"Waivers" can be complicated, and not everyone is eligible. Immigration waivers require pain-staking amounts of preparation and documentation. Oftentimes decisions on waivers hinge how letters are worded and which supporting documents is submitted. There are many relevant facts that USCIS and the Immigration Judge will use to decide the application. It is important to know what those facts are and how to document them adequately.
Hiring an immigration waiver attorney who understands your family's situation and the importance of keeping your family together is critical to a successful waiver application. Schedule an appointment to speak with an experienced immigration waiver attorney today- please email or call us at (866)448-2994.
Unlawful Presence Waiver
If a person entered the United States without being inspected, then he accrues "unlawful presence" each day he is here. If a person is inspected and given a certain amount of time to be here but overstays that authorized time, then he will have one day of unlawful presence for each day over the authorized stay. If a person has more than 180 days and less than one year of unlawful presence and leaves the United States, then he cannot come back (or he is "barred") for three years. If a person has more than one year of unlawful presence and leaves the United States, then he will be barred for ten years. The combination of unlawful presence and departure triggers the "bar" to returning.
When a foreign national marries a U.S. citizen, he becomes eligible for permanent residency (getting a "green card"). The law does not allow a person who enters without inspection to get permanent residency ("adjust status") in the United States with limited exceptions. People who entered without inspection usually have to leave the United States to get proper status. However, and as noted above, when that person leaves the United States with unlawful presence, then he may trigger one of the "bars" to reentering. Thus, his visa application to return would be denied at the consulate.
These bars can be "waived" by the government if the foreign national has a "qualifying relative" (a U.S. citizen or lawful permanent resident spouse or parent) and that relative will suffer "extreme hardship" if the foreign national cannot return to the United States. These types of waivers are roughly termed "hardship waivers" or "601 waivers." Waiver processing outside the United States can take a long time. If the waiver is eventually approved, then the foreign national can enter as a lawful permanent resident or LPR (with a "green card").
**Update - New and Faster Waiver Process For Unlawful Presence Cases** The current unlawful presence waiver process requires the foreign national to trigger the bar by leaving the United States before asking for the waiver. This often forces the family member to wait outside the United States for months or sometimes years while waiting for a decision on the waiver. USCIS recently announced a new provisional I-601 waiver process for individuals seeking waivers based solely on unlawful presence. This new process will begin in early 2013. Those who know they have an unlawful presence bar will now be able to apply for a waiver without having to leave the United States. Instead, the family will remain intact while the family member awaits the decision.
We are excited about this new process, because it will keep families together rather than tearing them apart. If you believe you or a loved one may qualify for a waiver, hiring an immigration attorney who understands and is compassionate about keeping your family together is a must for the preparation of a successful application. To learn whether you or your loved one qualifies for a waiver, please email or call us at (866)448-2994 to schedule a case assessment with an immigration attorney with extensive waiver experience.
Waiver of Certain Criminal Activity
Some types of criminal convictions trigger removal proceedings. Some criminal activity keeps people from entering the United States lawfully. That activity, however, can sometimes be waived. These waivers are called 212(h) waivers. After being found eligible for the waiver (only certain crimes are waivable), applicants must show that their U.S. citizen or lawful permanent resident spouse, parent, or child will suffer extreme hardship if the applicant cannot stay in the United States. If you, a friend, or loved one has been convicted of a crime and needs help with his or her immigration matters, then email or call us at (866)448-2994 to schedule a case assessment with an experienced immigration waiver attorney.
Waivers For Fraud and Material Misrepresentations (Lies or Omissions)
If the government believes a person lied or tried to commit fraud during the immigration process, then the government will try to remove her and bar her from returning. There are waivers available. Applicants must prove that their U.S. citizen or permanent resident spouse or parent will suffer extreme hardship if the applicant is not allowed to stay in or reenter the United States. If you, a friend, or a loved one has lied to the government, it is important to consult with an attorney to determine the potential consequences and create a plan of action. To learn more about fraud, misrepresentations, and whether you or your loved one qualifies for a waiver, please email or call us at (866)448-2994 to schedule a case assessment with an experienced immigration waiver attorney.
Schedule a Case Assessment - Cleveland, OH or Charlotte, NC
Families are split up by removal and deportation daily. At Philip Eichorn Co., LPA, we believe that family unity is one of the cornerstones of America. We work hand-in-hand with our clients to keep their families together. We understand their needs and concerns and keep the lines of communication open with our internal client messaging system. To speak with an experienced immigration attorney with a record of waiver approvals, please email or call us at (866)448-2994 to schedule a case assessment.