Unlawful Presence Waiver | Unlawful Presence Waiver Attorney | Georgia
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Unlawful Presence Waiver

Unlawful Presence Waiver Attorney in Georgia

Our unlawful presence waiver attorney at the Law Office of Jeffrey B. Kelly (Kelly Can Help) knows why individuals overstay visas and attempt to remain in the United States without legal immigration status. Undocumented immigrants, on the other hand, confront great hurdles, particularly in these changing times. Admission to the US is not open to everyone.

Because you were in the US without legal status for more than 6 or 12 months, USCIS may reject you a visa or green card. An unlawful presence waiver attorney may be able to help you get the visa or green card that you need through an I-601A waiver. Contact our immigration law firm now for legal assistance on your immigration status.

What is an Unlawful Presence Waiver?

You will be deported or removed without a waiver if you have amassed a specific quantity of unlawful presence in the United States. You will be prevented from returning to the US for several years if you leave the country willingly or involuntarily, depending on how much unlawful presence you have amassed. This is because one of the grounds for inadmissibility under US immigration law is unauthorized presence.

The I-601A provisional waiver, also known as the unlawful presence waiver, is a request to USCIS to pardon your unlawful presence by issuing a temporary waiver and allowing you to modify your immigration status to lawful permanent resident based on a familial link.

Every day that you are in the United States in violation of US immigration law, you accrue illegal presence. Illegal presence can be acquired in a variety of ways.

You can be deported and refused a U.S. visa for three years if your unlawful presence totals more than 180 days but less than one year. This is the three-year threshold. You can be deported and refused a U.S. visa for ten years if your illegal stay lasts a year or longer. This is the ten-year threshold. A provisional waiver can be used to get over both of these obstacles.

People who are currently residing in the US can apply for the I-601A provisional waiver.

Who Qualifies for an Unlawful Presence Waiver?

To apply for a provisional unlawful presence waiver, the applicant must fill out Form I-601A and attach all supporting documentation, as well as pay the filing costs. Along with the waiver application, they must also send the I-797 approval notification from the underlying immigrant visa case as well as the immigrant visa fee receipt.

It's vital to remember that you can seek a temporary waiver of unlawful presence as long as you have an immigrant visa case pending with the Department of State (DOS). However, the standards for obtaining approval of the waiver are exceedingly complicated.

To qualify for a temporary illegal presence waiver, the applicant must show that their U.S. citizen or lawful permanent resident spouse or parent (Qualifying Relative or QR) will face "extreme hardship" if they are not allowed to return to the United States.

Keep in mind that USCIS only takes into account the hardship that the QR will face. This approach does not take into account the foreign national's or other people' extreme hardship. The foreign national will be unable to apply for the waiver if they do not have a QR.

To get the waiver approved, the foreign national must show that the QR will suffer great hardship in one of two scenarios: living in the United States while separated from the foreign national, or relocating to the foreign national's country of origin to be with the foreign national. Your unlawful presence waiver attorneys can assess your situation and recommend the best step for you to take.

How to Determine Your Eligibility for the I-601 Waiver?

In order to be qualified for the waiver, the applicant must demonstrate that their US citizen or lawful permanent resident spouse or parent will suffer "extreme hardship" if they were not allowed back into the United States after a vacation abroad. The program is open to anyone who meet the requirements listed below:

Present for Application Submission and Status Adjustment Interview

Individuals seeking waivers must be in the United States when the application is submitted and must remain there until a consular interview is scheduled to change their status.

Favorable History

Illegal presence in the country is the only ground for inadmissibility waived by the waiver. If there is any other negative background, the waiver may be rejected.

Beneficiary of an Approved I-130

For the applicant to be eligible, a U.S. citizen or lawful permanent resident family member must have submitted an approved Alien Relative Petition (I-130) (spouse, wife, parent, child over 21, or sibling). "Extreme hardship" also needs to be shown by the qualifying relative.

Beneficiary of an Approved I-140

The applicant must be the recipient of an employer-filed Immigrant Petition for an Alien Worker (I-140) that has been approved by the USCIS.

