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Individuals who have been unlawfully present in the United States for more than 180 days but less than one year beginning on April 1, 1997, and who left the U.S. voluntarily, will be inadmissible for three years from the date of their departure. Those who are unlawfully present in the United States for one year or more from April 1, 1997 and leave the U.S. will be inadmissible for ten years from the date of their departure. There are exceptions for persons under the age of 18, beneficiaries of family unity, and battered women and children. A waiver is available for the spouse, son, or daughter of a U.S. citizen or Permanent Resident who would be subject to extreme hardship.
A period of voluntary departure is considered to be a period of stay authorized by the Attorney General, therefore this period will not be counted in determining if one is subject to the 3-year or 10-year bar.
These bars present a problem in the event that an individual has to travel outside of the country to obtain an immigration benefit and that same person has been out of status in the United States for sufficient time to trigger the bars.
Of curse, this is not a problem for an individual who has married a US citizen,. such a person can adjust status to that of permanent resident without leaving the US provided they were inspected when the came initially came into the US.
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