What are Unlawful Presence Waivers?

A provisional unlawful presence waiver offers assistance to individuals who entered the United States without authorization or remained in the country after their visa expired. The unauthorized presence can be a stumbling block for many individuals seeking to apply for a green card. However, there’s a solution with the unlawful presence waiver. The waiver forgives the unauthorized time in the U.S.

The Importance of Applying for the Waiver

Unlawful presence occurs when an individual stays in the United States beyond the expiration of their authorized period of stay or without proper legal status. This can have serious consequences, including bars on reentry ranging from three to ten years, depending on the duration of unlawful presence.

However, there’s a ray of hope for those facing this predicament: the unlawful presence waiver. This waiver, formally known as Form I-601A, allows certain individuals to seek forgiveness for their unlawful presence before applying for lawful permanent residency and prior to leaving for their home country.

The Benefits of Applying for the Waiver

The unlawful presence waiver, Form I-601A enables individuals to be forgiven for the unlawful presence prior to completing the immigrant visa application process. That means, that if the person is forgiven, then the government should not object to approving the green card. Unless there are other reasons to deny, such as a criminal background or other grounds of inadmissibility.

Eligibility Criteria for Unlawful Presence Waivers

Eligibility for an unlawful presence waiver hinges on several factors. Firstly, the applicant must have a qualifying relative, typically a U.S. citizen or lawful permanent resident spouse or parent, who would suffer extreme hardship if the applicant were denied admission to the United States. Additionally, the applicant must demonstrate good moral character and that their only ground of inadmissibility is unlawful presence.

An experienced immigration lawyer with a statue on their desk

 

The Role of Experienced Immigration Lawyers

The waiver process is complex, and the waiver process can be daunting without expert guidance. That’s where an experienced immigration attorney comes into play. Choose a local immigration attorney in Orlando with ample experience to represent you with this process. They are well-equipped to get you the best outcome by making sure that it meets all legal requirements and maximizes the chances of approval.

How Immigration Universe Can Help

An experienced immigration lawyer in Orlando can assess your circumstances, identify potential challenges, and develop a comprehensive strategy tailored to your case. They can gather supporting documentation, prepare persuasive legal arguments, and advocate on your behalf throughout the process, from initial application to potential interviews and appeals.

At Immigration Universe, we understand the stakes involved in immigration matters, especially when it comes to unlawful presence waivers. Our team of expert immigration attorney Orlando is dedicated to helping individuals navigate the complexities of immigration laws and secure the best possible outcome for their case.

If you’re facing challenges related to unlawful presence or any other immigration issue, don’t navigate the process alone. Contact Us at Immigration Universe today for reliable immigration services and expert guidance every step of the way.

You might also enjoy