determine whether you can stay in the country legally.

In this guide, we’ll explain:

✔ What the 10-year immigration law is

✔ Who it applies to

✔ Exceptions and waivers

✔ How a criminal lawyer San Diego or criminal attorney San Diego can help if criminal history is involved

What Is the 10-Year Immigration Law?

The 10-year bar is part of the Immigration and Nationality Act (INA) § 212(a)(9)(B). It states that:

If you stay in the U.S. unlawfully for more than 1 year (cumulative), then leave, you will be barred from re-entering for 10 years.

Key Details:

• Trigger: Leaving the U.S. after accumulating 365+ days of unlawful presence.
• 3-Year Bar: If you stayed unlawfully for 180+ days but less than 1 year, you face a 3-year ban upon departure.
• Permanent Bar: If you re-enter illegally after deportation, you may face a lifetime ban.

Who Does the 10-Year Bar Apply To?

The law affects:

✔ Undocumented immigrants who overstayed visas

✔ Visa holders who stayed past their expiration date

✔ Minors (though exceptions exist)

Exemptions:

• DACA recipients (if they had lawful status)
• Asylum seekers (while case is pending)
• U.S. visa waiver program entrants

Can You Overcome the 10-Year Bar?

Yes! You may qualify for:

1. A Waiver (Form I-601A – Provisional Unlawful Presence Waiver)

• For: Immigrants with a U.S. citizen or green card-holding spouse/parent.
• Requirement: Proving that your absence would cause extreme hardship to your relative.

2. Adjustment of Status (If Eligible)

• If you entered with inspection (legal entry), you may adjust status without leaving.
• Example: Marriage to a U.S. citizen (but consult a lawyer—past crimes can complicate this).

3. Cancellation of Removal

• For long-term residents (10+ years in U.S.) with good moral character and a qualifying relative.

How Criminal History Affects the 10-Year Bar

If you have a criminal record, the 10-year bar becomes more complex:

• Certain crimes (aggravated felonies, drug offenses) make you ineligible for waivers.
• Even minor offenses (DUI, domestic violence) can trigger deportation.

This is where a criminal lawyer San Diego can help:

✔ Fight to reduce or expunge charges before immigration proceedings.

✔ Argue that a conviction shouldn’t count under immigration law.

✔ Help you apply for post-conviction relief (if eligible).

What Should You Do If the 10-Year Bar Applies to You?

1. Consult an immigration attorney immediately—don’t leave the U.S. without legal advice.
2. Check if you qualify for a waiver (extreme hardship cases).
3. If you have a criminal record, contact a criminal attorney San Diego to review options.

Bottom Line

The 10-year immigration law is harsh but not unbeatable. With the right legal strategy—including waivers, status adjustments, or criminal defense—you may avoid the ban.

Need help? A skilled immigration lawyer (or criminal lawyer San Diego for past convictions) can guide you.