The 3- and 10-year bars are bans on entering the United States under INA § 212(a)(9)(B) for people who accrued unlawful presence and then departed the country or were removed. The key mechanic — and the one most often misunderstood — is that the bar is triggered not by unlawful presence itself but by a subsequent departure or removal. Until the person has left the United States or been removed, neither the three-year nor the ten-year ban applies.
Status as of July 22, 2026. The rules are stable: the bars are set by statute (INA § 212(a)(9)(B) and (C)), and their application is described in the USCIS Policy Manual (Volume 8, Part G). USCIS periodically refines how unlawful presence is counted and how the waivers operate — details are checked against the current edition of the Policy Manual.
What unlawful presence is and how it accrues
Unlawful presence is time spent in the United States after the authorized period ends (for example, after the date on Form I-94 — for those admitted until a specific date rather than for duration of status) or without admission or parole. It is not the same as a status violation: a person can violate the terms of their status without accruing unlawful presence.
As USCIS describes it, unlawful presence does not accrue, among other situations: before age 18; while a bona fide asylum application is pending; during a period of valid TPS; while a timely filed, non-frivolous application to change or extend status is pending — subject to the conditions set out in the Policy Manual; and for certain categories under separate Policy Manual rules. Time lawfully present on these grounds does not count.
How the bars trigger
The 3-year bar: more than 180 days but less than one year of continuous unlawful presence — followed by a departure from the United States before removal proceedings begin. The 10-year bar: one year or more of continuous unlawful presence — followed by a departure, whether voluntary or under an order. In both cases the ban runs from the date of departure and means inadmissibility — immigrant and nonimmigrant visas are generally unavailable until the period has run or a waiver is granted.
A separate, harsher regime is the "permanent bar" under INA § 212(a)(9)(C): one year or more of unlawful presence in the aggregate, or a removal order — followed by entering or attempting to enter without admission. That ban is not cured by the standard waiver: permission to reapply for admission (Form I-212) becomes possible only after 10 years outside the United States.
Waivers: I-601 and I-601A
A waiver of the bar (Form I-601) exists for those who have a qualifying relative — a spouse or parent who is a U.S. citizen or permanent resident — and can prove that separation would cause that relative extreme hardship (consequences substantially beyond the ordinary). U.S. citizen children are not qualifying relatives for this waiver under the statute.
The provisional waiver (Form I-601A) allows certain applicants to obtain a conditional waiver of unlawful presence before departing for the consular interview — so a denial does not leave them stranded abroad for years. It covers only the unlawful presence ground and does not resolve other grounds of inadmissibility. Approval of an I-601A does not by itself guarantee visa issuance.
A trip on advance parole is not a "departure" for the bar
Under the BIA precedent Matter of Arrabally and Yerrabelly (2012), leaving the United States on advance parole is not a "departure" within the meaning of § 212(a)(9)(B) — such a trip does not trigger the bar. How reentry documents work is covered in the piece on advance parole, the re-entry permit, and the RTD; the broader context of inadmissibility is in the bars and waivers section.
Departing the United States with accrued unlawful presence is a decision with irreversible consequences for one's immigration future; people consult a licensed attorney before making it.
Does the bar start running if the person never left?
No. The bar's trigger is a departure or removal after unlawful presence has accrued. Without them, the § 212(a)(9)(B) bans do not activate, although unlawful presence itself affects other aspects of a case.
Can the bar be waived?
For the 3- and 10-year bars — yes, through Form I-601 with a qualifying relative (a spouse or parent who is a U.S. citizen or resident) and proven extreme hardship; before departing for the consulate, some applicants use the provisional waiver, Form I-601A. The "permanent bar" under § 212(a)(9)(C) is not cured by this waiver.
Does time under TPS or a pending asylum application count as unlawful presence?
No: a period of valid TPS and the time a bona fide asylum application is pending do not count toward unlawful presence — under the rules in the USCIS Policy Manual (Volume 8, Part G).
From what day does the 10-year bar run?
From the departure or removal that triggered the bar; the clock runs regardless of where the person is and expires 10 years later. Whether a visa or admission is possible during that period depends on all applicable grounds of inadmissibility and on the availability of a waiver.