What are the three and ten year bars, and why should they be of concern?
In order to obtain a green card or other visa if you are already in the US you can either (1) adjust status in the US and obtain the green card form a local INS office or (2) return to your home country and pick up your Green card form the US Embassy or consulate there.
A problem can often arise however if the person is 'out of status'. 'Out of status' people need to return to their home countries and there complete the process for an immigrant or non immigrant visa at the U.S. consulate. However, if people have been out of status in the U.S. for more than 180 days, they are barred from reentering the U.S. for at least 3 years, and perhaps as long as 10 years for being out of status for over a year.
Exceptions to this rule exist for those who marry US citizens.
What is Section 245(i) relief?
Under Section 245(i) of the Immigration and Nationality Act, an eligible individual can remain in the U.S. to obtain a green card through adjustment of status, and thus never trigger these entry bars. (Once permanent residence is obtained, these entry bars no longer apply.)
The applicant will however have to otherwise be of good moral character and pay an additional processing fee of $1,000.
HOWEVER At the moment Section 245 (i) is only available to applicants who (a) were physically present in the US on December 21, 2000 and (b) who have filed a valid immigrant petition or labor certification application before April 30, 2001.
As of now, it is not known whether Congress will extend the application of Section 245(i) relief as it has done in the past.
Thus, it is particularly important that people subject to the bars not leave the U.S. at all until they become permanent residents.