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Immigration Law's Catch-22: The Case For Removing The Three And Ten-Year Bars, Shoba Sivaprasad Wadhia

Shoba Sivaprasad Wadhia

Congress has made family immigration a priority in statute but the unlawful-presence bars, also known as the three and ten-year bars, create unique barriers for family reunification that prevent many immigrants from legalizing their status through the existing immigration system. The three and ten-year bars prevent immigrants who have overstayed their visas or entered unlawfully from earning a green card even if they are otherwise capable of legally acquiring it. Removing or reforming the unlawful presence bars would remove a major legislative catch-22 that impedes the legalization of many unauthorized immigrants. Take the example of Maria, a 23 year-old woman …