No Final Order of Deportation Present

In addition, the deportation order against the applicant must be withdrawn. Deportation procedures that have been suspended or terminated administratively may be exempt from the requirement for an appeal.

What is Extreme Hardship?

The legal definition of "extreme hardship" is ambiguous and changes depending on the circumstances. USCIS is on the lookout for the following things:

  • The qualifying relative cannot move abroad due to a severe medical condition.
  • The qualifying relative has a major medical issue and cannot travel abroad or cannot be left alone.
  • The qualifying relative will be unable to work overseas and will lose all benefits and suffer financially.
  • The qualifying relative is caring for others in the U.S. (such as aging parents or minor children).
  • The qualifying relative will not be able to continue their education.
  • Other hardship factors.

Get a skilled unlawful presence waiver attorney on your side at this point. To learn more about your options and how we can be of service, give us a call at the Law Office of Jeffrey B. Kelly (Kelly Can Help) right away.

How to Apply for a Family-Based Petition in Georgia?

The United States citizen or lawful permanent resident must first submit a "I-130 Petition" for Alien Relative for an application under the immediate relative category or one of the preference categories to the USCIS. This form must be accompanied with documentation of the petitioner's immigration status in the US as well as proof of the petitioner's relationship with the beneficiary.

The petitioner, a US citizen or lawful permanent resident, must demonstrate that they are 125% over the poverty level and can sustain a relative. If the US citizen or lawful permanent resident does not match this financial condition, a dual sponsor will be required, or their assets will be considered.

The DOS will assess if an immigrant visa number is available for the beneficiary once the "I-130 Petition" for Alien Relative is approved. Immigrant visas are always accessible for those who are close relatives.

Immigrants in the priority categories, on the other hand, may apply for an immigrant visa in another country once a visa number is available. If the I-130 Petition for Alien Relative's beneficiary is already in the United States, they may be eligible to file an I-485 Application to Register Permanent Resident or Adjust Status with the USCIS.

If an applicant is outside of the United States and wishes to have his or her Immigrant Visa petition adjudicated at one of the US Consulates, the petition will most likely be referred to the US Consulate in the beneficiary's country of citizenship or permanent residence at the time the I-130 was approved.

It is important to note that in the instance of a preference petition rather than an immediate relative petition, the consulate will not adjudicate the petition until the beneficiary has an immigrant visa. When the priority date on the I-130 Approval Notice (USCIS form I-797) becomes current, an immigrant visa becomes instantly accessible.

How to Apply for a Visa or Green Card?

Immigrants who have had their I-130 petitions granted can now apply for a green card.

  • When applying for an adjustment of status, the form I-485 (Application for Adjustment of Status) must be filed at the USCIS office. After a visa number becomes available, it is essential to modify one's immigration status to that of a lawful permanent resident.
  • If the petitioner is from the applicant's home country, USCIS will notify them. As soon as an immigrant visa number becomes available, it will be forwarded to the National Visa Center. An immigrant visa number must be presented at a U..S consulate to complete the immigration process. The National Visa Center will help the applicant make an appointment with a U.S Consulate abroad.

It will be more difficult for an undocumented person to complete the steps indicated above. Experienced and compassionate unlawful presence waiver attorneys at the Law Office of Jeffrey B. Kelly (Kelly Can Help)  can provide you with the legal guidance you require.

Consult an Unlawful Presence Waiver Attorney Today

An unlawful presence waiver can help you avoid being stuck outside the United States and separated from your loved ones.  

The Law Office of Jeffrey B. Kelly (Kelly Can Help) has a reputation for providing excellent service and competent legal representation. A competent immigration lawyer is always ready to assist immigrants and their families in achieving their objectives and navigating the complicated process of acquiring an immigrant visa, green card, or citizenship in the United States. Contact us now for a private consultation with our unlawful presence waiver attorneys to learn more about how an immigration waiver can help your case.


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Are you losing sleep because of your legal status? Worry no more! Our experienced immigration attorneys at The Law Office of Jeffrey B. Kelly can help you break free from your immigration problems. We will help you find the best possible way to live and work in the U.S. legally. Schedule an appointment with an experienced immigration lawyer in Georgia today!