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According to USCIS Director Alejandro Mayorkas, a change to the three- and ten-year re-entry bars placed on undocumented immigrants is anticipated to take effect by the end of this year. Current measures allow for immigrants who have resided in the U.S. illegally for more than 180 days to apply for an “Extreme Hardship Waiver.” However, they are forced to leave the country without any estimation of when and if their application would be approved. Although the new revision still requires immigrants to leave the U.S. for a consular interview, the immigrant can seek adjudication of the hardship waiver in the United States prior to exiting the country for the consular interview.  If approved, the immigrant can better estimate the time out of the United States with some certainty as to the decision on the hardship waiver.

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