It is relatively common for families from other countries have only one family member come to Florida with a work visa or other types of legal status. This occurs for a number of reasons, but it can also be hard on the family to be separated for such a long period of time. Eventually, other family members may come to Florida to be back together.
These visits can be wonderful, but they can lead to trouble if a foreign national overstays their visa.
If a person is in the country illegally for more than 180 days, there is a law that mandates that they must go back to their home country and apply for a visa from their own country.
This immigration process can take time though, and while they are waiting for the whole process to finish, they will be separated from their family members living in Florida. This can be hard on the families.
Basics of a provisional unlawful presence waiver
People in this situation can apply for a provisional unlawful presence waiver. It shortens the time that the family is separated.
This is an option for family members who are eligible for immigrant visas based on having an immediate family member who is a U.S. citizen or those eligible for family-sponsored or employment-sponsored visas.
If granted the waiver, people can stay in the country until their immigrant visa interview.
The immigration process in Florida can be long and complicated. Applying for a provisional unlawful presence waiver can be a good way to at least keep a family together during the application process.