Overcoming The Obstacles Involved In Unlawful Presence Waivers

New Orleans Provisional Unlawful Presence Waivers

Beginning March 4, 2013, people who are applying for immigrant visas and are spouses, children or parents of U.S. citizens can apply for a provisional unlawful presence waiver. This waiver is filed before an individual leaves the United States for their immigrant visa interviews at a U.S. embassy or consulate abroad. This new process shortens the time U.S. citizens are separated from their family members while those relatives are obtaining immigrant visas and waives any penalties for being in the United States for more than 180 days. The application process for these waivers is complex and can be difficult to properly document, requiring the advice and guidance of an experienced immigration attorney.

Based in New Orleans, Louisiana, Immigration & Nationality Law Group is dedicated to helping clients with a broad range of benefit-based immigration concerns, including provisional unlawful presence waivers. We will carefully assess your situation to make sure you meet eligibility requirements and assist with the gathering of information to fully document that eligibility with supplemental evidence. Our attorney will be deeply involved with your case, guiding you through the application process at every step.

Experienced Louisiana Immigrant Waiver Lawyer

Without the unlawful presence waiver, penalties can be harsh, even for family members of U.S. citizens. If you have been unlawfully residing in the United States between 180 and 365 days, you typically will be unable to return for three years. Or, if you have been here for 365 days or more, you are not able to return for 10 years.

To be eligible for the immigrant waiver, you must:

  • Be age 17 or older
  • Be an immediate relative (spouse, child or parent) of a U.S. citizen
  • Have an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for
    Amerasian, Widow(er), or Special Immigrant
  • Have a pending immigration visa case with the Department of State, and have paid the processing fee
  • Be able to demonstrate that refusal of your admittance to the United States will cause extreme hardship to the family member who is a U.S. citizen
  • Be physically present in the United States to file the application and provide biometrics
  • Not have been scheduled for an immigrant visa interview before January 3, 2013
  • Meet all other requirements for the provisional unlawful presence waiver (detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions)

We can help evaluate your case to determine if you or your love one qualifies as well as work diligently to form a persuasive argument regarding why you are eligible for this program. If your application is not approved, we can immediately stop the process and help to find other options for keeping your family unified and legalizing you or a loved one's immigration status.

To discuss provisional unlawful presence waivers in New Orleans, call our firm at 504-322-1407 or toll free at 866-585-1072. Or, if you prefer, fill out and submit the online contact form. Se habla español.