Making The American Dream Attainable

Provisional unlawful presence waivers: Am I eligible or not?

On Behalf of | Nov 8, 2022 | Uncategorized |

People who come to the United States from another country have their own story and situation as to why they have chosen to do so. They might be fleeing a difficult situation, want to join family or are coming to the U.S. to work, learn and have greater options to achieve their goals.

In some cases, they fall into the category of “unlawful presence” but want the chance to stay in the country. This category is for those who are applying for an immigrant visa and need to leave the United States to have a consular interview. Immigrants in Florida who are trying to get a provisional unlawful presence waiver should understand the rules. This is especially true regarding eligibility.

Who is and is not eligible for a provisional unlawful presence waiver?

People who are not citizens of the United States and are in the category of unlawful presence for more than 180 days must get the waiver of inadmissibility before they can leave for their consular interview and return. It is vital to know who is and is not eligible to get their waiver before moving forward.

Those who are eligible must: physically be in the United States to be able to file; be a minimum of 17-years old; have initiated the process of obtaining an immigrant visa with a pending case; show that leaving the United States will cause difficulty for a spouse or parent who is a U.S. citizen or a permanent resident; believe that the inadmissibility is because of staying in the United States for more than 180 days but less than a year or at least one year during one visit.

A person is not eligible for the following reasons: they do not meet all of the eligibility requirements; they are in a removal proceeding that is still pending; when they file, they are in removal proceedings but are on the review calendar for removal or there is a final order for removal, deportation or exclusion.

Immigration issues can be complex and having help is vital

People who have a close relative who is a U.S. citizen can apply for the provisional unlawful presence waiver. Since immigration issues are often complex and people are understandably worried as to how they will be treated if they are trying to stay in the United States but have obstacles that might impede achieving that objective, it is important to have professional guidance. This is particularly true with the provisional unlawful presence waiver. People who need assistance with this or any other immigration concern should call for advice and representation.